Congratulations! You are going to have a baby! At Kilgore & Kilgore, we could not be happier for you. It’s now a good idea to familiarize yourself with the parental leave rights available to you such as paid (or unpaid) parental leave, pregnancy accommodations in your workplace, and which Texas leave laws apply to your employer.
Did you tell the folks at work yet? What was their reaction? Did they give you genuine, positive feedback? Were they happy for you? If not, read on and prepare yourself with knowledge of Texas leave laws and the Texas Labor Code. These will help you understand the family leave policy of your employer and any leave entitlement that you may claim.
The hard truth is that neither federal nor Texas state law requires private employers to provide paid time off for new parents. Some employers offer it anyway. Notwithstanding, many workers are justifiably hesitant to ask about their options for fear of reprisal. Raising a baby from birth to age 17 in Texas is expensive. It cost as much as $300,000 in 2022, according to CBS News. For more than half of Texas families, it takes two incomes to raise a family.
Caring for Your Growing Family When You Have a Job
The good news is that both Texas and federal laws provide employment discrimination remedies for employees who are pregnant, temporarily disabled, or need time off to take care of family responsibilities. If you experience workplace discrimination, we can develop a strategy for you, because there are actions you can take to protect yourself from pregnancy discrimination or retaliation for taking leave under the family medical leave act.
Our Texas Employment Law Attorneys Can Help You Protect Your Family
We understand workplace discrimination in all its iterations. Our experienced employment law attorneys ensure that your rights and your family are protected. For an overview of our workplace discrimination practice, click Employment Retaliation. If you want to have a further conversation about your situation, you can call us (214) 969-9099.
Parental Leave in Texas: State and Local Governments Provide Paid Parental Leave
The State of Texas is among the largest employers in the state. Texas provides paid parental leave to workers at Texas state agencies and those in the executive and legislative branches of government. Effective September 2023, mothers may take up to eight weeks of paid leave, and fathers may take up to four weeks. Under the Texas Government Code, eligible employees of the Texas court system may take up to 40 days of paid leave for mothers and 20 days for fathers. Several city and county governments also provide for paid leave.
The Federal Government Provides Paid Parental Leave
The federal government employed roughly 116,000 Texans in 2022-2023. Most federal employees are covered by the Federal Employee Paid Leave Act of 2019 (FEPLA). In general, only those workers who have at least 12 months of service are eligible for paid leave. Eligible covered workers – both moms and dads – are entitled to up to 12 weeks of paid leave beginning after the birth or placement (for adoption or foster care) of a child. The leave may be taken in combination with job-protected unpaid leave under the Family Medical and Leave Act (FMLA).
Private Employers
Private sector leave policies present a more difficult situation. For those employees who have the opportunity to negotiate salary and benefits agreements, paid parental leave may be an issue to keep in mind. At Kilgore & Kilgore, we have worked with many executives to craft a package that works for both the employee and the employer. This is one of our major practice areas.
For everyone else, however, paid parental leave is largely a matter of employer policy. If you are thinking about the challenges of balancing work and family, a little research may pay off. Unlike Texas, at least 13 other states require some form of paid maternity or paternity leave. The same is true of other countries. According to the Pew Research Center’s 2019 survey, the U.S. was alone among 41 countries in providing no paid parental leave.
We are not suggesting that you move, but it may be worth looking at multistate or international businesses that must comply with the law of other jurisdictions in addition to Texas law. In some situations, it may also be possible to review a potential employer’s benefits policies in anticipation of a job offer. But even without paid parental leave, parents have important legal protection.
Family and Medical Leave Act (FMLA)
The FMLA provides job-protected leave for certain family and medical reasons. It applies to private-sector employers who employ 50 or more employees in 20 or more workweeks in either the current calendar year or previous calendar year. To be eligible, a worker must:
- work for a covered employer for at least 12 months;
- have at least 1,250 hours of service with the employer during the 12 months before their FMLA benefits start; and
- work at a location where the employer has at least 50 employees within 75 miles.
Eligible workers of covered employers may take up to 12 work weeks of leave in a 12-month period for:
- the birth of a child and to care for a newborn child within one year of birth;
- the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
- to care for the employee’s spouse, child, or parent who has a serious health condition; or
- a serious health condition that makes the employee unable to perform the essential functions of his or her job.
Workplace Discrimination, Harassment, and Retaliation
Sadly, it happens, although anecdotal evidence suggests it is more common for women than men in the workplace. Consequently, many of the recent legal developments in workplace discrimination law come under the heading of sex-based workplace bias. But the legal principles are gender neutral. This is an area of the law we follow closely.
There are plenty of examples of sex-based workplace bias. Most employees and employers are familiar with stories about a worker who has never had a performance issue, who suddenly receives a negative review from the employer once a pregnancy becomes known. This is a pretext for pregnancy discrimination.
Our Employment Attorneys Help Pregnant Workers and New Mothers
If a female employee suspects that she is being pushed out the door in response to her pregnancy news, she is probably right. But there are things she can do under the law to protect herself. Below are some of the laws that protect parents who are also employees.
Title VII of the Civil Rights Act Protects Working Women
Title VII, as amended by the Pregnancy Workers Fairness Act (collectively Title VII) prohibits discrimination based on:
- current, past, or potential pregnancy;
- a medical condition related to pregnancy such as lactation or breastfeeding;
- having or choosing not to have an abortion; and
- contraception.
Texas Employment Rights – Pregnant Workers Fairness Act Protects Female Employees
This recently added statute requires a covered employer to provide reasonable accommodation for a worker’s known limitation related to pregnancy, childbirth, or related medical conditions, unless the accommodation will cause the employer an undue hardship. Such accommodation might include work that does not involve heavy lifting, allowing more frequent bathroom breaks, parking spots that are close to an entrance, and permitting a worker whose job involves standing to sit. Many of these protections are also incorporated into the Texas Commission on Human Rights Act (TCHRA).
Pregnancy Discrimination Act Protects Against Sex Discrimination
Passed in 1978, this act makes explicit that the term sex discrimination includes pregnancy discrimination. It protects workers from adverse employment decisions including hiring, firing, promotions, and overtime because of pregnancy. Provisions of the Texas Labor Code similarly protect pregnant workers from bias but do not require reasonable accommodation for pregnancy-related medical conditions.
Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP Act)
The PUMP Act provides legal protection to new mothers returning to the workplace. It amends the Fair Labor Standards Act (FLSA) to require that employers provide reasonable break times for workers to express breast milk for a full year after a child’s birth. The PUMP Act does not apply to employers with fewer than 50 employees if certain requirements under the law would cause undue hardship for the employer. Employers must provide a place, other than a bathroom, which is shielded from view and free from intrusion where a working mother can pump breast milk.
Kilgore Employment Lawyers May Be Able to Help Expectant Families With Workplace Issues
Expecting and new parents may have difficulty dealing with workplace cultures that have been slow to adapt to the economic realities of raising children. We know the law and may be able to help. Click here to get the conversation started contact Kilgore & Kilgore.