Work · Paid sick leave
Paid Sick Leave Law in Texas
Whether an employer in Texas must provide paid sick leave, how much you accrue, who is covered, and whether a city ordinance fills the gap where the state has no mandate. Cited to the statute.
What the paid sick leave law requires in Texas
Who must provide it, how leave accrues and caps, and the workers the rule does not reach.
Paid-sick-leave law changes quickly across the country. Texas currently has no state mandate, and local ordinances have been struck down, but the status of any new legislation or ruling can change. Confirm the current position before relying on the absence of a rule.
| What the law requires | What it means |
|---|---|
| No state paid-sick-leave requirement | The Texas Labor Code has no provision requiring a private employer to provide paid sick leave, paid time off, or paid vacation. There is nothing to cite as a requirement because the state has never enacted one, so Texas is silent on the point. |
| Local ordinances were struck down | Austin, Dallas, and San Antonio each passed a paid-sick-leave ordinance, and each was halted by the courts. Texas appellate courts held the ordinances establish a wage in violation of the Texas Minimum Wage Act, so none is in effect. |
| Only company policy or contract creates a right | Because neither the state nor an enforceable local ordinance requires it, any paid sick leave a Texas worker has comes from the employer own policy or a contract. A promise of paid leave in a handbook can be enforceable on its own terms. |
| Where it does not apply | What it means |
|---|---|
| Federal unpaid leave still applies | A covered employer must still provide job-protected leave under the federal Family and Medical Leave Act, but that leave is unpaid. The federal law sits on top of Texas silence and does not create a paid-sick-leave right. |
| A multi-state employer may owe leave elsewhere | An employer based in Texas with workers in a state that requires paid sick leave, such as California, New York, or Illinois, must follow that state rule for those workers. The absence of a Texas law does not cancel another state requirement. |
| A future ordinance would face the same bar | Given the appellate rulings tying paid-sick-leave ordinances to the Texas Minimum Wage Act, a new local ordinance would likely meet the same challenge unless state law changes. For now, no Texas city ordinance is in force. |
What you can do right now
Concrete, neutral steps around sick leave in Texas. This is legal information, not legal advice.
- Read the employer policy
Since state law is silent, your paid sick leave in Texas comes from the employer own policy. Check the handbook or offer letter for accrual, carryover, and payout terms.
- Do not rely on a city ordinance
The Austin, Dallas, and San Antonio paid-sick-leave ordinances were struck down and are not enforceable. Do not assume a Texas city mandate applies without confirming its current status.
- Use federal unpaid leave if eligible
If you and your employer are covered by the federal Family and Medical Leave Act, you may take job-protected but unpaid leave for a serious health condition. That is separate from any paid policy.
- Check other states if you work across lines
If you sometimes work in a state that requires paid sick leave, that state rule may reach your hours there even though your employer is in Texas. Where the work happens can matter.
If you were denied leave the law provides, the state labor department takes complaints and can explain the accrual rules and any penalty. Where the state has no mandate, check your city.
→ Texas Workforce CommissionThis is general legal information, not legal advice. Accrual, caps, and city ordinances turn on employer size and location, so confirm your situation against the statute.
What workers in Texas get wrong about paid sick leave
Texas does not require employers to provide paid sick leave. No Texas statute makes a private employer offer paid sick leave, paid time off, or paid vacation, so any leave a worker has comes from company policy or a contract. Several Texas cities tried to change that. Austin, Dallas, and San Antonio each passed a paid-sick-leave ordinance, and each was blocked in court. Texas appellate courts held that requiring paid sick leave sets a wage, which a city cannot do under the Texas Minimum Wage Act, and the Texas Supreme Court declined to review the Austin case in June 2020. None of those ordinances is in effect. The federal Family and Medical Leave Act still provides job-protected leave to eligible workers, but it is unpaid. So in Texas, paid sick leave is voluntary for a private employer, and a city ordinance is not a dependable source of it while the court rulings stand.
Common questions
Does Texas require paid sick leave?
No. Texas has no state law requiring a private employer to provide paid sick leave. Any paid sick leave a Texas worker has comes from the employer own policy or a contract.
How much sick leave do you get in Texas?
Whatever the employer chooses to offer. Because state law sets no minimum, the amount, accrual, and carryover all depend on the company policy or an individual agreement.
What happened to the Austin and Dallas sick leave laws?
They were struck down. Texas appellate courts held that the Austin, Dallas, and San Antonio paid-sick-leave ordinances establish a wage in violation of the Texas Minimum Wage Act, and none is in effect.
Is there any leave Texas employers must provide?
Covered employers must provide job-protected leave under the federal Family and Medical Leave Act, but that leave is unpaid. Texas itself does not require any paid sick leave.
What if I work in Texas for a company based elsewhere?
Your Texas hours are generally governed by Texas law, which has no mandate. But if you also work in a state that requires paid sick leave, that state rule can apply to the hours worked there.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.