Texas Leave Laws




Vacation Leave

In Texas, employers are not required to provide employees with vacation benefits, either paid or unpaid. TX Labor Law FAQs. If an employer chooses to provide such benefits, it must comply with the terms of its established policy or employment contract. TX Labor Code 61.001(7)(B); TX Admin. Code 821.25(a).

An employer may lawfully establish a policy or enter into a contract denying employees payment for accrued vacation leave upon separation from employment. TX Admin. Code 821.25(a); See Instate Hosts, Inc. v. Thompson, 435 S.W.2d 957 (TX App.-Dallas 1968).



An employer may also lawfully establish a policy or enter into a contract disqualifying employees from payment of accrued vacation upon separation from employment if they fail to comply with specific requirements, such as giving two weeks notice or being employed as of a specific date of the year. See TX Labor Law FAQs.

An employer is required to pay accrued vacation to an employee upon separation from employment if its policy or contract requires it. See Instate Hosts, Inc. v. Thompson, 435 S.W.2d 957 (TX App.-Dallas 1968); Chester v. Jones, 386 S.W.2d 544 (TX App.-Tyler 1965).

An employer is not required to pay accrued vacation leave upon separation from employment if the employer’s established policy or employment contract is silent on the matter, unless the employer has an established practice of doing so. TX Admin. Code 821.25(a); See Instate Hosts, Inc. v. Thompson, 435 S.W.2d 957 (TX App.-Dallas 1968).

An employer may cap the amount of vacation leave an employee may accrue over time. See TX Labor Law FAQs.

An employer may implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it. See TX Labor Law FAQs.



Sick Leave

Texas law does not require employers to provide employees with sick leave benefits, either paid or unpaid. TX Labor Law FAQs. If an employer chooses to provide sick leave benefits, it must comply with the terms of its established policy or employment contract.

An employer in Texas may be required to provide an employee unpaid sick leave in accordance with the Family and Medical Leave Act or other federal laws.



Holiday Leave

Texas law does not require private employers to provide employees with either paid or unpaid holiday leave. TX Labor Law FAQs In Texas, a private employer can require an employee to work holidays. A private employer does not have to pay an employee premium pay, such as 1½ times the regular rate, for working on holidays, unless such time worked qualifies the employee for overtime under standard overtime laws. If an employer chooses to provide either paid or unpaid holiday leave, it must comply with the terms of its established policy or employment contract.

State holidays

Visit our Texas State Holidays page for a list of holidays recognized and observed by the state of Texas as well as information regarding state laws governing holiday leave for public employers and employees.



Jury Duty Leave

An employer may not discharge a permanent employee because the employee serves as a juror. However, an employer is not required to pay an employee for time spent responding to a jury summons or serving on a jury. Texas Civil Practice and Remedies Code 122.001



Voting Leave

Texas law requires an employer to provide an employee with paid time off to vote if the employee does not have two (2) consecutive hours outside their scheduled work hours in which to vote while polls are open.

An employer that fails to provide the paid voting leave to an employee as required commits a Class C misdemeanor.

TX Election Code 276.004



Bereavement Leave

Texas law does not require employers to provide employee bereavement leave. Bereavement leave is leave that is taken by an employee due to the death of another individual, usually a close relative. Employer may choose to provide bereavement leave and may be required to comply with any bereavement policy or practice it maintains.