FMLA - Texas

Voluntary paid family leave insurance

Effective 1/1/24, employers may purchase an insurance policy that provides employees with paid family leave.

A family leave insurance policy is considered a type of disability income insurance.

Leave entitlement

Per policy, but employees may take at least two weeks of paid leave during a 52-week period.

The policy must specify whether there is an unpaid waiting period, and any details regarding the waiting period.

The policy must specify:

• The amount of benefits that will be paid for covered family leave reasons;
• The definition of wages or other income on which the amount of family leave benefits is based; and
• The method for calculating those wages or other income.

A group family leave insurance policy may calculate the 52 consecutive calendar weeks by any of the following methods:

• A calendar year;
• A fixed period starting on a particular date, including an effective or anniversary date;
• The period measured forward from the insured's first day of family leave;
• A rolling period measured from the insured's first day of family leave; or
• Any other method that is specified in the policy.

Whether the leave may be taken intermittently or on a reduced schedule is defined by policy.

If the employee meets the eligibility criteria for both and the reason qualifies for both, they may run concurrently.

Qualifying Reasons

Employees may take the paid family leave for the following reasons:

• To provide care, including physical psychological care, for a family member of the insured made necessary by a serious health condition of the family member;
• To bond with the insured's child during the first 12 months after the child's birth, or the first 12 months after the placement of the child for adoption or foster care with the insured;
• To address a qualifying exigency, as interpreted under the federal FMLA arising from the fact that the spouse, dependent, or parent of the insured is on active duty or has been notified of an impending call or order to active duty in the armed forces of the U.S., including the National Guard and armed forces reserves;
• To care for a family member who is injured in the line of duty; or
• To provide care for a family member or other family leave as specified in the policy.

Family members include a dependent, spouse, or parent or any other person defined as a family member in the family leave insurance policy.

Reinstatement

Reinstatement is not addressed in the law, but a policy might include it. Otherwise, it is an income replacement policy.

Notices and forms are defined by policy.

State employee paid parental leave

Effective 9/1/2023, state employees who are members of the Employees Retirement System of Texas or are employed by a board, commission, department, or other agency in the executive branch of state government created by the constitution or a statute of this state, except for an institution of higher education may take the leave.

Employees may take up to 40 days of paid leave for the birth of a child.

Employees may take up to 20 days of paid leave for the:

• Birth of a child by the employee's spouse;
• Birth of a child by a gestational surrogate; or
• Adoption of a child.

The law does not provide for job protection.

Leave under this state law can run concurrently with federal FMLA if the employer is covered by both, the employee meets the eligibility criteria for both, and the reason qualifies for both.

Notices and forms are defined by policy,

Peace Officer mental health leave

Effective September 1, 2021, the TX police officer mental health leave law requires law enforcement agencies to develop and adopt a policy allowing the use of mental health leave by the peace officers employed by the agency who experience a traumatic event in the scope of that employment.

The policy must:

• Have guidelines establishing the circumstances under which peace officers are granted and may use mental health leave;
• Entitle peace officers to paid mental health leave;
• Identify how many mental health leave days are available to peace officers; and
• Detail the level of anonymity for a peace officer who takes mental health leave.

The term “law enforcement agency” means an agency of the state or an agency of a political subdivision of the state authorized by law to employ peace officers.

The term “Peace officer” means an individual elected, appointed, or employed to serve as a peace officer for a governmental entity under Article 2.12, Code of Criminal Procedure, or other law.