Texas paid sick leave is somewhat of an anomaly when compared to other states’ policies. Texas does not require private employers to provide it under any state statute or regulation. Unlike many other states that have enacted comprehensive legislation, Texas maintains a stance that leaves sick leave policies to the discretion of individual employers.
Common Questions About Texas Paid Sick Leave
While several major Texas cities—Austin, Dallas, and San Antonio—have attempted to implement local leave ordinances, court challenges have resulted in these measures being blocked. This means that across Texas, private employers retain full authority to determine their own sick leave policies, with no statutory minimums or requirements to provide such benefits. Here’s what you need to know.
Is paid sick leave required by law in Texas?
No, Texas does not have any state law requiring private employers to provide it to their employees. Employers may choose to offer it as part of their benefits package, but they are not legally obligated to do so.
What happened to the local paid sick leave ordinances in major Texas cities?
While Austin, Dallas, and San Antonio passed local ordinances requiring paid sick leave, all these measures have been blocked by court challenges. The Texas courts have either temporarily or permanently halted these requirements, and none are currently in effect as of 2025.
How does Texas’s approach compare to other states?
Many other states have enacted mandatory paid sick leave laws, making Texas’s approach notably different. Some neighboring states, like Arizona and New Mexico, have passed state-wide requirements, while Texas maintains its position of employer discretion in this matter.
Can Texas employers choose to offer paid sick leave?
Yes, private employers in Texas can voluntarily implement a policy. When they do so, they must follow their established policies consistently and in accordance with their employment agreements and company handbooks.
Does federal law require paid sick leave in Texas?
While the federal Family and Medical Leave Act (FMLA) provides for unpaid leave for qualifying medical conditions, it does not mandate it. The FMLA applies only to eligible employees at companies with 50 or more employees.
What should Texas employees do if they need sick time?
Employees should review their employer’s specific policies regarding time off and sick leave, and any questions should be discussed with the HR department or a supervisor. Employees should consider using other available paid time off (such as vacation days) if sick leave isn’t provided and understand their rights under FMLA if they have a qualifying condition.
Are there any exceptions for government employees?
Yes, state and federal government employees in Texas typically have different sick leave benefits than private-sector workers. These benefits are governed by specific government employment policies rather than state sick leave laws.
What happens if an employer offers paid sick leave and then violates their policy?
If an employer has established a policy but fails to follow it, they may be in breach of their employment agreement. Employees in such situations may have legal recourse based on contract law, even though there’s no statutory requirement for sick leave.
Can employers face penalties for not providing sick leave?
No, private employers in Texas cannot face penalties for not providing it, as there is no state law requiring them to do so. However, they must comply with federal FMLA requirements if applicable to their organization.
Navigate Texas Paid Sick Leave with SixFifty
Texas’ lack of paid sick leave requirements can be a tricky topic of discussion for Human Resources Departments and smaller employers alike. SixFifty’s solutions streamline the process, ensuring your policies align with state requirements (or lack thereof) while reducing the administrative burden on your HR team. We’re here to keep you compliant.
Want to see how it works? Schedule a free demo today!
