Maternity Leave Laws in Texas

Maternity leave laws will be different in different states and even every company has different rule about this since some companies have both maternity leave and short term disability but some others have no maternity leave so the employees should get the short term disability even when they should leave to give birth. How about the maternity leave laws in Texas? Is this available? The maternity-leave regulations on a federal level are mandated by the Family Medical Leave Act (FMLA) of 1993 and this is the one leading some states to have new regulations related to maternity leave; however, Texas is still questionable.

Unfortunately, even if some states are known that their own supplementary laws for FMLA leave has been created, Texas has no its own state regulations for maternity leave; instead of the maternity leave laws in Texas, there is “Lone Star State” found following federal law. It is known that Texas maternity-leave laws under the FMLA apply to employees working for employers with 50 or more employees in 20 or more workweeks in the current or prior calendar year and the rule is applied to employers in public and private sectors. Schools, state, local and federal agencies are included in the places with this rule and joint employers and successors of covered employers are included.

Maternity Leave Laws in Texas

Maternity Leave Laws in Texas

All public, government and local education agencies are applied to by FMLA no matter how many employees employed there. Related to the maternity leave laws in Texas, when the Texas maternity leave is going to be qualified for by you, you have to work for a covered employer first at least for 12 months and for at least 1,250 hours over the previous 12-month period. You must also work at a worksite within the United States with at least 50 employees employed by your employer within a 75-mile radius and this is a requirement that must be met by you.

During the 12 total months, you do not need to be consecutive when working for your employer because they can fall within a seven year window, but still, the total 1,250 hours in calendar year must be worked preceding the first day of your maternity leave. The maternity leave laws in Texas may be more difficult than other states but at least, you still have an opportunity to give birth successfully without thinking of your works a lot. You will also be entitled by Texas maternity leave to 12 workweeks of job-protected leave under any 12-month period.

There is also a guarantee for you to be restored to your original position along with pay and benefits and other terms and conditions of employment to your original job and it is included in the benefits you can get. The time taken for maternity leave is not allowed to use against you for promotions or bonuses that you were entitled to before your leave since FMLA considers your absence under a “no fault” attendance policy. Even if everything seems hard, you know that it is better like this than there is no maternity leave.

Additionally, the Family Medical leave can be used to take maternity leave and this is included in the maternity leave laws in Texas. This can also be used to take leave for other family-related situations. Whether the laws are advantageous or not, only you can decide.

Article publié pour la première fois le 08/09/2015

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