The concept of paid sick leave has been discussed extensively at the federal level, but legislation has not been implemented. Consequently, states and municipalities have taken the initiative.

Texas Municipalities Take the Lead: Texas state law does not require private employers to provide paid sick leave to employees. However, three Texas municipalities do require paid sick leave – Austin, San Antonio and now Dallas. Austin was the first to pass an ordinance requiring employers to provide paid leave to employees under certain circumstances. On August 17, 2018, the Austin Court of Appeals issued an injunction to halt the ordinance from going into effect. Currently, the ordinance is stalled in litigation. On August 16, 2018, San Antonio passed its “Earned Paid Sick Leave Time” ordinance. On March 28, 2019, the City of Dallas passed its own “Earned Paid Sick Time Ordinance,” which goes into effect August 1, 2019.

What to Do? For Dallas and San Antonio employers, our recommendation is to include this language in your sick leave policy because there is little likelihood the Texas Supreme Court will rule on the Austin ordinance by August 1, 2019. However, if your organization already has paid sick leave that is at least as generous as the ordinance, no action is necessary.

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