Paige Melendez
Houston Employment Trial Lawyer Paige Melendez

In the wake of the national disasters, most recently the devastation left by Hurricane Helene and Hurricane Milton, it is important to reflect on whether employees in the lone star state have real protections during these disasters. In Texas, private employees enjoy no law-mandated protections for their employment even in the face of mandatory evacuation orders. Instead of protections that ensure that employees who are affected by such events can take time off work without jeopardizing their employment, income, or benefits, Texans would be left without concrete options. Disaster leave is a critical element of the state’s broader response to emergencies like hurricanes, floods, wildfires, and other significant events that can disrupt both personal and professional lives. 

To fill in the gaps left by Texas law, disaster leave is mostly guided by federal statutes like the Family and Medical Leave Act (FMLA). However, there are state-specific provisions for public employees. For example, the Texas Government Code, outlines disaster leave for state employees. It has mandates for state agencies to grant leave with pay to employees who are activated to assist in the state’s emergency response to a declared disaster. This provision is primarily aimed at employees of state agencies who are called upon to assist in disaster recovery efforts or who are personally affected by disasters. In contrast, for private sector employees, disaster leave protections are not as clearly defined, but there are some options though scarce.

Disaster Leave for Private Employees

Texas does not have a universal, statewide law that mandates disaster leave for private employees. Instead, protections for private employees often depend on company policies or collective bargaining agreements. Some large companies may offer disaster leave as part of their benefits package, allowing employees to take time off when affected by a disaster like a hurricane or tornado. Others may allow the use of accrued paid time off (PTO), sick leave, or vacation time for disaster-related absences.

For those without formal disaster leave policies, employees might need to rely on the Family and Medical Leave Act (FMLA). FMLA provides up to twelve weeks of unpaid leave for certain family and medical reasons, which may include disaster-related health issues. However, this is not specific to disasters and only applies to employees who meet the eligibility criteria, such as working for an employer with at least 50 employees and having worked for the employer for at least 12 months.

Additionally, if a disaster causes an injury or illness that is covered under workers’ compensation laws, employees may be entitled to benefits under those provisions. However, these are limited to cases where the injury or illness is directly related to the employee’s job duties.

Employer Discretion and Federal Assistance

In many cases, employers have discretion over how they handle disaster leave. Some may choose to be more lenient and offer additional paid or unpaid leave to employees who are affected by disasters, while others may stick strictly to their established policies and provide no job protection even in the wake of a national disaster. In some cases, employers may allow employees to work remotely if the disaster prevents them from coming into the office but does not impair their ability to perform their job duties.

Federal assistance programs can also play a role in disaster leave. The Federal Emergency Management Agency (FEMA) and other federal agencies often provide assistance to individuals and businesses in the aftermath of a disaster. This may include financial aid for those who have lost their homes or jobs, or for businesses that have been forced to close temporarily. While these programs do not directly mandate disaster leave, they can provide a safety net for employees who are affected by disasters and cannot work.

Conclusion

Disaster leave protections in Texas are an essential part of the state’s response to natural and man-made disasters but the protections for private employees are lacking. For public employees, these protections are more clearly defined, with policies that provide paid leave for those involved in disaster response or personally affected by disasters. Private-sector employees, however, may need to rely on a patchwork of company policies, federal laws like FMLA, and disaster assistance programs. As Texas continues to face significant disaster risks, including hurricanes, tornados, wildfires, and floods, disaster leave protections must be enhanced for all Texans.