Can a Texas employer discipline a pregnant employee for missing work?
Only where the absence is genuinely unprotected — and three separate statutes may be protecting it.
Last updated: August 02, 2026
Direct Answer
Yes, a Texas employer can discipline a pregnant employee for missing work if the absences are not protected by law or reasonable accommodations. However, employers must carefully evaluate the reasons for the missed work and ensure compliance with pregnancy-related leave laws. The real challenge is balancing operational needs with fair treatment and avoiding liability.
Controlling authority: the Pregnant Workers Fairness Act, effective 27 June 2023, with the EEOC final regulation effective 18 June 2024. Covers employers with 15 or more employees, including state and local government.
Three statutes may be protecting the same absence
Pregnancy is a protected condition under federal and state laws that require employers to consider accommodations and leave options. While attendance is a legitimate business concern, discipline should not be automatic. Employers need to distinguish between unexcused absences and those related to pregnancy complications or legally protected leave. Understanding these nuances helps avoid costly mistakes and maintains workforce stability.
In practice, this means employers must have clear policies but apply them flexibly when pregnancy factors are involved. Simply enforcing attendance rules without reviewing medical documentation or accommodation requests can lead to grievances or claims of discrimination. The operational reality often includes understaffing and tight budgets, so integrating compliance with practical solutions is essential to sustainable management.
| Test | FMLA | ADA | PWFA |
|---|---|---|---|
| Covered employer | Private: 50+ in 20+ workweeks. Public agencies and schools at any size. | 15 or more employees | 15 or more employees, including state and local government |
| Employee threshold | 12 months, 1,250 hours, 50 employees within 75 miles | No service requirement | No service requirement |
| What triggers the duty | A qualifying reason and proper notice | A disability and a request for accommodation | A known limitation related to, affected by, or arising out of pregnancy or childbirth |
| Duration | 12 workweeks (26 for military caregiver) | No fixed duration — leave can be an accommodation | No fixed duration |
| Employer defence | None; eligibility is arithmetic | Undue hardship — significant difficulty or expense | Undue hardship — significant difficulty or expense |
| Can the employer force leave? | May require paid leave to run concurrently | Leave is a last resort where another accommodation works | No — may not require leave if another accommodation would let the employee keep working |
| Runs out? | Yes, at 12 weeks | The ADA duty survives FMLA exhaustion | Continues while the limitation does |
Attendance points on protected absence is the standard failure
What I see employers miss is the importance of consistent documentation and communication. Managers may feel pressured to act quickly on attendance issues without fully exploring pregnancy-related leave eligibility or accommodation requests. This gap often triggers employee relations problems that could have been prevented with better process control and early HR involvement.
Another common oversight is assuming a one-size-fits-all attendance policy will hold up under scrutiny. Pregnancy-related absences can vary widely, and policies must be adaptable enough to address individual circumstances. Ignoring this complexity often results in uneven discipline and morale issues, exposing the employer to unnecessary risk and operational disruption.
| Action | Why it is a violation |
|---|---|
| Assessing negative attendance points for FMLA leave | Named expressly by the DOL. A no-fault attendance system that does not exclude FMLA absences generates violations automatically, on every absence, without anyone deciding anything. |
| Writing an employee up for missing work while using FMLA leave | The absence is protected; the write-up is the adverse action. |
| Denying a bonus the employee had already qualified for before taking leave | The entitlement predates the leave. |
| Changing the number of shifts assigned after leave | Restoration must be to the same or an equivalent position, including hours. |
| Moving the employee outside their normal commuting area | An equivalent position includes geography. |
| Denying a promotion because the employee used FMLA leave | Use of leave cannot be a negative factor in any employment decision. |
| Failing to designate leave as FMLA | FMLA runs whether or not the employer designates it. Failing to designate usually means the leave was consumed without the employer getting the benefit of the entitlement. |
Where pregnancy discipline fails
Mismanaging attendance discipline for pregnant employees can create serious risks beyond immediate staffing concerns. Recognizing these triggers helps employers mitigate liability and maintain team cohesion.
- Disciplining without verifying pregnancy-related leave eligibility
- Inconsistent application of attendance policies among pregnant employees
- Failing to document accommodation requests or medical communications
- Ignoring state and federal pregnancy discrimination protections
- Rushing discipline decisions under operational pressure
Screen the absence before you apply the policy
Before disciplining a pregnant employee for missed work, review any medical certifications, accommodation requests, and leave eligibility carefully. Confirm whether the absences are protected under laws like the Pregnancy Discrimination Act or the Family and Medical Leave Act. Cross-check your attendance policies against these protections to ensure alignment. This upfront diligence prevents defensibility issues later.
Also examine how similar cases have been handled historically within your organization. Consistency in applying policies builds credibility and reduces the risk of claims. Engage HR and legal counsel early when ambiguity arises. Remember, the process and documentation are just as important as the discipline itself in managing risk effectively.
Puts a number on unplanned absence before you decide how to respond to it.
When absences are frequent
If you encounter unclear situations where pregnancy-related absences intersect with attendance discipline, getting HR guidance is critical. HR professionals can help interpret policies, assess legal protections, and recommend appropriate accommodations or leave options. Early collaboration reduces confusion and protects leadership from making mistakes under pressure.
Additionally, if managers feel overwhelmed by the operational impact or employee tensions escalate, HR intervention can help mediate and restore balance. Bringing in experienced HR support ensures your approach is both compliant and practical, avoiding costly turnover or grievances.
Need Help Managing Pregnancy-Related Attendance?
Faulkner HR Solutions offers strategy-backed, people-first guidance tailored to Texas employers. We help you navigate the complexities of pregnancy accommodations and attendance discipline to reduce risk and maintain operational control.
Get Expert HelpThis page provides general HR information for employers and is not legal advice. For legal interpretation or representation, consult qualified employment counsel.