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Can an Employer Deny Sick Time in Texas? What Employees Need to Know (2025)

If you wake up sick and can’t go to work, the situation feels simple: you’re ill, you need time off, and you’ll return when you’re better. But for many Texas employees, the reality is far more complicated.

A common question workers ask is:
Can my employer deny sick time in Texas?

The short answer is: yes, sometimes—but not always.

Texas law gives employers significant flexibility when it comes to sick leave, but that flexibility has limits. Understanding where those limits are can help you protect your job, your income, and your health.

Texas Does Not Require Paid Sick Leave (With Important Exceptions)

Unlike some states, Texas does not have a statewide law requiring private employers to provide paid sick leave.

That means:

• Employers are not automatically required to offer paid sick time

• Employers can decide whether to offer sick leave

• Employers can set rules about how sick time is earned and used

However, once an employer chooses to offer sick leave, they must follow their own written policies and cannot apply them unfairly or illegally.

When an Employer Can Deny Sick Time

An employer may legally deny sick time in Texas if:

• The company does not offer sick leave at all

• You have not accrued enough sick time under the policy

• You did not follow required procedures (such as calling in on time)

• The policy limits how sick time can be used

• The absence does not qualify under the employer’s sick-leave rules

In these situations, denial may be frustrating—but not illegal.

When Denying Sick Time May Be Illegal

Even in Texas, there are situations where denying sick time—or punishing an employee for being sick—can violate the law.

Medical Leave Protected by Federal Law

Under the Family and Medical Leave Act (FMLA), eligible employees may be entitled to unpaid, job-protected leave for serious medical conditions.

If you qualify for FMLA:

• Your employer cannot deny qualifying leave

• You cannot be fired for taking protected leave

• Your job (or an equivalent one) must be available when you return

Denying time off or disciplining an employee for FMLA-protected leave may be illegal.

Disability Accommodations

Under the Americans with Disabilities Act (ADA), employers may be required to provide reasonable accommodations for employees with disabilities.

In some cases, this can include:

• Modified schedules

• Additional unpaid time off

• Flexibility related to medical conditions

Flatly denying time off without engaging in the required interactive process may violate disability laws.

Retaliation Is Not Allowed

An employer may not deny sick time—or punish an employee—because the employee:

• Requested medical leave

• Reported a workplace injury

• Filed a workers’ compensation claim

• Reported discrimination or harassment

• Took legally protected leave

If sick time is denied as a form of retaliation, that may be unlawful even if the employer’s policy otherwise allows denial.

Unequal or Discriminatory Enforcement

Even if an employer has a sick-leave policy, it must be applied consistently.

Problems arise when:

• Some employees are allowed sick time while others are denied

• Denials appear tied to age, gender, pregnancy, disability, or race

• Employees on medical leave are treated differently

• Complaining employees suddenly lose sick-time privileges

Selective enforcement can turn a lawful policy into an illegal practice.

What About Local Sick Leave Ordinances?

Several Texas cities previously passed paid sick leave ordinances, but Texas courts blocked those laws, and they are currently not enforceable for most private employers.

As of now, there is no enforceable city-wide paid sick leave mandate in Houston or most of Texas.

Can an Employer Fire You for Being Sick?

It depends.

An employer may discipline or terminate an employee for absences if the absences are not legally protected.

However, termination may be illegal if:

• The illness qualifies for FMLA protection

• The condition is a disability under the ADA

• The employee is being retaliated against

• The employer violates its own attendance policy

• The termination is discriminatory

Context matters. The same absence can be legal in one situation and illegal in another.

What Employees Should Do If Sick Time Is Denied

If your employer denies sick time, consider these steps:

• Review your employee handbook or written policies

• Keep records of requests, denials, and communications

• Obtain medical documentation if appropriate

• Note whether other employees are treated differently

• Avoid resigning or signing documents without understanding the consequences

Documentation often makes the difference in determining whether a denial was lawful.

How an Employment Lawyer Can Help

Employment law cases involving sick leave often overlap with:

• Disability rights

• Medical leave laws

• Retaliation claims

• Wrongful termination

• Wage and hour issues

An employment lawyer can evaluate whether a sick-time denial is merely unfair—or legally actionable—and help you understand your options before problems escalate.

How The Lange Firm Supports Texas Employees

The Lange Firm assists employees across Texas with employment-law issues, including disputes involving medical leave, sick time, retaliation, and wrongful termination.

The firm focuses on helping workers understand:

• What the law actually requires

• Whether an employer crossed a legal line

• How to protect their rights moving forward

Final Takeaway

In Texas, employers have broad discretion when it comes to sick leave—but that discretion is not unlimited.

An employer can sometimes deny sick time, but doing so may be illegal when federal protections apply, when policies are enforced unfairly, or when denial is tied to retaliation or discrimination.

If your employer’s response to illness doesn’t feel right, it’s worth understanding whether the law is on your side.