Texas Employment Law (Federal Protections Apply)

Texas does not have a specific state-level family or medical leave law that supplements the federal FMLA. This means that for most employees in Texas, rights to unpaid, job-protected leave for serious health conditions or caregiving rely entirely on the federal Family and Medical Leave Act (FMLA). To qualify, you generally must work for an employer with 50+ employees and have worked there for at least 12 months.

However, Texas workers are strongly protected against disability discrimination through the Texas Commission on Human Rights Act (TCHRA), codified in Chapter 21 of the Texas Labor Code. This statute largely mirrors the federal ADA but provides a specific avenue for state-level recourse. Under the TCHRA, employers with 15 or more employees cannot fire, refuse to hire, or treat you differently because of a physical or mental disability. They are also required to provide “reasonable accommodations” unless doing so would cause an undue hardship.

While the state lacks a paid sick leave mandate, and courts have blocked local attempts in cities like Austin and San Antonio to create one, workers do have recourse for unpaid wages under the Texas Payday Law. Workers’ Compensation coverage for mental health conditions without a physical injury (“mental-mental” claims) is very limited and typically requires proving a specific, sudden traumatic event occurred at work.

Even without a state leave law, Texas workers still have meaningful protections. The combination of federal FMLA, the ADA, and Texas’s own TCHRA creates a safety net that covers most workers facing serious health conditions. The key is understanding which protections apply to your specific situation, based on your employer’s size and your length of employment.

Leave: Texas does not have a state family or medical leave law. Federal FMLA is the primary source of job-protected leave.

Anti-Discrimination: The Texas Commission on Human Rights Act (TCHRA) matches the federal ADA's 15-employee threshold and provides a state-level avenue for filing discrimination claims through the Texas Workforce Commission.