Texas Maternity Leave Calculator
How much leave do you actually get? See your FMLA, employer STD, and PTO combined for 2026 — Texas has no state programs, so the math depends on what your employer voluntarily provides.
Texas does not mandate any state-level paid family leave or temporary disability insurance. For most pregnant Texas workers, paid leave depends on three things: federal FMLA eligibility (which provides only job protection, not wages), accrued PTO and sick days, and any voluntary benefits your specific employer offers. Approximately 40% of Texas private-sector workers don't even qualify for FMLA because their employer has fewer than 50 employees.
About you · step 1
so far: TX
What state do you work in?
Are you covered?
- Texas has no state PFL or TDI — federal FMLA is the only mandated leave
- FMLA job protection: 12+ months tenure, 1,250+ hours, 50+ employee employer
- Employer-provided short-term disability (if offered) covers medical recovery
- Pregnancy Discrimination Act protects you from being fired at 15+ employee employers
What a typical Texas birthing parent gets
For an employee earning $75,000 per year, vaginal delivery, working 12+ months at a 50+ employee company:
12 weeks total · 0 paid · 12 unpaid · $0 wage replacement
- Unpaid FMLA $0
Texas's programs
- FMLA
- 50+ employee employer + 12 months tenure + 1,250 hours; 12 weeks unpaid leave
- Employer STD
- Voluntary employer benefit — check your benefits handbook
- PDA
- 15+ employee employer; bans pregnancy-related discrimination
- PWFA
- 15+ employee employer; reasonable accommodations during pregnancy
Texas takes the minimum-federal-floor approach to leave law. There is no Texas state Paid Family Leave program, no state Temporary Disability Insurance, no state-mandated pregnancy disability leave, and no state-mandated paid sick leave.
Three Texas cities — Austin, Dallas, and San Antonio — passed local paid sick leave ordinances during 2018-2019, but all three were blocked by court challenges and Texas state law preempts municipalities from creating their own paid leave mandates.
Texas Insurance Code Chapter 1255 (passed in 2023, effective January 2024) authorizes private insurance carriers to offer voluntary paid family leave coverage that employers can purchase, but participation is entirely employer-discretion and most Texas workers do not have access.
Texas state employees are covered separately under Texas Government Code §661.202, which provides 8 hours of sick leave accrual per month — this applies only to state government workers, not private-sector employees.
Eligibility and how to apply
For Texas private-sector employees, paid leave during pregnancy realistically comes from four possible sources.
Federal FMLA provides 12 weeks of unpaid, job-protected leave but only if you've worked 12+ months for your employer, logged 1,250+ hours in the previous year, and your employer has 50+ employees within 75 miles of your worksite. About 40% of Texas private-sector employees do not meet the employer-size requirement.
Employer-provided paid parental leave is voluntary and varies widely; some employers offer it as a competitive benefit, particularly larger companies and those in tech, finance, or professional services.
Employer-provided short-term disability insurance (STD) covers medical recovery — typically 6 weeks for vaginal delivery, 8 weeks for C-section, at 60-70% of salary. STD is voluntary employer-discretion in Texas; many employees don't have it.
Accrued PTO is the most common paid path: many Texans cobble together vacation, sick, and personal days to get partial paid time during the unpaid FMLA window.
Federal Pregnancy Discrimination Act (15+ employee threshold) and Pregnant Workers Fairness Act (2023) prohibit discrimination and require reasonable accommodations, but neither mandates paid leave.
State-specific things worth knowing
If you're in Texas and pregnant, the most actionable thing you can do is talk to HR early about three specific questions:
- FMLA coverage. Is the company covered by federal FMLA, and if so, what's the formal request process?
- STD insurance. Does the company offer STD insurance — and if not, can you purchase a private STD policy before becoming pregnant? Most STD policies require coverage to be in force before conception to cover pregnancy.
- Accrued PTO. What's the accrued PTO balance, and can it be used during the FMLA window?
Some employers also offer "paid parental leave" as a separate, voluntary benefit on top of STD and PTO; this varies enormously by employer and industry.
Texas has no analog to California's PDL or NJ's NJFLA — your job protection comes only from federal FMLA, and only if you qualify.
Frequently asked questions
Does my employer have to pay me during Texas maternity leave?
Texas does not have any state-mandated paid maternity leave. There's no Texas state PFL, no state TDI, and no state pregnancy disability leave. Paid leave for Texas workers depends entirely on: (1) federal FMLA eligibility (which is unpaid but job-protected if you qualify), (2) employer-provided short-term disability (STD) insurance (voluntary), (3) employer-provided paid parental leave (voluntary), and (4) accrued PTO and sick days.
What if my Texas employer doesn't offer paid parental leave?
Many Texas workers cobble together unpaid FMLA leave (12 weeks if you qualify) with whatever PTO/vacation/sick days they've accrued. Some have employer-provided STD that covers 6-8 weeks of medical recovery at 60-70% of pay. Texas state law adds nothing on top. Ask HR specifically about: STD policy, accrued PTO use during FMLA, and any voluntary parental leave benefits that may apply.
Can I get short-term disability for pregnancy in Texas?
Only if your employer offers it (it's voluntary in Texas) OR if you've already purchased a private STD policy that was in force before pregnancy. Most STD policies require coverage to be active before conception to cover pregnancy-related claims. If your employer doesn't offer it and you haven't purchased private coverage before becoming pregnant, you generally won't have STD options for this pregnancy.
What is Texas Insurance Code Chapter 1255?
Effective January 2024, Texas Insurance Code Chapter 1255 authorizes private insurance carriers to offer voluntary paid family leave coverage that employers can purchase. Participation is entirely employer-discretion — most Texas employers do not offer it. This is NOT a state-mandated program; it's an opt-in framework that allows insurance products to exist, not a benefit mandate.
Does my job have to hold my position during Texas maternity leave?
Only if federal FMLA applies — 12+ months tenure, 1,250+ hours in the prior year, and an employer with 50+ employees within 75 miles of your worksite. About 40% of Texas private-sector workers don't qualify because their employer is too small. There is no Texas state job-protection law that fills this gap. If FMLA doesn't apply, your employer can legally terminate you during leave (subject to anti-discrimination protections under federal law).
What happens to my health insurance during Texas maternity leave?
Under federal FMLA, your employer must continue your health insurance on the same terms as if you were working. Without FMLA, employers can require you to pay the full premium during leave or may discontinue coverage entirely. The Pregnancy Discrimination Act provides some protection at 15+ employee employers but doesn't mandate insurance continuation specifically.
Can I use vacation or sick days during my Texas maternity leave?
Generally yes — most employers allow you to use accrued PTO during the unpaid FMLA window or instead of FMLA. Some employers require it; some allow it as optional. The key question to ask HR: does your employer pay out PTO during leave (you get paychecks) or just credit it against unpaid leave time? Policies vary widely.