How Many Days Can an Employee Work Without a Day Off in Texas?

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Other than retail workers and nurses, Texas law doesn't specifically state how often employees should have days off. However, employers should use common sense and practical judgment in assigning work schedules. Employees also must be given time off for voting, jury duty and medical leave.

Labor Law Regarding Days Off

Neither Texas labor law nor the federal Fair Labor Standards Act restricts how many days in a row an adult employee can work or be requested to work. This is referred to as the "unlimited hours rule." This means an employee could theoretically work for weeks without a day off. However, the Texas Workforce Commission says that employers must use common sense and respect practical realities and employee morale when withholding days off.

Exceptions for Nurses and Retail Workers

Texas does allow two exceptions to the unlimited hours rule -- one for retail employees and another for nurses. Full-time employees who work 30 hours a week or more in the retail sector must be allowed at least one 24-hour period off in a seven-day week. Nurses in Texas, including RNs and LVNs, can't be asked to work mandatory overtime above and beyond previously agreed-upon shifts unless there's a disaster or emergency situation.

Overtime Rules

Although there's no general restriction on how many days or hours an employee can work in Texas, nonexempt, hourly employees are entitled to overtime pay rates. Texas adheres to the Fair Labor Standards Act that requires employers to pay time-and-a-half for any hours an employee works over 40 a week. Nonexempt employees that are paid a regular salary aren't entitled to time-and-a-half for hours worked in excess of 40 hours. On the other hand, employers can't usually withhold or dock a nonexempt employee pay if he works less than 40 hours in a week.

Other Time Off

There are a few situations in which a Texas employer is obligated to give an employee time off. Texas employees must be allowed up to two hours of paid time off to vote in an election and they must be given time off for jury duty. Also, the Family and Medical Leave Act requires that Texas employers with more than 50 employees must allow employees up to12 weeks unpaid time off for family or illness related issues.


About the Author

Based in San Diego, Calif., Madison Garcia is a writer specializing in business topics. Garcia received her Master of Science in accountancy from San Diego State University.