Texas Employment Law Update – August 2018

Austin Paid Sick Leave Temporarily Blocked

On August 17, 2018, an Austin-based appeals court blocked the city’s paid sick leave ordinance, which would have required private employers to provide employees with paid sick leave when it took effect October 1, 2018. The court ruling temporarily blocks the ordinance from going into effect while portions of the law are litigated.

Procedurally, the city’s appellees’ brief and the cross-appellees’ briefs are due on September 6, 2018. The reply briefs, if any, will be due 15 days after the date of filing of the appellees’ and cross-appellees’ briefs. According to the court, because all parties have an interest in the prompt resolution of this case, further requests for extensions of time will be disfavored.

See the Texas Court of Appeal order

San Antonio Paid Sick Leave

On August 16, 2018, the San Antonio City Council voted to approve a measure mandating earned paid sick time for all employees in San Antonio. Under the ordinance, employees would be entitled to 64 hours of paid sick leave per year when an employee, or the employee’s family member, suffers an illness, injury, stalking, domestic abuse, sexual assault, or otherwise requires medical or health care, including preventative care and mental health care.

The ordinance details coverage, accruals, yearly caps, usage requirements, employee protections, and notice and recordkeeping requirements.

The ordinance becomes effective for most employers on August 1, 2019; however, employers with no more than five employees at any time in the preceding 12 months are not required to comply with the ordinance until August 1, 2021.

Read the ordinance