Domestic Violence Leave Laws in Texas

Federal law does not provide a universal right to domestic violence leave. The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, does not specifically address domestic violence as a qualifying reason for leave, though some FMLA-qualifying absences (such as medical treatment or incapacity) may overlap with domestic violence situations in limited circumstances. The Violence Against Women Act (VAWA), 18 U.S.C. § 40002, includes employment protections such as the right not to be denied employment or discharged based on domestic violence status, but it does not mandate domestic violence leave itself.

The EEOC enforces Title VII, 42 U.S.C. § 2000e, which prohibits sex discrimination and sexual harassment but does not create a standalone domestic violence leave entitlement. Private employers with 15 or more employees are covered by Title VII and FMLA (if they meet size and duration thresholds), but neither statute creates an independent domestic violence leave requirement. Federal law thus depends on state action to create specific domestic violence leave protections, which Texas has done through its own labor code.

Texas Labor Code section 52.0061 is significantly stronger than federal law in this area because it creates an explicit, independent right to unpaid leave for domestic violence, sexual assault, or stalking. The statute applies to all private employers in Texas regardless of size—there is no minimum employee threshold, making it broader than FMLA, which applies only to employers with 50 or more employees.

Under section 52.0061, an employee is eligible if the employee or a dependent child is a victim of abuse as defined by Texas Family Code section 71.004. That definition includes physical injury, threat of physical injury, pattern of controlling behavior, or any act or threat intended to place the person in fear of imminent physical injury, bodily injury, assault, sexual assault, or threat of sexual assault. This is broader than the typical narrow focus of federal VAWA protections.

The statute does not specify a limit on the amount of leave an employee may take, but the employee must provide notice when it is practicable to do so. The employer may require reasonable documentation, such as a protective order, police report, medical record, court order, or statement from a counselor, clergy member, medical professional, or other professional with knowledge of the abuse.

Employers are prohibited from discharging, threatening, penalizing, or otherwise retaliating against an employee for exercising rights under section 52.0061. The statute also protects employees from discrimination based on domestic violence status under section 52.006. Unlike FMLA, which provides unpaid leave with job protection and continuation of benefits, Texas law guarantees leave but does not explicitly address benefits continuation; however, the leave is unpaid and employers retain discretion over benefits during unpaid absences unless covered by other law.

Texas Labor Code section 52.0061 has narrow exceptions. The primary limitation is that the leave is unpaid, not paid, so employees do not receive compensation while absent. The statute does not specify that employers must continue health insurance or other benefits during unpaid leave; this depends on the employer's general benefits policy and applicable law.

A second exception applies to employees who cannot practicably provide notice. However, the statute does not relieve the employee of the obligation to notify the employer as soon as practicable after the absence begins, meaning absence without any subsequent notification could expose the employee to discipline under a general attendance policy if the domestic violence leave statute is not invoked.

The statute does not apply to employees claiming leave for abuse of a non-dependent family member or friend; it covers only abuse of the employee or a dependent child. Dependent child means a child under 18 years of age unless the child is subject to disability.

Another key limitation is that the employer may request reasonable documentation of the abuse. If an employee cannot produce such documentation (protective order, police report, medical record, court order, or professional statement), the employer may dispute the leave request, though this should not result in retaliation if the employee is acting in good faith.

Unlike some state domestic violence leave statutes, Texas law does not address leave for preparing for or attending court proceedings related to the abuse; it is limited to leave to address the effects of the abuse itself, such as medical care, counseling, relocation, or safety planning.

Step 1: Document Everything. Keep detailed records of the abuse and all communications with your employer about leave. Save emails, text messages, voicemails, or letters notifying your employer of domestic violence leave. Preserve any documentation you provided, such as a protective order copy, police report, medical records, or counselor statement. Also document your work attendance and any adverse employment actions (discipline, termination, demotion, reduced hours, negative evaluations) that occur after you request or take leave. Take screenshots and maintain copies in a safe location, such as cloud storage or with a trusted friend or counselor.

Step 2: Follow the Internal Complaint Process. Notify your supervisor or human resources department of your need for leave as soon as practicable if it is safe to do so. Use the employer's formal leave request process if one exists. Provide clear notice that you are requesting leave under Texas Labor Code section 52.0061 for domestic violence, sexual assault, or stalking affecting you or a dependent. Request a written acknowledgment of your leave request. If the employer requests documentation, provide reasonable documentation (protective order, police report, medical note, court order, counselor statement, or other professional documentation). Keep a copy for your records. Allow the employer a reasonable time to process the request, typically 1–2 business days, unless emergency leave is needed.

Step 3: File a Charge with the Texas Workforce Commission. If the employer denies leave, retaliates, or commits any violation of section 52.0061 or 52.006, file a charge with the Texas Workforce Commission (TWC), Civil Rights Division. Visit the official TWC website at www.twc.texas.gov and select "File a Charge." Alternatively, contact the TWC Civil Rights Division directly by phone at (512) 936-7250 or toll-free at 1-888-452-4778. The filing deadline is 180 days from the date of the violation. Provide specific details: your name and contact information, the employer's name and address, the date(s) the violation occurred, and a detailed description of what happened, including the domestic violence leave request, the employer's response, and any retaliation. Include copies of all documentation, such as your leave request, the employer's response, protective orders, and records of adverse employment actions. The TWC will conduct an investigation, which typically takes 30–60 days.

Step 4: Expect the Investigation Process. Once you file a charge, the TWC will notify the employer of the complaint. The employer will have an opportunity to respond. The TWC investigator may contact you and the employer multiple times to gather information, interview witnesses, and review documents. The investigation is typically completed within 60 days, though it may take longer for complex cases. The TWC will issue a determination letter indicating whether there is reasonable cause to believe a violation occurred. If the TWC finds reasonable cause, you may request mediation or proceed to a hearing before the TWC. If the charge is not resolved through investigation or mediation, you can file a civil lawsuit in district court within two years of the violation.

Step 5: Consult an Attorney. Contact an employment law attorney, preferably one licensed in Texas and experienced in domestic violence leave or workplace retaliation cases. Many attorneys offer free or low-cost initial consultations. An attorney can evaluate the strength of your claim, help you document the violation, advise you on the TWC process, represent you in settlement negotiations or hearings, and file a civil lawsuit if necessary. If you cannot afford an attorney, contact the State Bar of Texas Lawyer Referral Service at (800) 252-9690 or search www.texasbar.com for attorneys offering contingency representation (where the attorney is paid only if you win).