Paid Sick Leave Laws Updates in Texas

DMEC StaffLegislative Updates

San Antonio May Delay Paid Sick Leave Implementation to December 1; Dallas Remains on Track for August 1 and Issues Rules

By Kristin L. Bauer, Katrin U. Schatz, & Julie A. Farmer

Jackson Lewis P.C.

They say everything is bigger in Texas and the controversy surrounding paid sick leave is no exception. With less than two weeks before the effective date of two paid sick leave laws in Texas, here is a quick scorecard on where these laws stand:

San Antonio

As is now being reported, the City of San Antonio has agreed to delay implementation of its paid sick and safe leave ordinance until Dec. 1, 2019. The ordinance was originally scheduled to go into effect on Aug. 1 for most employers. On Jul. 15, a business coalition initiated an action in Bexar County to challenge the San Antonio ordinance, arguing that it is unconstitutional. The Texas Attorney General filed a petition in intervention of the action on Jul. 19, siding with the business coalition. The Texas Civil Rights Project filed a petition in intervention on Jul. 18 representing several stakeholders, including the Texas Organizing Project Education Fund. The city via Deputy City Attorney Ed Guzman announced that it had submitted an agreed order in the lawsuit to delay implementation until Dec. 1, noting “This additional time will allow us to continue working with the paid sick leave commission, committees and our stakeholders to refine the ordinance.” A hearing is scheduled for Jul. 24, at which time the court will decide, among other things, whether to allow the delayed implementation date.

Austin

As previously reported, a successful challenge to Austin’s paid sick and safe leave law ordinance is still pending and may be addressed by the Texas Supreme Court in the coming months. On Nov. 16, 2018, the Austin Third Court of Appeals declared the Austin ordinance to be unconstitutional and ordered the district court to grant a temporary injunction against the Austin ordinance.

Dallas

Despite the uncertain future of these laws, the City of Dallas has published rules for implementation of its paid sick and safe leave law and remains on track to implement its ordinance as scheduled on Aug. 1, 2019 (for most employers). You can find more information about the Dallas ordinance here.

***This article originally appeared on the Jackson Lewis’ Disability, Leave & Health Management blog and was reposted on the DMEC website with their permission.***

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