Texas Employment Law Update – February 2018

City of Austin Paid Sick Leave

On February 15, 2018, the Austin City Council approved a paid sick leave ordinance (earned sick time) requiring employers to provide eligible employees with up to 64 hours of paid sick leave per calendar year.

To be eligible, employees must work at least 80 paid hours in the City of Austin per calendar year. Employees accrue one hour of earned sick time for every 30 hours worked. In addition:

• Accrual begins as soon as the employee starts working for the employer or the effective date of the ordinance, whichever is later.
• Earned sick time is paid at the employee’s regular rate, exclusive of any overtime premium, tips, or commissions, but no less than the state minimum wage.
• Earned sick time can be used as soon as accrued for any of the following purposes:
  • The employee’s physical or mental illness or injury, preventative medical or health care, or health condition.
  • To care for a family member’s physical or mental illness or injury, preventative medical or health care, or health condition.
  • For domestic abuse, sexual assault, or stalking purposes involving the employee or employee’s family member.

The ordinance includes many other provisions, including but not limited to, carryover, verification, notice, posting, retaliation, investigation, and enforcement.

The ordinance is effective October 1, 2018; however, employers with less than five employees are not required to comply until October 1, 2020.

Read the draft ordinance (the amended, enacted ordinance has not been released) and council transcript