Texas PTO Laws: What You Need To Know

Key Takeaways

• Texas PTO laws are regulations that establish the framework for how the employers in the state offer and manage paid time off. See the state-specific rules for sick leave, military leave, and others.
• Compliance requires knowledge of and adherence to several PTO laws in Texas. Review some of the critical points of the new law regarding the payment, accrual, and other features of vacation days.

Understand PTO Laws In Texas In 2024

Texas PTO laws and regulations govern how employers handle paid time off. Like other states, Texas follows federal laws, some state-specific rules, and paid leave, such as paid sick or family leave. However, Texas has fewer regulations around paid time off (PTO) than other states.

PTO laws in Texas govern how employers handle paid time off

Complying with and comprehending the many PTO laws in Texas is necessary for compliance. Employers must also communicate the business’s policy regarding various types of leaves with their employees. Doing so helps preserve a professional work environment and reduce legal issues.

Texas PTO Laws 2024

1. Sick Leave

No state laws in Texas specifically require paid or unpaid sick leave. Most employers follow the federal Family and Medical Leave Act (FMLA), which specifies how workers may use sick leave. Employers must abide by corporate regulations if they consent to provide sick leave.

Under the FMLA, eligible workers can take up to 12 weeks of leave for maternity or paternity leave, personal medical reasons, or to care for a close relative who is ill (child, spouse, or parent).  

2. Maternity, Paternity, FMLA

The Family and Medical Leave Act (FMLA) is a federal law that governs eligible employers in Texas. It lays out specific guidelines that all employers must abide by.

Employers with 50 or more workers within a 75-mile radius must adhere to FMLA regulations. The FMLA offers qualified employees up to 12 weeks of unpaid leave yearly for particular family and medical requirements. A worker must have worked 1,250 hours the year before to be eligible.

3. Jury Duty Leave

Jury duty leave under Texas laws

Jury duty leave is an absence from work to serve as a court jurist. Serving on a jury is a fundamental civic duty for all Americans. 

Federal law requires employers in Texas, as it does in every other state, to provide their workers with unpaid time off so they can fulfill their civil jury duty. Employers cannot terminate, punish, or penalize workers for carrying out their civic obligation by serving on juries.

4. Bereavement Leave

A leave of absence from work resulting from the death of a loved one is known as bereavement leave. Texas has no state rules mandating employers to offer their employees paid or unpaid bereavement leave. Every employer’s policy on bereavement leave is up to them.

That said, practically every American company offers workers paid bereavement leave for grieving family members. Employees are often entitled to up to 3 days off in a row in the event of the death of a first-degree relative (such as a spouse, parent, or child). 

5. Military Leave

Military leave is an absence from work due to military service. Texas has no state laws. Instead, it is governed by the Uniformed Services Employment and Reemployment Rights Act (USERRA), which controls employee military leave in Texas.

Individuals who serve in the United States military, including the National Guard and Reserves, are granted certain employment rights under USERRA. These rights comprise an unpaid leave of 5 years from employment and a 24-month healthcare plan during their absence.

The USERRA regulates military leave in Texas

6. Voting Leave

Leave from employment for voting is referred to as voting leave. Suppose an employer wants employees to vote in a municipal, county, state, federal primary, or general election. In that case, they must provide a fair amount of time during polling hours.

Employees get paid for these leave hours. Regulations specify no time restriction. Workers don’t need to give their employers early notice while taking time off for voting.

If workers cannot cast votes outside of regular business hours, employers in Texas are required to grant them at least 2 hours of paid time off.

7. Holiday Leave

A private employer in Texas doesn’t need to offer paid or unpaid leave for holidays. But, most employers provide at least a few paid holidays. Suppose they choose to grant vacation time off. Then, they must abide by the guidelines specified in their established policy or employment agreement.  

Texas has more leave laws than any other state in the US and officially recognizes the most holidays. Take a look at the following list:

Holidays	Date in 2024	General Date
New Year’s Day 2024	Monday, Jan. 1	January 1
Martin Luther King, Jr.	Monday, Jan. 15	3rd Monday in January
Confederate Heroes’ Day	Friday, January 19	January 19
Presidents’ Day	Monday, February 19	3rd Monday in February
Texas Independence Day	Saturday, March 2	March 2
Cesar Chavez Day	Sunday, March 31	March 31
San Jacinto Day	Sunday, April 21	April 21
Memorial Day	Monday, May 27	Last Monday in May
Emancipation Day	Wednesday, June 19	June 19
Independence Day	Thursday, July 4	July 4
Lyndon B. Johnson Day	Tuesday, August 27	August 27
Labor Day	Monday, September 2	1st Monday in September
Veterans Day	Monday, November 11	November 11
Thanksgiving Day	Thursday, November 28	4th Thursday of November
Thanksgiving Friday	Friday, November 29	Day after Thanksgiving
Christmas Eve	Tuesday, Dec. 24	December 24
Christmas Day	Wednesday, Dec. 25	December 25
Day After Christmas	Thursday, Dec. 26	December 26

How Do PTO Laws Work for Salaried Employees in Texas?

Texas does not mandate businesses to give paid time off. Thus, PTO for salaried employees is determined by private agreements between the employer and employee rather than by state law. Employers must adhere to their regulations, though, if they provide PTO. 

Even if no PTO is left, employers cannot deduct exempt salaried employees’ entire salary in exchange for partial days off. Employers may subtract full-day absences from PTO balances, but partial days cannot. Employees can withhold their pay for full-day absences if their PTO runs out without compromising their exempt status.

Texas does not mandate businesses to provide PTO

Do Texas Employers Have to Grant Every Vacation Request Made by Their Employees?

Employers in Texas may adopt the Use-It-or-Lose-It policy. It is an employer’s policy that prohibits employees from cashing out or carrying over their PTO after a specific period. 

As such, employers are free to accept or reject employer vacation requests. They can review each request and decide whether to approve it based on the request’s timing, the employee’s job obligations, etc.

Adhering to the vacation request approval procedure prevents accusations of favoritism or discrimination.

If Employees Take More Vacation Time Than They Have Accrued, May Their Employer Deduct It From Their Paycheck?

Vacation time is considered advance pay. Hence, employers can deduct that amount from an employee’s paycheck for exceeding vacation time limits. 

The employment agreement and the business rules will also influence the decision. Employers who permit the progressive accrual of paid time off frequently encounter this problem.

But, under Texas PTO payout laws, it is usually illegal for employers to deduct money from an employee’s paycheck to bring it below the minimum wage.

Under Texas PTO Laws, Does the Sick Leave Carry Over From One Year to the Next?

Employees can roll over their sick leave from one year to the next year under Texas PTO laws. 

Suppose an employer gives their employees sick leave as they accrue, for instance, one hour for every 30 hours worked. Then, they must carry over the unused sick leave from one year into the following year.

Yet, suppose an employer front loads the leave, meaning each employee receives 64 hours. In that case, the employer has the right to demand that the employee take the leave during that year. 

Can an Employer in Texas Require Employees to Use Their Paid Vacation Time on Particular Days?

Employers can require employees to use their paid time off on specific days.

Employers can mandate that employees use their paid time off on certain days or times in Texas. Yet, the employer must abide by any agreements on paid time off in the collective bargaining agreement or the employment contract.

The business’s vacation policies should specify whether or not employees must use their paid vacation time. The employer should also inform the employees about these policies through written policies or handbooks.

What Happens to Unused PTO in Texas?

Unused PTO is handled according to the employer’s policy. It is because no state law in Texas requires payment of unused PTO upon resignation or termination.  

Employers must follow any policies that provide that unused paid time off will be reimbursed. Nonetheless, the employer is not required to provide compensation if the policy indicates unused paid time off is forfeited or not compensated upon termination.

Thus, employees must check their employer’s PTO policy to understand how businesses handle unused time.

How Can International Companies Guarantee Texas PTO Law Compliance?

Global businesses may use ERA’s Employer of Record (EOR) services to ensure compliance with Texas PTO laws. In over 100+ countries, ERA manages intricate HR tasks to ensure businesses follow the local regulations.  Texas does not mandate PTO but demands compliance with business policy. ERA ensures that multinational businesses execute PTO policies under Texas labor regulations. Contact our expert team now!