Texas does not have a traditional paid or unpaid state family and medical leave law (e.g. covering such as medical leaves/pregnancy disability, family care leave, parental leaves, military exigency, and military caregiver leaves).

The state enacted House Bill 1996, in effect as of September 1, 2023. The bill establishes family leave insurance as a class of disability income insurance. This, in turn, allows employers to include PFML reasons (i.e. medical leave, bonding, family care leave, military exigency) within their policies. (Arkansas, Tennessee, and Florida also have a similar law – see here). We understand that this legislation is intended to give employers the option and to encourage employers to provide PFML benefits to employees, without the need for the state legislature to enact a formal state provided PFML program. This law applies to employers who provide paid family and medical leave to employees, or have purchased a paid family and medical leave policy. If you wish to add PFML to your insured STD plan, please discuss this with your insurance carrier. If you do move forward with including PFML in your insured STD plan, please update your Larkin Account Manager so we can inform your employees on PFML to apply for STD.

The Larkin Company generally recommends that if you do wish to provide PFML benefits to employees that you do so by developing a salary continuation/top-up program instead of providing PFML via your STD program. There are typically less stringent paperwork requirements for employees under salary continuation/top-up programs, compared with STD PFML plans. Further, if you have an insured STD plan, including PFML in your insured STD plan may result in increased insurance premiums due to increased employee claims.

Note: If you have a self-insured plan, there is nothing to prevent employers from adding PFML reasons into your STD plan. However, The Larkin Company, again, recommends providing salary continuation/top-up program for PFML reasons, so employees do not have additional paperwork on top of paperwork they may have to already provide under FMLA/company leave policy. If you have questions, please reach out to your Larkin Account Manager.

N/A – see the above “At a Glance” section.

State Law and Regulation(s)
Texas House Bill 1996 (PFML)