Texas

In Texas, various laws and programs are designed to support pregnant workers and new parents as they navigate the balance between work and family responsibilities. Below is an overview of these protections and resources:

Pregnancy and Work

Protection Against Pregnancy Discrimination

Under the federal Pregnancy Discrimination Act (PDA), employers with 15 or more employees are prohibited from discriminating against workers based on pregnancy, childbirth, or related medical conditions. This means that pregnant employees must be treated the same as other employees with similar abilities or limitations. For instance, if an employer provides accommodations like light-duty work for temporarily disabled employees, similar accommodations should be extended to pregnant employees. Learn More
The Texas Workforce Commission enforces these protections, ensuring that employers do not treat pregnant employees unfairly or compel them to take leave if they can still perform their job duties. Learn More

Workplace Accommodations

The Pregnant Workers Fairness Act (PWFA) requires covered employers to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related medical conditions, unless doing so would impose an undue hardship on the operation of the business. Reasonable accommodations might include modifying work duties, providing ergonomic furniture, or allowing more frequent breaks. Learn More

Workplace Safety for Pregnant Workers

Employers are obligated to maintain a safe working environment for all employees, including those who are pregnant. If a pregnant worker believes her job poses a risk to her health or that of her unborn child, she can request a workplace accommodation. Employers are required to provide reasonable accommodations unless it causes undue hardship.

Taking Time Off Work

Family and Medical Leave Act (FMLA)

Under federal law, eligible employees can take up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons, including childbirth and caring for a newborn. Eligibility requirements include:
Employment with a covered employer (private-sector employers with 50 or more employees, public agencies, and public or private elementary or secondary schools).
Having worked for the employer for at least 12 months.
Accumulated at least 1,250 hours of service during the 12 months prior to the leave. Learn More

Pregnancy Leave

While Texas does not have a state-specific law mandating pregnancy leave, employers covered by FMLA must provide eligible employees with unpaid leave for prenatal care, pregnancy-related incapacity, and childbirth. Additionally, if an employer offers medical or sick leave for other conditions, they must extend the same to pregnancy-related conditions. Learn More

Returning to Work with a Baby

Break Time for Nursing Mothers

The PUMP for Nursing Mothers Act, enacted in 2022, requires employers to provide reasonable break time and a private, non-bathroom space for employees to express breast milk for up to one year after the child's birth. This federal law applies to most employees, including those in Texas. Learn More
For public-sector employees in Texas, a state law enacted in 2015 provides additional protections, requiring public employers to adopt policies supporting the practice of expressing breast milk and to make reasonable accommodations for employees who do so. Learn More

Parental Rights for Sick or Family Leave

If a child or family member has a serious health condition, eligible employees may qualify for unpaid leave under FMLA to provide care.

Workplace Protections for New Parents

Equal Pay: Texas Labor Code ensures that employees are entitled to equal pay for equal work, regardless of gender or parental status.

Employment Termination: Employers are prohibited from terminating or retaliating against employees for taking protected leave (e.g., FMLA) or requesting pregnancy-related accommodations.

Job Protection: FMLA guarantees that employees can return to their same or an equivalent position after taking parental leave.

Support for Parents in Texas

Childcare Assistance

The Texas Workforce Commission offers the Child Care Services (CCS) program, providing financial assistance to eligible families for childcare expenses. This program supports parents who are working, searching for work, or attending school or job training. Learn More

Temporary Assistance for Needy Families (TANF)

TANF provides monthly cash payments to help families with children aged 18 and younger pay for basic needs such as food, clothing, housing, and utilities. Eligibility is based on income and resource limits.

Flexible Work Policies

While not mandated by law, some Texas employers may offer flexible work arrangements, remote work options, or paid parental leave as part of their benefits packages. Employees are encouraged to consult their employer's human resources department to learn about available options.

These laws and programs aim to support pregnant workers and new parents in Texas as they balance work and family responsibilities.