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Maternity leave in Texas

What you get in Texas when you have a baby: job-protected time off, ways to get paid, and the state laws that protect you at work.

Checked October 2026 · 19 sources · Not legal advice

Short answer

Texas has no state paid family leave program. A 2023 law lets insurers sell paid family leave policies to employers, so you're covered only if your employer buys one. So most new moms combine unpaid FMLA leave (12 weeks, if you qualify) with short-term disability and paid time off.

Texas at a glance

Checked October 2026. Details and sources below.

What you get in Texas

Texas doesn't run a paid family leave program, and no federal law requires private employers to pay for maternity leave. What you can count on depends on where you work: FMLA's 12 weeks of unpaid, job-protected leave if you qualify, plus whatever your employer pays.

State disability programs in California and New York pay for 6 weeks of recovery after a vaginal birth and 8 after a C-section, longer with complications. After recovery, time off to bond with your baby is unpaid unless you use paid time off or your employer offers paid parental leave.

Sources: Electronic Code of Federal Regulations (National Archives); California Employment Development Department (EDD); New York State Workers’ Compensation Board; U.S. Department of Labor. Data as of October 2026.

A typical leave with FMLA, week by week

Vaginal birth12 weeks

C-section12 weeks

  • Recovery
  • Unpaid, job-protected
Assumes you qualify for FMLA and start leave at the birth. Recovery weeks are paid only through short-term disability or paid time off; the rest of the 12 weeks is unpaid unless your employer pays.

Do you qualify for FMLA?

You qualify if you've worked for the employer at least 12 months and 1,250 hours in the past 12 months, at a worksite where the employer has 50+ employees within 75 miles. Public agencies and schools are covered at any size.

50+

employees within 75 miles of your worksite (public employers and schools of any size)

12 mo

with your employer, not necessarily in a row

1,250

hours worked in the past 12 months, about 24 a week

12 wk

of unpaid, job-protected leave, with your health coverage kept

Sources: Electronic Code of Federal Regulations (National Archives); U.S. Department of Labor; U.S. Equal Employment Opportunity Commission

Getting paid during maternity leave in Texas

Your pay while you're out comes from these sources, usually in combination.

  • Short-term disability

    If your employer offers short-term disability, or you have your own policy, it can pay part of your wages while you recover from the birth. Employer plans set their own percent of pay and number of weeks, so ask HR for the plan document. How short-term disability works for pregnancy

  • Paid time off and sick leave

    No federal law requires private employers to give paid family, maternity or parental leave. FMLA leave is unpaid, though workers can use paid leave they've earned, and the Fair Labor Standards Act doesn't require pay for time not worked. Check how many PTO and sick days you'll have saved by your due date.

    Sources: Electronic Code of Federal Regulations (National Archives); U.S. Department of Labor

  • A family leave insurance policy

    A 2023 law lets insurers sell family leave insurance to employers, as a separate policy or a rider to group disability coverage, with at least 2 weeks of benefits per covered reason in a year. You're covered only if your employer buys a policy (Tex. Ins. Code ch. 1255, effective Sept. 1, 2023). Ask HR whether your employer has one.

    Sources: Texas Legislature; Mercer Law & Policy Group

  • If you work for the state of Texas

    Texas gives state employees 40 days of paid leave after giving birth, and 20 days after a spouse's birth, a surrogate birth or an adoption, taken during their FMLA leave. It covers executive-branch agency employees (not public colleges and universities) and other Employees Retirement System members (Tex. Gov't Code § 661.9125, 2023). Employees not yet eligible for FMLA can take up to 12 weeks of parental leave, unpaid once accrued leave runs out (§ 661.913).

    Source: Texas Legislature

  • If you're a federal employee

    Federal civilian employees covered by title 5 FMLA can get up to 12 weeks of paid parental leave for each birth or adoption/foster placement on or after Oct. 1, 2020, used within 12 months after the birth or placement. It requires 12 months of qualifying federal service and is separate from sick and annual leave.

    Source: U.S. Office of Personnel Management

Your rights at work in Texas

State laws on leave, pregnancy accommodations and pumping, checked October 2026. Federal law (FMLA, the Pregnant Workers Fairness Act and the PUMP Act) applies on top of these.

  • Leave and pregnancy rules

    FMLA only

    No Texas law adds job-protected leave beyond federal FMLA for private-sector workers.

    Sources: National Conference of State Legislatures; National Partnership for Women & Families

  • Pregnancy accommodations

    Public jobs only

    Texas requires cities and counties to make a reasonable effort to accommodate an employee whose doctor finds her partially restricted by pregnancy, and to give her an available temporary assignment in the same office if she can't do her regular job. The law covers only city and county employees, not private employers (Tex. Local Gov't Code § 180.004, 2001).

    Sources: Texas Legislature; A Better Balance

  • Pumping at work

    Public jobs only

    Texas requires public employers (state agencies, public colleges, cities, counties, school districts and other local governments) to give reasonable break time and a private place, other than a multi-user bathroom, to pump, and to adopt a written lactation policy (Tex. Gov't Code ch. 619, 2015). Private employers aren't required to; they can choose to earn the state's "mother-friendly" designation (Tex. Health & Safety Code § 165.003).

    Source: Texas Legislature

Guides

Paternity leave in Texas

Texas has no law that pays fathers or partners for bonding leave. If they qualify, FMLA gives them up to 12 weeks of unpaid, job-protected leave to care for the newborn, under the same rules as moms. Employer paid parental leave and paid time off are the usual ways to get paid.

State employees: Texas gives state employees 40 days of paid leave after giving birth, and 20 days after a spouse's birth, a surrogate birth or an adoption, taken during their FMLA leave. It covers executive-branch agency employees (not public colleges and universities) and other Employees Retirement System members (Tex. Gov't Code § 661.9125, 2023). Employees not yet eligible for FMLA can take up to 12 weeks of parental leave, unpaid once accrued leave runs out (§ 661.913).

Sources: Electronic Code of Federal Regulations (National Archives); Texas Legislature

12 wk

unpaid, job-protected FMLA leave for an eligible father or partner

$0

paid by Texas law to a father or partner

Your maternity leave, step by step

  1. During pregnancy

    Ask HR for the leave policy, the short-term disability plan document, and whether you qualify for FMLA. Tell your employer your expected dates as early as you can, and check how much paid time off you'll have.

  2. From the birth: recovery

    File your short-term disability claim if you have coverage. California's and New York's disability programs count 6 weeks of recovery after a vaginal birth and 8 after a C-section; your provider can certify more for complications.

  3. To week 12: bonding

    FMLA's job protection runs 12 weeks in all. After recovery, this time is unpaid unless you use paid time off or your employer pays parental leave.

  4. Back at work

    If you're pumping: Texas requires public employers (state agencies, public colleges, cities, counties, school districts and other local governments) to give reasonable break time and a private place, other than a multi-user bathroom, to pump, and to adopt a written lactation policy (Tex. Gov't Code ch. 619, 2015). Private employers aren't required to; they can choose to earn the state's "mother-friendly" designation (Tex. Health & Safety Code § 165.003).

Questions about maternity leave in Texas

How long is maternity leave in Texas?

No Texas law requires paid maternity leave. If you qualify for FMLA, you get up to 12 weeks of unpaid, job-protected leave. How much of that time is paid depends on your short-term disability coverage, your saved paid time off and your employer's own leave policy.

Does Texas have paid family leave?

No state program. A 2023 law lets insurers sell family leave insurance to employers, as a separate policy or a rider to group disability coverage, with at least 2 weeks of benefits per covered reason in a year. You're covered only if your employer buys a policy (Tex. Ins. Code ch. 1255, effective Sept. 1, 2023).

Do I qualify for FMLA?

You qualify if you've worked for the employer at least 12 months and 1,250 hours in the past 12 months, at a worksite where the employer has 50+ employees within 75 miles. Public agencies and schools are covered at any size.

Does Texas require pregnancy accommodations at work?

Texas requires cities and counties to make a reasonable effort to accommodate an employee whose doctor finds her partially restricted by pregnancy, and to give her an available temporary assignment in the same office if she can't do her regular job. The law covers only city and county employees, not private employers (Tex. Local Gov't Code § 180.004, 2001). The Pregnant Workers Fairness Act requires employers with 15 or more employees to provide reasonable accommodations for limitations related to pregnancy, childbirth or related conditions unless it causes undue hardship. EEOC lists leave for health care appointments and leave to recover from childbirth as examples. It doesn't require the leave to be paid.

Is there paternity leave in Texas?

Texas has no law that pays fathers or partners for bonding leave. If they qualify, FMLA gives them up to 12 weeks of unpaid, job-protected leave to care for the newborn.

Do Texas state employees get paid parental leave?

Texas gives state employees 40 days of paid leave after giving birth, and 20 days after a spouse's birth, a surrogate birth or an adoption, taken during their FMLA leave. It covers executive-branch agency employees (not public colleges and universities) and other Employees Retirement System members (Tex. Gov't Code § 661.9125, 2023). Employees not yet eligible for FMLA can take up to 12 weeks of parental leave, unpaid once accrued leave runs out (§ 661.913).

More for new parents in Texas

Sources

  1. 1.Texas Insurance Code Chapter 1255. Group Family Leave Insurance Texas Legislature. Accessed October 9, 2026.
  2. 2.State paid family and medical leave contributions and benefits (Feb. 6, 2026) Mercer Law & Policy Group. Accessed October 9, 2026.
  3. 3.Texas Local Government Code, Chapter 180 (Sec. 180.004, Working Conditions for Pregnant Employees) Texas Legislature. Accessed October 9, 2026.
  4. 4.State Pregnant Workers Fairness Laws (updated Dec. 1, 2025) A Better Balance. Accessed October 9, 2026.
  5. 5.Texas Government Code, Chapter 619. Right to Express Breast Milk in the Workplace Texas Legislature. Accessed October 9, 2026.
  6. 6.Texas Health and Safety Code, Chapter 165. Breast-Feeding Texas Legislature. Accessed October 9, 2026.
  7. 7.Texas Government Code, Chapter 661 (Secs. 661.9125 Paid Parental Leave and 661.913 Parental Leave) Texas Legislature. Accessed October 9, 2026.
  8. 8.29 CFR 825.100 The Family and Medical Leave Act Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
Show all 19 sources
  1. 9.29 CFR 825.104 Covered employer Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  2. 10.29 CFR 825.110 Eligible employee Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  3. 11.29 CFR 825.200 Amount of leave Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  4. 12.29 CFR 825.214 Employee right to reinstatement Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  5. 13.Family and Medical Leave Act (FMLA) U.S. Department of Labor. Accessed October 9, 2026.
  6. 14.What You Should Know About the Pregnant Workers Fairness Act U.S. Equal Employment Opportunity Commission. Accessed October 9, 2026.
  7. 15.The Pregnant Workers Fairness Act (42 U.S.C. 2000gg) U.S. Equal Employment Opportunity Commission. Accessed October 9, 2026.
  8. 16.Vacation Leave U.S. Department of Labor. Accessed October 9, 2026.
  9. 17.Fact Sheet: Paid Parental Leave U.S. Office of Personnel Management. Accessed October 9, 2026.
  10. 18.Disability Insurance – Pregnancy FAQs California Employment Development Department (EDD). Accessed October 9, 2026.
  11. 19.Introduction to the Disability Benefits Law (employee disability benefits) New York State Workers’ Compensation Board. Accessed October 9, 2026.

Maternity leave in other states

No state program

Compare every state