Texas Work & Family Policies

Learn what kind of policies are required by law based on the characteristics of your business.

Public & Private Employers with 50+ Employees within a 75-Mile Radius

The Family and Medical Leave Act (FMLA) is a law that affords individuals up to 12 weeks of leave. Employers who fall under the FMLA must provide leave to eligible and qualifying employees. 

• Family and Medical Leave Act Employer Guide | U.S. Department of Labor (dol.gov)

The Pregnancy Discrimination Act

• The Pregnancy Discrimination of 1978 | U.S. Equal Employment Opportunity Commission (eeoc.gov)

The Americans with Disabilities Act is relevant to parents who suffer a disability, temporary or permanent, resulting from pregnancy or birth of a child.

• Pregnancy Discrimination and Pregnancy-Related Disability Discrimination | U.S. Equal Employment Opportunity Commission (eeoc.gov)

The Providing Urgent Maternal Protections (PUMP) Act

• FLSA Protections to Pump at Work | U.S. Department of Labor (dol.gov)

Private Employers with 15+ Employees 

The Pregnancy Discrimination Act

• The Pregnancy Discrimination Act of 1978  |  U.S. Equal Employment Opportunity Commission (eeoc.gov)

The Americans with Disabilities Act is relevant to parents who suffer a disability, temporary or permanent, resulting from pregnancy or birth of a child. 

• Pregnancy Discrimination and Pregnancy-Related Disability Discrimination  |  U.S. Equal Employment Opportunity Commission (eeoc.gov)

The Providing Urgent Maternal Protections (PUMP) Act

• FLSA Protections to Pump at Work  |  U.S. Department of Labor (dol.gov)

Private Employers with Less Than 15 Employees

There are currently no state or federal laws in place requiring granting family leave, paid or unpaid. 

Governmental Employers

The Family and Medical Leave Act (FMLA) is a law that affords individuals up to 12 weeks of leave. Employers who fall under the FMLA must provide leave to eligible and qualifying employees. 

• Family and Medical Leave Act Employer Guide | U.S. Department of Labor (dol.gov)

The Pregnancy Discrimination Act

• The Pregnancy Discrimination Act of 1978 | U.S. Equal Employment Opportunity Commission (eeoc.gov)

The Americans with Disabilities Act is relevant to parents who suffer a disability, temporary or permanent, resulting from pregnancy or birth of a child. 

• Pregnancy Discrimination and Pregnancy-Related Disability Discrimination | U.S. Equal Employment Opportunity Commission (eeoc.gov)

The Providing Urgent Maternal Protections (PUMP) Act

• FLSA Protections to Pump at Work | U.S. Department of Labor (dol.gov)

Government Code Chapter 66. Leave

• GOVERNMENT CODE CHAPTER 661.LEAVE (texas.gov)

              • Family Leave Pool (Subchapter A-1, beginning at Section 661.021)
              • Paid Parental Leave for Certain Employees (Sec. 661.9125)

Explore policies that support work-life balance and employee well-being. These policies can improve morale, reduce turnover, and boost productivity.

Flexible Work Arrangements

Employers can support work-life balance by offering flexible arrangements that support employees’ personal needs, such as:

• Flexible Hours: Employees can adjust their schedules to work outside their regular workday hours. This helps families better plan child care school pick-ups and drop-offs, and other responsibilities.
• Remote work: When employees work from home or outside the office, they spend less time traveling to and from work. This gives them more time to spend with their families. Remote work can be especially helpful when parents have unexpected family needs. 

Paid Time Off

With paid leave, employees can take time off for different reasons, like holidays, vacation, sick leave, and personal days. Employers can structure these policies to fit their business needs. 

• Paid Sick Leave: The federal government does not require private employers to offer paid sick leave, but many companies do it anyway. This helps employees recover when they are sick or taking care of sick family members. 
• Paid Vacation and Personal Days: These options give employees time off to rest, travel, or take care of personal things. Vacation days are usually earned over time. Personal days are often given at the start of the year to use for unexpected needs or appointments. 
• Paid Holidays: Employers often choose to pay employees for holidays, allowing them to celebrate without a loss of income. Some businesses offer floating holidays to accommodate cultural or religious observances. 
• Parental Leave: To help new parents before and after pregnancy, employers can offer time off to heal and bond with their new child. 

For guidance on designing these policies, visit:

• U.S. Department of Labor: Paid Leave Information.
• Internal Revenue Service: Section 45S Employer Credit for Paid Family and Medical Leave FAQs.

Lactation Support

Lactation support policies help new parents balance work and breastfeeding, promoting the health and well-being of both parent and child. Returning to work can make breastfeeding more challenging, but providing time and private, clean spaces for nursing or pumping supports successful breastfeeding. These policies are required for most employers, but not for those with fewer than 15 employees.

To help develop a lactation support policy, explore the following resources:

• Texas Department of State Health Services: Develop Your Lactation Support Policy.
• U.S. Department of Health and Human Services' Office of Women's Health.

Employer-Sponsored Health Coverage

Providing health, dental, and vision coverage—either partially or fully—can significantly benefit your employees and their families. When choosing a coverage option, think about the cost for you and your employees, the services covered, and the needs of your employees. The Affordable Care Act (ACA) has an employer mandate that directs applicable large employers (ALEs) to make affordable health care options available to full-time employees (FTEs) and their dependents. ALEs who do not adhere to the mandate can face penalties for non-compliance. Below are options you may consider: 

• Group Health Insurance Plan: Employers can help cover premium costs, making health coverage more affordable for families.
  • Telehealth and Teladoc: Many employer-sponsored health plans include coverage for telehealth and teladoc services when they need care. Telehealth encompasses a large array of remote health care services offered to employees through their insurance plans. Teladoc is also an option that many employer-sponsored plans cover, and it is intended to address general, minor medical issues such as allergies, colds, and mental health services.
  • Small Business Health Options Program (SHOP): Eligible employers with 50 or fewer employees may qualify for the Small Business Health Care Tax Credit, which covers up to 50% of premiums. Visit the SHOP website for more information and additional guidelines.
• Flexible Spending Accounts (FSAs): These accounts allow employees to set aside pre-tax dollars for health care expenses not covered by insurance. These accounts help families save on common medical expenses. To learn more about FSAs, visit the HealthCare.gov FSA Overview
• Health Savings Account (HSAs): When paired with high-deductible health plans (HDHPs), HSAs allow people to save on health care costs for themselves, their spouse, or their dependents. To learn more about HSAs, see the CMS Health Savings Account Fact Sheet.
• Health Reimbursement Arrangements (HRAs): As an alternative to traditional group health insurance plans, HRAs allow employers to reimburse employees for medical expenses, including health insurance premiums. These tax-free, flexible plans allow employers to support employees by covering out-of-pocket costs. For more information about how HRAs work and the benefits they provide, visit the HealthCare.gov: HRA Overview.
• Vision and Dental Plans: Plans that include vision and dental coverage support families by addressing important health needs often excluded from standard plans. 

Tax Credits

Taking advantage of tax credits can help reduce the costs of child care expenses for employers and employees. Available tax credits include:

• Employer-Provided Child Care Credit: An employer or company that pays to contract with a licensed child care program (including home-based providers) or that builds or acquires and then operate an in-house child care center may qualify for this tax credit. Employers can claim a 25% credit for these expenses and an additional 10% for costs from contracting with a third-party referral service. The tax credit is limited to $150,000 for any taxable year. Employers must complete Form 8882 to receive the credit. 
• Child and Dependent Care Credit (CDCTC): Employers can encourage their employees to apply for the CDCTC, which helps parents and families pay for child care. To claim the credit, employees need to fill out Form 2441. For more information about the CDCTC, please visit the IRS website.
• Dependent Care FSAs (DCFSAs): These pre-tax accounts help families manage the cost of child care and other eligible dependent care services. For more information, see Dependent Care FSA Fact Sheet from Best Place for Working Parents ®.

For additional information on tax credits, please see the following resources:

• The U.S. Chamber of Commerce Employer Guide to Childcare Assistance and Tax Credits outlines four strategies for helping employees access child care, with details on tax credits and FSAs.
• Stay up to date on Key Changes to the U.S. Tax Code that Support Child Care from the U.S. Chamber of Commerce. 
• The IRS Employer-Provided Childcare Credit webpage offers information on employer eligibility for tax credits.