San Antonio Becomes Second Major Texas City to Pass Paid Sick Leave

Author: David B. Weisenfeld, XpertHR Legal Editor

August 20, 2018

San Antonio has become the second major Texas city to pass a paid sick leave measure, joining Austin. A petition with more than 144,000 signatures supporting paid sick leave compelled the San Antonio City Council to take action, and it passed the ordinance by a 9-2 vote.

Effective January 1, 2019, San Antonio will allow private employees who work within the city limits to earn up to 64 hours of paid sick leave per year, but employers with more than five employees do not have to comply until August 1, 2019, and those with five or fewer employees need not comply until August 1, 2021.

However, whether this paid sick leave law ever takes effect is very much uncertain, as it is sure to face a legal challenge and the Texas Legislature may move to preempt it. On Friday, just one day after the San Antonio City Council passed the ordinance, a Texas appeals court temporarily blocked Austin's mandatory paid sick leave law from taking effect October 1.

A coalition of business groups had challenged the Austin ordinance because they claimed it violates Texas minimum wage law. Texas Attorney General Ken Paxton joined the coalition's lawsuit. He noted that the Texas Minimum Wage Act bans cities from raising minimum wages above legislative mandates.

The San Antonio ordinance mirrors the Austin paid sick leave measure in many ways. If it takes effect, the law will:

  • Eventually apply to all employers except government entities and school districts;
  • Allow employees to use paid sick leave for themselves or a family member, including for mental health care, domestic abuse, sexual assault or stalking;
  • Allow employees to earn up to one hour of paid sick time for every 30 hours worked (with a maximum of 64 hours for employers with more than 15 employees, and 48 hours for employers with 15 or fewer employees); and
  • Define employee as an individual who works at least 80 hours for pay within San Antonio in a given year.

San Antonio Mayor Ron Nirenberg said of the measure, "Paid sick leave is good for business and good for working families." But even though he voted in favor of the ordinance, Mayor Nirenberg added that he would prefer to see paid sick leave addressed at the state level to avoid a patchwork system of laws.