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Paid Mat Leave in Texas: What Are Your Rights and Options?

Expecting a child and wondering whether you’ll be able to take time off work without losing income or your job? You’re not alone. Thousands of Texas workers ask every year:
“Do I get paid mat leave?”

Unfortunately, the United States remains one of the few developed countries without a guaranteed paid mat leave policy at the federal level. And in Texas, the law doesn’t mandate employers to provide paid time off for new parents.

But don’t lose hope—there are still ways to secure paid time off during and after childbirth, depending on your employer, job status, and available benefits.

At The Lange Firm, we help Texas employees understand their rights regarding paid mat leave, unpaid leave, and protections against discrimination or retaliation for taking time off to care for a new child. This guide covers everything you need to know.

Table of Contents

• Is Paid Mat Leave Required by Texas Law?

• Federal Leave Laws for Parents

• How FMLA Protects Your Job—But Not Your Pay

• Ways to Get Paid During Mat Leave in Texas

• Using Short-Term Disability for Paid Mat Leave

• Can You Use PTO or Sick Time for Mat Leave?

• Private Employer Paid Mat Leave Policies

• What If Your Employer Denies Leave or Retaliates?

• Your Rights Under Federal and Texas Law

• How The Lange Firm Can Help

• Final Thoughts

• Related Blogs for Further Reading

Is Paid Mat Leave Required by Texas Law?

No. Texas does not require employers to provide paid mat leave to employees, regardless of the size of the business or your job type.

However, many employees have access to unpaid, job-protected leave through federal law. And depending on your benefits, you may be able to receive some income while you’re away from work.

Texas does prohibit discrimination based on pregnancy or related conditions, but it does not guarantee paid mat leave under state law.

Federal Leave Laws for Parents

The Family and Medical Leave Act (FMLA) is the main federal law providing leave rights to new parents. FMLA allows:

• Up to 12 weeks of unpaid leave in a 12-month period

• Leave to care for a newborn or adopted child

• Leave for recovery from childbirth or pregnancy-related conditions

• Leave for family health needs or personal serious illness

But again—FMLA doesn’t require payment. It only ensures your job is protected and your health insurance remains in place.

How FMLA Protects Your Job—But Not Your Pay

To qualify for FMLA leave, you must:

• Have worked for your employer for at least 12 months

• Have worked at least 1,250 hours in the previous 12 months

• Work for a company with 50 or more employees within 75 miles

If you qualify:

• Your employer must allow you up to 12 weeks of unpaid time off

• They must hold your job (or an equivalent role) until you return

• They cannot retaliate or penalize you for taking leave

✅ But they are not obligated to pay you unless you use accrued leave or have access to short-term disability.

Ways to Get Paid During Mat Leave in Texas

There is no universal paid mat leave in Texas—but here’s how employees can still receive income during their time away:

✅ 1. Use Accrued Paid Time Off (PTO)

Many employers allow or require you to use vacation or sick time during FMLA leave.

✅ 2. Apply for Short-Term Disability Insurance

Some employers offer this benefit to cover 6–8 weeks of recovery after birth. It typically pays 60–70% of your wages.

✅ 3. Take Advantage of Employer Paid Parental Leave

Some companies voluntarily offer 2–16 weeks of full or partial paid leave. This is more common in tech, finance, and government jobs.

✅ 4. Use State-Sponsored Disability (Not Available in Texas)

While states like California, New York, and New Jersey offer paid family leave, Texas does not have a similar program.

Using Short-Term Disability for Paid Mat Leave

Short-term disability (STD) insurance is one of the most common ways to receive paid mat leave in Texas.

Key Points:

• Must be purchased in advance or offered through employer

• Requires a medical certification from your doctor

• Typically covers 6 weeks for vaginal delivery, 8 weeks for C-section

• Pays a percentage of your regular wages (usually 60–70%)

• May involve a waiting period (often 7 days)

Ask HR if you’re covered or consider purchasing a private STD policy before pregnancy.

Can You Use PTO or Sick Time for Mat Leave?

Yes. You can typically use:

• Paid sick leave

• Vacation or personal days

• Banked PTO

• Company holiday time (if approved)

Some employers require you to use PTO before unpaid leave begins. Others let you save it for post-leave recovery.

📌 Ask for a written copy of your company’s leave policy and keep detailed records of leave used.

Private Employer Paid Mat Leave Policies

Many private companies in Texas now offer paid mat leave, including:

• Large law firms

• Tech companies

• Hospitals and healthcare networks

• Energy and oil & gas companies

• Public school systems and universities

Policies range from:

• 2 to 16 weeks paid leave

• Full pay or partial pay

• Restrictions on eligibility (e.g., after 6–12 months of employment)

Employers that offer paid mat leave must follow their own written policies. If they deny benefits or terminate you, they could be liable for contract violations or discrimination.

What If Your Employer Denies Leave or Retaliates?

If your employer:

• Fires you or demotes you for taking mat leave

• Refuses to approve eligible FMLA leave

• Cuts your hours or harasses you for requesting leave

• Treats you differently due to pregnancy or childbirth

…you may have a legal claim under:

• FMLA (federal leave rights)

• Title VII of the Civil Rights Act

• Pregnancy Discrimination Act (PDA)

• Texas Labor Code Chapter 21

📞 Contact The Lange Firm to protect your rights, file complaints, and pursue damages if necessary.

Your Rights Under Federal and Texas Law

Even without paid mat leave, you have the right to:

• Take unpaid leave to care for your new child

• Be free from discrimination due to pregnancy or childbirth

• Return to your same or similar position after leave

• Request reasonable accommodations related to pregnancy

• File a complaint or lawsuit if your rights are violated

Let The Lange Firm help you stand up for your family and your future.

How The Lange Firm Can Help

At The Lange Firm, we support employees facing leave issues before, during, and after childbirth. We help:

• Evaluate your employer’s mat leave policy

• File FMLA requests properly and timely

• Negotiate additional paid leave or accommodations

• Pursue discrimination or retaliation claims

• Secure your reinstatement or severance, if terminated

We serve parents across Sugar Land, Houston, and all of Texas, offering compassionate, professional legal support during a vulnerable time.

📞 Schedule a consultation today to secure your rights during mat leave.

Final Thoughts

So, what’s the real story on paid mat leave in Texas?

✅ There’s no state or federal guarantee of paid leave—but many employees can combine FMLA, short-term disability, PTO, and employer benefits to receive compensation during time away.

Don’t leave your paycheck or job security to chance. At The Lange Firm, we help working parents navigate the complex rules of mat leave and workplace protections with confidence.