In 2018, the city councils in both Austin and San Antonio passed ordinances to require employers to provide paid sick leave to employees. The ordinances have faced legal challenges, including a ruling in November 2018 that the Austin law is unconstitutional due to preemption by the Texas Minimum Wage Act. Neither ordinance has taken effect to date. Now the state senate has taken up the matter.
On February 28, 2019, the Texas State Senate Committee on State Affairs advanced a bill that prevents cities and counties from adopting local ordinances related to employment leave. The bill is now eligible to be taken up by the full senate and is expected to pass when it comes up for consideration. We will provide updates as this issue develops.
Twenty-two other states have banned local governments from passing their own paid leave laws.