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Understanding Employee Leave when Starting a Business

Understanding employee leave

If you are starting a business and will be hiring employees, you may find it beneficial to explore what the law says about wages and hours in Texas. This is an important element of starting, growing, or maintaining a business. Read on to learn more about Texas wage and hour laws, and what you need to know about employee leave when starting a business.

Understanding employee leave
Starting a business? Make sure you are familiar with relevant labor and employment laws.

Texas Wage and Hour Laws – Leave

Texas wage and hour laws offer specific guidelines for employers to ensure that their employees are compensated and fairly treated according to the law. Leave is one of the more complex areas of wage and hour law, and is an important consideration for employers.

Texas Leave Laws offer guidance for various forms of leave that may be requested or required by employees. Such leaves may include:

  • Vacation Leave: Employers are not required to provide vacation leave, but when they do so (paid or unpaid) they are required to follow Texas Labor Code 61.001(7)(B), and Texas Admin. Code 821.25(a).
  • Sick Leave: Sick leave benefits are not required by law. When they are provided, however, they must comply with the terms of any employment contract, as well as the terms of the Family and Medical Leave Act.
  • Holiday Leave: Private employers can require employees to work holidays, with or without premium pay. During holiday periods, overtime laws must still be obeyed.  State employees are subject to the Texas State Holidays list of recognizing and observed holidays, and may not be required to work.
  • Jury Duty: Employees called to jury duty must not be terminated from employment due to their responsibility. The employer is not required to compensate the employee for jury duty.
  • Voting Leave: Texas laws require an employer to provide paid time off for all employees to vote if the employee does not have at least two (2) consecutive hours available outside work when polls are open.
  • Bereavement Leave: Texas employers are not required to provide bereavement leave. If they choose to do so, they are required to comply with the terms of any employment contract or bereavement policy the business maintains.

To protect your business, yourself, and your employees, it is important to have well-established policies about leave. You may have policies worked into the formation of your business, or may include such policies into employment contracts.  In either case, it is an important element of Texas wage and hour laws.

To learn more about creating or managing labor and employment policies or contracts, contact Daic Law today.  Call our office at (713) 808-5246 or send us an email at info@daiclaw.com.

Other Resources

Also check out our “Corporate Law” page for more information.


Texas – Leave Laws

Fair Labor Standards Act (FLSA)

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