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Paid Sick Leave in Texas: What the Law Says and How Cities Tried to Change It

If you’ve ever had to choose between going to work sick or missing a paycheck, you’re not alone. Paid sick leave is one of the most common workplace concerns in Texas—and one of the most misunderstood.

Many employees assume sick leave is guaranteed by law. Others have heard that cities like Austin or Dallas passed their own rules.

So what’s the reality?

Let’s break down how paid sick leave works in Texas—and how certain cities have tried to change it.

Is Paid Sick Leave Required in Texas?

No.
Texas does not require private employers to provide paid sick leave.

Unlike some other states, there is no statewide law mandating:

• Paid sick days

• Accrual systems

• Protected short-term sick leave

This means employers are generally free to decide:

• Whether to offer sick leave

• How much time is available

• When employees can use it

• Whether documentation is required

For most employees, sick leave is governed by company policy, not state law.

Why Paid Sick Leave Is Still Important

Even though it’s not required, paid sick leave plays a major role in:

• Employee health and recovery

• Workplace productivity

• Preventing the spread of illness

• Financial stability for workers

Because of this, several Texas cities have attempted to regulate sick leave at the local level.

City Efforts to Require Paid Sick Leave

Austin: The First Attempt

Austin became the first Texas city to pass a paid sick leave ordinance.

The law would have required employers to:

• Provide paid sick time to employees

• Allow employees to accrue leave over time

• Protect workers who used sick leave

However, the ordinance was challenged in court and blocked before it could take effect.

Dallas: A Similar Approach

Dallas followed Austin’s lead and passed its own paid sick leave ordinance.

Like Austin’s law, it aimed to:

• Require employers to provide paid sick time

• Establish accrual rules

• Protect employees from retaliation

But Dallas’s ordinance faced the same legal challenges and was also blocked and is not currently enforceable.

San Antonio: Another Attempt

San Antonio also passed a paid sick leave ordinance with similar requirements.

Again:

• The law was challenged

• Courts blocked enforcement

• It never became fully effective

Why These Laws Were Blocked

The main issue was whether cities could regulate sick leave in a way that effectively impacts wages.

Texas courts have generally held that:

• Local sick leave ordinances may conflict with state minimum wage laws

• Cities may not have the authority to impose these requirements

As a result, none of these city-level laws are currently in effect.

What This Means for Employees Across Texas

Whether you work in:

• Houston

• Dallas

• Austin

• San Antonio

👉 The rules are essentially the same statewide.

There is no guaranteed paid sick leave, and your rights depend on:

• Your employer’s policies

• Any employment agreements

• Federal protections (in certain situations)

When Sick Leave May Still Be Protected

Even without a paid sick leave law, employees may still have legal protections in certain situations.

Family and Medical Leave Act (FMLA)

Provides unpaid, job-protected leave for serious health conditions.

Americans with Disabilities Act (ADA)

May require time off or schedule adjustments as a reasonable accommodation.

Pregnancy-Related Protections

Certain pregnancy-related conditions may require accommodation or leave.

These laws do not guarantee paid leave, but they can protect your job.

Employer Policies Still Matter

Even though sick leave is not required, employers must follow their own policies consistently.

This means:

• If sick leave is offered, it must be applied fairly

• Policies cannot be enforced selectively

• Employers cannot use sick leave policies as a pretext for discrimination or retaliation

Inconsistent enforcement can create legal issues.

The Future of Paid Sick Leave in Texas

Efforts by cities like Austin, Dallas, and San Antonio show that there is ongoing interest in regulating paid sick leave at the local level.

While those laws are not currently enforceable, they reflect a broader trend:

• Increased focus on worker protections

• Ongoing legal debates about local authority

• Potential for future legislative changes

For now, however, Texas remains a state where paid sick leave is largely left to employers.

Final Takeaway

Paid sick leave is not required under Texas law, and attempts by cities like Austin, Dallas, and San Antonio to mandate it have been blocked by courts.

This means that for most employees:

• Sick leave depends on employer policy

• There is no guaranteed paid time off for illness

• Certain federal laws may still provide protection in specific situations

Understanding how these rules work can help employees navigate time off decisions—and help employers avoid confusion or legal risk.