Maternity Leave Rights In Texas

Although Texas is a right-to-work state, you cannot lose your job due to your pregnancy or labor. Additionally, thanks to FMLA, most Texas companies are required to accomodate your pregnancy and provide you with a reasonable amount of maternity leave, even though it will likely be unpaid.  

When Can I Take Maternity Leave?

There are very specific guidelines for who can take maternity leave and when that leave can be taken. They are:

• To care for your new baby (any time in the first 12 months of the child's life)
• Following the adoption of a child (within 12 months of the child's placement)
• Following the placement of a foster child with the employee (within 12 months of the child's placement)
• To care for your child if he or she has a serious medical condition. 

What is FMLA?

The Federal Family and Medical Leave Act states that many employees are entitled to up to 12 weeks of unpaid, job-protected leave for a variety of reasons, including childbirth disability. Both mothers and fathers are permitted to take FMLA to bond with a new baby during the child's first year of life. This leave is limited to 12 weeks in a 12 month period, and is unpaid. You must have worked at least 1,250 hours in the past year, and work for an employer who employs fifty or more workers within 75 miles. While these guidelines sound good in theory, they also overlook a huge number of working moms, and few states are as generous as the federal guidelines. 

Which States Offer Better Maternity Leave?

While there is no state in the U.S. that requires employers to allow paid maternity leave, five states do have mandatory short term disability that covers childbirth disability--but Texas is not among them. (CA, NY, RI, NJ, HI)

How Long Can I Take?

Maternity leave time is essentially however long you can financially afford to stay home and bond with your baby.Texas allows for six weeks of unpaid leave.In today's economy many families are already struggling to make ends meet--before losing mom's income and adding the expenses of a new baby. New parents can be torn between the financial necessity to return to work and the feeling they are being forced to return to work before the-and their baby- are ready. 

After Your Leave

When you return from maternity leave, you are entitled to be restored to the same job you left when the leave began. If the same job is no longer available, your employer must place you in an equivalent position with equivalent pay, benefits and duties. Employers are strictly prohibited from discriminating against employees who take FMLA leave. If you feel you are being discriminated against because of your pregnancy and subsequent delivery and maternity leave, you should contact an attorney who is familiar with the maternity leave rights specific to Texas.