There is no statewide paid sick time law in Texas for private employers. Some localities over the years have passed paid sick leave laws, including three major cities, Austin, Dallas, and San Antonio. However, these laws have all been blocked from taking effect while they worked their way through the court systems. Effective September 1, 2023, under the Texas Regulatory Consistency Act, Texas will prohibit all counties and municipalities from adopting or enforcing paid sick leave ordinances.
Texas Regulatory Consistency Act
The Texas Regulatory Consistency Act will prohibit municipalities and counties in Texas from enacting and enforcing laws related to conduct that falls under the state’s labor code. The Act also overrides other laws such as protections put in place for outdoor workers, including mandated water breaks. This law is aimed at removing the patchwork of local ordinances around the state. The City of Houston has filed an appeal to overturn the Act.
Employer Next Steps
We have summarized key steps employers should take to comply with this notice.
- Employers may continue to provide paid sick leave to employees under a company sponsored program and have discretion on the provisions of such policies
- Review policies, forms, and practices to ensure there is no reference to locality required paid sick leave ordinances
- Keep an eye out for future HR-Alerts on this topic as the Act is being challenged
If you have any questions regarding this HR-Alert, please email us.
This content is provided with the understanding that Hilb Group is not rendering legal advice. While every effort is made to provide current information, the law changes regularly and laws may vary depending on the state or municipality. The material is made available for informational purposes only and is not a substitute for legal advice or your professional judgment. You should review applicable laws in your jurisdiction and consult experienced counsel for legal advice.