Texas Sick Leave Law 2024: An HR Guide for Texas Employers

Sick leave is an essential benefit. It lets employees rest and recover when they’re not feeling well. When your team can take time off to recuperate, they’re less likely to spread illness or experience burnout. After all, a well-rested employee is a productive employee.

In this article, we’ll discuss sick leave laws in Texas in 2024, from public and private sectors to different leave types like parental leave. We’ll also share how Mosey can help manage state compliance.

What Are Public Sector Sick Leave Requirements in Texas?

The sick leave landscape in Texas is unique. Public sector employees, like teachers or government workers, often have sick leave policies mandated by the state. These policies outline how much time employees earn, what they can use it for, and how it accrues.

If you’re a public sector employee in Texas, there are specific rules about your sick leave. First, you have to meet specific eligibility requirements. Typically, that means working at least 20 hours per week for a minimum of four and a half months before you can use it.

For most employees, paid sick leave starts accumulating from day one. Full-time employees usually accrue more hours per month than part-time employees. Specifically, full-time employees earn eight hours of sick leave per month, while part-time workers earn sick leave based on how many hours they put in.

You can use your accrued sick leave for various reasons. Feeling under the weather? You can use sick leave. Got a doctor’s appointment? Sick leave. Pregnant or taking care of a sick family member? You already know the answer.

It’s pretty flexible, but remember: If you need to take more than three days off, you’ll need a doctor’s note to explain why.

Parents of school-aged children get an added bonus. Texas offers them extra sick leave hours that can be used for school-related activities, such as parent-teacher conferences, field trips, or even attending a school play.

How Does the Family and Medical Leave Act (FMLA) Work in Texas?

Let’s discuss another type of leave: the Family and Medical Leave Act, or FMLA. It’s a federal law, so it applies across the United States. If you’ve worked for a company with 50 or more employees for at least a year and worked at least 1,250 work hours within that year, you’re probably eligible for FMLA leave.

That applies to public agencies and schools, regardless of the number of employees. Eligible employees can take as many as 12 weeks of leave. It’s unpaid leave, but it’s yours to use within a year.

This leave is for specific situations, like caring for a newborn or newly adopted child, addressing a worrisome health condition of your own, or looking after a close family member with a severe illness. While the leave is unpaid, you typically can use any accrued paid leave you have, like sick or vacation time, during your FMLA leave.

In Texas, one thing to remember regarding FMLA is that you must use up all your paid sick leave and vacation days before your FMLA leave kicks in. That means you’ll stop receiving pay once your paid leave is exhausted and your FMLA leave begins.

The FMLA is a safety net. It gives employees the time to deal with significant life events without worrying about losing their jobs. If you think you might be eligible for FMLA leave, check your company’s policy or talk to your HR department.

How Does Parental Leave Work for State Employees in Texas?

New parents working for the State of Texas have another leave option available, even if they don’t meet the FMLA’s requirements. Unlike the FMLA, which usually requires a year of employment, this parental leave is designed for employees who have been with the state for less than 12 months or haven’t worked 1,250 hours.

If you’re a state employee in Texas, this benefit could be a lifesaver. You can take up to 12 weeks of unpaid leave to bond with your new child, whether through birth, adoption, or foster care placement. This time allows you to focus on your growing family without the stress of work.

However, this leave is for state employees who have not met the more stringent FMLA requirements. It’s a way for the state to support new parents in those crucial early months with their child, regardless of their tenure.

As with the FMLA, this parental leave is unpaid. However, you can often use your accrued paid time off, like sick or vacation days, during this period. You’ll need to check with your HR department about your specific options.

If you’re a new parent working for the State of Texas, know your options. The FMLA and parental leave can offer much-needed time to focus on your family and adjust to this new chapter in your life.

What Are Additional Leave Types for Public Sector Employees in Texas?

Texas public sector employees get a sweet deal when it comes to leave. We’ve covered sick and parental leave, but there are even more types that you should be aware of.

Emergency Leave: Allows public sector employees to take paid time off for things like bereavement or family emergencies.
Military and Volunteer Service Leave: This lets public servants in the military reserves or disaster response teams take paid leave for their service. The same goes for volunteer firefighters, EMS workers, and search and rescue volunteers.
Administrative/Merit Leave: Essentially a bonus for doing an outstanding job.
Voting Absence Leave: Ensures public employees have time to participate in elections (and is usually paid).
Jury Service Leave: Allows workers to leave (usually unpaid) to perform this civic duty.
Organ, Bone Marrow, and Blood Donor Leave: Public sector workers can take paid leave for these generous acts.

If you’re a public sector employee in Texas, check with your employer to confirm what options are available to you. If one isn’t offered, you’ll have plenty of others you can utilize.

What Is Private Sector Sick Leave in Texas?

In Texas, things change a bit for private sector workers. Their employers have more flexibility and can choose to offer paid sick leave, unpaid sick leave, or no sick leave at all.

This means that if you work for a private company in Texas, your sick leave benefits will depend entirely on your employer’s policy. Unlike in the public sector, there is no law requiring private employers to offer sick leave.

Your sick leave benefits, if any, will depend entirely on your company’s policies or what’s outlined in your employment contract. It’s a good idea to review those documents so you know where you stand.

How To Stay Compliant With Texas Sick Leave

Staying compliant with Texas labor laws can be tricky. It’s crucial to remember that the rules aren’t the same for everyone. Public-sector employees have one set of regulations, while private-sector employees are at the mercy of their employer’s policies.

If you’re feeling lost, check out resources like the Texas Workforce Commission or talk to a lawyer specializing in employment law. A compliance management platform like Mosey can simplify this process for larger companies with teams across different states. It’s designed to keep track of all the different leave laws, so you don’t have to.

Compliance in Texas Is Easy With Mosey

You now know about public and private sector sick leave, the FMLA, and more. Sick leave ensures employees are well taken care of, but it also provides an opportunity to create a workplace where people feel supported when they’re not feeling their best.

If you’re an employer, don’t forget that a good sick leave policy transcends compliance and shows your team that you care. If you’re ready to simplify compliance for your Texas business, schedule a demo with Mosey today.

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