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Work Labor Law For Maternity Leave In Houston
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Houston
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US-002HB
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FAQ
You are entitled to 12 months leave measured from the expected date of your child's birth. If you are adopting, these 12 months are counted from when you will begin to start caring for your child.
The long-awaited Pregnant Workers Fairness Act (PWFA) went into effect Tuesday, June 27, 2023. This exciting new law will increase protections for many pregnant workers who previously may not have been entitled to reasonable accommodations related to their pregnancy under other federal laws.
You have the right to up to 52 weeks' maternity leave if you're having a baby and are legally classed as an employee. You have this right from your first day of starting a job.
All pregnant female employees are entitled to a maternity leave of 26 weeks for their first and second child. Out of these, they can take up to 8 weeks of leave before the delivery of their child. For the third or subsequent pregnancy, expecting mothers are eligible to take maternity leave of 12 weeks.
Pregnancy Leave Under the FMLA It provides 12 weeks of unpaid time off to take care of medical needs, including going to prenatal appointments or required bed rest. The FMLA also requires the continuation of health insurance benefits and reinstatement to an earlier position once the FMLA leave is over.
Employers that have at least 50 employees within a 75-mile radius, whether they are part-time or full-time, for a minimum of 20 weeks in the year need to provide the 12 weeks of maternity or paternity leave. The FMLA leave can start before the child is born, but it cannot last more than 12 weeks.
The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
Federal and Texas laws prohibit pregnancy discrimination. Pregnancy discrimination can include any negative action taken against a job applicant or employee based on her pregnancy.
Unemployment. Because there is no maternity leave in Texas, you might be able to file for unemployment if you are not employed and don't have coverage during the time that you take leave. So you'll have to leave your job because of pregnancy and make your claim for unemployment benefits.
You must tell your employer when you plan to start maternity leave no later than 15 weeks before your baby is due. After your baby is born, by law you must: start your maternity leave (if you have not already) take off at least 2 weeks (4 weeks if you work in a factory) – this is known as 'compulsory maternity leave'