FMLA Texas: What HR Teams Need to Know to Stay Compliant
If you’re searching for FMLA Texas guidance, you’re likely trying to answer two practical questions fast: who is eligible, and what must employers do to comply? The Family and Medical Leave Act is a federal law that applies in Texas (and every state), but employers still need state-aware processes for notices, documentation, and coordination with paid leave and accommodations.
Below is a focused, HR-ready guide to how does FMLA work in Texas, including eligibility rules, leave entitlements, required employer notices, and common compliance pitfalls.
What law applies in Texas? (Family Medical Leave Act Texas vs. “Medical Leave Act Texas”)
There is no separate “medical leave act Texas” equivalent to a broad, statewide paid family and medical leave program. For most private employers, the governing law is the federal Family and Medical Leave Act of 1993 (FMLA), enforced by the U.S. Department of Labor’s Wage and Hour Division and implemented through 29 C.F.R. Part 825.
For poster and notice compliance that supports federal labor law obligations, many employers also maintain an up-to-date federal posting set; SwiftSDS summarizes these on the Federal (United States) Posting Requirements page.
Covered employers and employee eligibility (Texas)
Covered employers under FMLA
FMLA applies to:
- Private-sector employers with 50 or more employees in 20 or more workweeks in the current or preceding calendar year (within a 75-mile radius), and
- Public agencies (state, local, federal) regardless of size, and
- Public and private elementary and secondary schools regardless of size.
(See 29 C.F.R. §§ 825.104–825.108.)
Employee eligibility
An employee is eligible for FMLA leave in Texas if they:
- Have worked for the employer for at least 12 months (not necessarily consecutive),
- Have at least 1,250 hours of service during the 12 months immediately before leave, and
- Work at a location where the employer has 50 employees within 75 miles.
(See 29 C.F.R. § 825.110.)
Action tip: Build an eligibility checklist into your HRIS workflow so you can make a consistent eligibility determination within the required timeframes.
How does FMLA work in Texas? Key rights and employer duties
The core entitlement: up to 12 weeks of job-protected leave
Eligible employees may take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for:
- Birth of a child and bonding,
- Placement of a child for adoption or foster care and bonding,
- The employee’s serious health condition,
- Caring for a spouse, child, or parent with a serious health condition,
- Certain qualifying exigencies related to a covered military member’s active duty.
(See 29 C.F.R. §§ 825.112–825.115; 825.120–825.126.)
26 weeks for military caregiver leave
Employees may be entitled to up to 26 workweeks in a single 12-month period to care for a covered servicemember with a serious injury/illness.
(See 29 C.F.R. §§ 825.127–825.129.)
Job restoration and benefits continuation
While on FMLA:
- The employer must maintain group health benefits under the same terms as if the employee continued to work (see 29 C.F.R. § 825.209).
- The employee must generally be restored to the same or an equivalent position (see 29 C.F.R. § 825.214).
For a broader overview of employee protections that commonly intersect with leave issues (retaliation, wage rules, and notice rights), SwiftSDS also summarizes key principles in 5 rights of workers.
Is FMLA paid in Texas?
A common query is “is FMLA paid in Texas?” Under federal law, FMLA leave itself is unpaid. However, pay can enter the picture in three common ways:
- Employer paid leave policies: An employer may offer paid parental leave, PTO, or salary continuation.
- Substitution of paid leave: Employees (or employers, if policy allows) may “substitute” accrued paid leave (like vacation or sick time) for unpaid FMLA, subject to policy and legal rules (29 C.F.R. § 825.207).
- Short-term disability (STD): For an employee’s serious health condition, wage replacement may be available through STD insurance, while FMLA provides job protection.
Action tip: Put your substitution rules in writing and apply them consistently. Train managers not to promise pay “because it’s FMLA”—the pay usually comes from PTO/STD, not the statute.
Required notices, timing, and documentation (high-risk compliance areas)
Employer notice obligations
Under 29 C.F.R. § 825.300, covered employers must provide:
- A general notice of FMLA rights (typically satisfied through posting and/or handbook distribution),
- An eligibility notice within 5 business days of a leave request (absent extenuating circumstances),
- A rights and responsibilities notice, and
- A designation notice (whether leave is designated as FMLA).
Action tip: Use standardized templates and track the “5 business day” deadline. Missed or inconsistent notices are a frequent source of disputes.
Medical certification rules
Employers may require medical certification supporting the need for leave (29 C.F.R. §§ 825.305–825.308). You can:
- Request recertification in specific circumstances,
- Require a fitness-for-duty certification for return to work in certain cases.
Be careful: medical documentation requests must stay within FMLA rules and, when disability-related, may also implicate ADA restrictions on medical inquiries.
For ADA coordination resources, see SwiftSDS’s guidance on ada hr and ada forms for employers.
Coordinating FMLA with ADA, EEO, and worker classification issues
FMLA vs. ADA accommodations
FMLA provides a defined leave bank (typically 12 weeks), while the ADA may require additional leave or other accommodations as a reasonable accommodation, depending on the situation. When FMLA ends, don’t “auto-terminate” without an ADA interactive process review.
Retaliation and discrimination risk
FMLA prohibits interfering with FMLA rights and retaliation for using leave. Also consider how leave decisions intersect with equal employment obligations; SwiftSDS discusses the compliance purpose of EEO rules in as it pertains to employment opportunity the eeo strives to.
Contractors are usually not eligible
Another frequent compliance question is whether 1099 workers qualify. In most cases, independent contractors are not FMLA-eligible—but misclassification can create major exposure. See are contractors eligible for fmla for classification-focused guidance.
Multi-state employers: Texas vs. Arizona, Georgia, and Kansas (what changes?)
FMLA is federal, so the baseline rules are consistent—but multi-state HR teams often need state-by-state workflows for postings and related state leave programs.
- For FMLA Arizona specifics and common questions like “fmla leave arizona” and pay coordination, see Fmla in az.
- For FMLA Georgia (often searched as “ga fmla”), see Family medical leave act georgia.
- If you operate in Kansas and need a compliance hub for required postings and related requirements, see Kansas (KS) Labor Law Posting Requirements (useful for teams searching fmla kansas alongside posting obligations).
Action tip: Maintain one core FMLA policy (federal) plus a state addendum matrix for any state programs, posting rules, or local ordinances that affect leave administration.
Practical compliance checklist for FMLA Texas
- Confirm coverage (50+ employees threshold; 75-mile test).
- Centralize intake: route leave requests to HR, not managers.
- Send notices on time (eligibility + rights/responsibilities within 5 business days).
- Use compliant certifications and track cure periods and recertification timing.
- Designate leave in writing and track leave usage consistently.
- Maintain benefits and document premium payment arrangements if the employee is unpaid.
- Plan return-to-work: restoration, fitness-for-duty (when allowed), and ADA review if restrictions exist.
FAQ: FMLA Texas
Is FMLA paid in Texas?
No. FMLA is unpaid under federal law. Pay may come from PTO, an employer paid leave policy, or short-term disability, depending on your plan documents and policies.
How does FMLA work in Texas for a serious health condition?
If the employer is covered and the employee is eligible, the employee can take up to 12 weeks of job-protected leave for their own serious health condition, including intermittent leave when medically necessary (see 29 C.F.R. § 825.202). Employers can request medical certification and must provide required FMLA notices.
Can independent contractors take FMLA leave?
Generally, no—FMLA applies to employees, not true independent contractors. Misclassification is common, so review are contractors eligible for fmla if you’re unsure.
SwiftSDS helps HR teams keep labor law compliance materials organized and current. For foundational posting obligations that support federal compliance programs, review the Federal (United States) Posting Requirements resource.