Bereavement Leave in Texas
No state law requires bereavement leave in Texas
Texas has no state law requiring private employers to provide bereavement leave. Texas also has no state paid sick leave law (although some cities have attempted local ordinances). Whether you receive bereavement leave is entirely up to your employer's policy.
What are your options?
Check your employee handbook or speak with HR about your employer's bereavement policy. You may be able to use accrued PTO or vacation time. You can request unpaid time off. If your employer has 50 or more employees, you may qualify for unpaid leave under the federal FMLA in limited circumstances. Federal employees in Texas are covered under separate rules.
Bereavement leave in Texas: what you need to know
Texas takes a hands-off approach to bereavement leave. There is no state law requiring private employers to provide any bereavement time, paid or unpaid, and no legislation is currently pending to change that. Texas also lacks a state-level paid sick leave mandate, though several cities (Austin, Dallas, San Antonio) have attempted local ordinances that were challenged in court.
For Texas workers, bereavement leave is entirely a matter of employer policy. The good news is that most mid-size and large Texas employers offer some form of bereavement leave voluntarily. According to industry surveys, the typical Texas employer provides 3 to 5 paid days for the death of an immediate family member (spouse, child, parent) and 1 to 3 days for extended family. But these are company policies, not legal guarantees. Your employer can change or eliminate the benefit at any time.
If your employer does not offer bereavement leave and you need time off after a death, your best options in Texas are to use accrued PTO or vacation time, request unpaid leave from your employer, or explore whether you qualify for unpaid FMLA leave if your employer has 50 or more employees. Texas does not have a state family leave law beyond what federal law provides.
Texas state government employees have separate provisions. State employees may use accrued sick leave for bereavement purposes and may also qualify for emergency leave under the state's human resources policies. If you work for the State of Texas, check with your agency's HR department for specific rules.
Texas workers in the military or with military family connections should know about separate federal protections. The Uniformed Services Employment and Reemployment Rights Act (USERRA) provides certain leave protections for service members, and military family leave under FMLA may provide unpaid leave if a family member dies during active duty service. These protections apply in Texas even though the state has no general bereavement leave law. Additionally, Texas law does protect employees who serve on jury duty or who are called as witnesses, so if bereavement-related legal proceedings arise (such as an inquest or probate hearing), you may have separate protections for that time.
More Texas workplace laws
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Frequently asked questions about bereavement leave in Texas
In most cases, Texas employers are not legally prohibited from disciplining or terminating an employee for missing work to attend a funeral, unless the absence is covered by a specific employment contract, FMLA, or another legal protection. Texas is an at-will employment state. However, if you believe the termination was based on discrimination or retaliation for a protected activity, you may have a wrongful termination claim.
No Texas city currently has an enforceable bereavement leave ordinance. Several cities attempted broader paid leave ordinances, but these have faced legal challenges under Texas state preemption rules. As of 2026, bereavement leave in Texas remains governed entirely by individual employer policies.
Texas has no state paid sick leave law for private employers, so there is no state requirement to provide sick leave at all, let alone allow it for bereavement. If your employer voluntarily offers sick leave, whether you can use it for bereavement depends on the employer's policy.
Talk to your manager or HR about your situation. Many Texas employers will work with employees on a case-by-case basis, especially for the death of a close family member. You may be able to use vacation days, take unpaid leave, or work out a temporary reduced schedule. If your employer has 50 or more employees, ask about FMLA eligibility.
Texas public school employees typically have bereavement leave provisions in their district policies or employment agreements. Most Texas school districts offer 3 to 5 days of paid bereavement leave for the death of an immediate family member. The specific terms vary by district. Private school employees in Texas are subject to their employer's individual policy.