Texas Labor Laws: Wages, Breaks and Overtime (2026)

No state requirement: Texas does not mandate paid or unpaid sick leave. Employers are free to decide whether or not to offer sick leave, but if they do, they must follow their own policy as outlined in employee handbooks or contracts.

Texas follows the federal Family and Medical Leave Act (FMLA), which applies to employers with 50 or more employees.

The law entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave within a 12-month period for specific family and medical reasons.

The law ensures that employees can take time off for their own or their family’s health-related needs without risking their job security.

Eligible employees can use FMLA leave for:

• Their own serious health condition that prevents them from working.
• Caring for an immediate family member (spouse, child, or parent) with a serious health condition.
• The birth and care of a newborn child, or placement of a child for adoption or foster care.
• Military family leave, such as handling exigencies arising from a family member’s active duty or caring for a service member with a serious injury or illness.

Under FMLA, employers are required to maintain the employee’s health insurance coverage during the leave, just as if they were still working.

Once the leave is over, employees are entitled to return to their same position or an equivalent one with the same pay, benefits, and working conditions.

No state requirement: Texas does not require employers to provide bereavement leave for employees after the death of a family member. Employers may choose to offer this leave voluntarily as part of their benefits package.

Parental leave is available under the federal FMLA, allowing eligible employees to take up to 12 weeks of unpaid leave for the birth, adoption, or foster care of a child. Texas does not have additional parental leave laws.

No state requirement: Employers in Texas are not required to provide paid or unpaid holiday leave. Whether employees receive holiday time off, including federal holidays, is left to the employer’s discretion.

No state requirement: Texas law does not obligate employers to provide vacation leave, paid or unpaid. However, employers that offer vacation time must honor their established policies and pay out unused vacation upon termination if their policy specifies it.

No specific state law: Texas does not have laws mandating emergency leave. Employers may offer emergency leave for unforeseen circumstances, such as natural disasters, but this is generally up to the employer.

Under federal law, specifically the Uniformed Services Employment and Reemployment Rights Act (USERRA), Texas employees who serve in the military are entitled to unpaid leave when they are called to active duty or training.

Employers must allow employees to return to their jobs once their military service is completed, with the same seniority, status, and pay they would have received if they had not left for military service. This ensures that employees who serve in the military are protected from losing their employment due to their service obligations.

The law applies to all public and private employers and covers both voluntary and involuntary military service.

While the leave is unpaid, some employers may choose to offer paid military leave or allow employees to use accrued paid time off (PTO) during their absence.

Employees are responsible for notifying their employers about their military commitments in a timely manner.

No state requirement: Texas does not have specific laws requiring employers to provide leave for volunteering. Whether or not employees can take time off for volunteer work depends on employer policies.

No state requirement: There are no Texas-specific laws mandating administrative leave, which is typically leave granted for reasons such as investigations or non-disciplinary issues. This is usually at the employer’s discretion.

Texas law ensures that employees have time to vote if they don’t have at least two consecutive hours outside of their work schedule to do so.

Employers must provide enough time off to allow the employee to cast their vote.

The time off must be paid, which means that employees should not lose any wages for taking time off to fulfill their civic duty. This helps employees participate in elections without concern for their work schedules.

Employers are prohibited from retaliating or penalizing employees who take time off to vote. However, if an employee already has two consecutive hours outside of their regular work hours in which to vote, the employer is not required to provide additional time off.

Employers also retain the right to specify when the voting leave is taken, as long as the employee has sufficient time to vote.

Texas law requires that employers allow employees unpaid time off to serve on a jury when summoned.

Although there is no requirement for employers to provide paid leave for jury duty, the law protects employees from being terminated or retaliated against for serving.

This means employees are free to fulfill their civic duty without worrying about losing their jobs or facing penalties from their employer.

Employers must allow the employee to return to their job once their jury duty is completed. Some employers, as part of their internal policies, may offer paid leave for jury duty, but this is not required by law.

Employees should inform their employer as soon as they receive a jury summons so that both parties can plan accordingly for the employee’s absence.

No specific state law: Texas does not have state laws mandating leave for organ or bone marrow donation. Any leave provided for this purpose would depend on an employer’s policies or applicable federal laws, such as the FMLA for serious health conditions.

No state requirement: Texas law does not require employers to provide leave for blood donation. Whether or not employees are granted time off to donate blood is left to the employer’s discretion.

No state requirement: Texas employers are not legally required to provide leave for employees who serve as witnesses in court, unless they are subpoenaed. In such cases, while the law requires employers to allow time off, it does not mandate that this leave be paid.

No local minimum wage: Texas prohibits cities and counties from setting their minimum wages. This means that the federal minimum wage of $7.25 per hour applies uniformly across the state.

• There are no local variations or exceptions for higher minimum wage rates, unlike in some other states like California or New York.
• Some employers and industries may voluntarily offer higher wages based on collective bargaining agreements or company policies.

• Tipped Employees: Paid $2.13 per hour, provided tips bring total earnings to at least $7.25 per hour​.
• Youth Wage: Workers under 20 can earn $4.25 per hour for the first 90 days​.
• Workers with Disabilities: Can be paid less based on productivity under special FLSA certificates​.

• Executive, Administrative, and Professional (EAP) Employees who meet specific salary and job duties criteria.
• Outside Sales Employees, who primarily work away from the employer’s business premises and meet specific job duties.
• Certain Seasonal and Recreational Employees, like workers in amusement parks or seasonal establishments, are also exempt from minimum wage requirements​.

Texas follows the at-will employment doctrine, meaning that employers or employees can terminate the working relationship at any time, for any lawful reason, or for no reason at all, without prior notice.

Employers have broad authority to hire, promote, or fire employees as long as their decisions don’t violate anti-discrimination laws or breach any existing contracts.

Similarly, employees can leave their job without providing notice or reason, unless bound by an employment contract that states otherwise.

Texas is a right-to-work state, which means that employees cannot be required to join or pay dues to a labor union as a condition of employment.

This law protects workers from being forced into union participation and ensures that individuals are free to work in unionized environments without being pressured to join or financially support the union.

Employers cannot deny employment based on a worker’s decision to join or refrain from joining a union, protecting both union and non-union workers alike.

Texas employers can run background checks under the federal Fair Credit Reporting Act. Written consent from the applicant is required. Texas has no state drug testing law for private employers. Consistent, non-discriminatory drug testing policies are permitted.

There is no “Ban the Box” law in Texas. HB 2466 (89th Legislature, 2025) died in committee. Texas employers may inquire about criminal history at any stage of the hiring process, subject only to federal FCRA and Title VII disparate impact guidance.

Texas adheres to both federal and state laws ensuring Equal Employment Opportunity (EEO), which prohibits discrimination based on race, color, national origin, sex, religion, disability, age (40 or older), or genetic information during hiring, promotion, or firing processes.

In addition to federal EEO laws, Texas provides protections under the Texas Labor Code, which further prohibits workplace discrimination.

Employers are required to treat all job applicants and employees fairly in hiring, termination, and promotion decisions, ensuring that no employment action is based on an individual’s membership in a protected class.