Update as of 11/22/2019
The 225th District Court in Bexar County has issued a temporary injunction to halt the implementation of the San Antonio Sick and Safe leave ordinance. It will not be going into effect on 12/1/2019.
The City of San Antonio is one of three cities in Texas to pass a Paid Sick Leave (PSL) Ordinance. Here are some basics of the San Antonio Sick and Safe Leave (SSL) ordinance:
Effective Date | December 1, 2019 |
Who does it apply to? | All employers no matter their size that operate within the City of San Antonio and all employees no matter where their employer is located who work more than half of their work hours outside of San Antonio but work at least 240 hours in a year within the San Antonio city limits |
Who does it cover? | Part-time, full-time, seasonal, exempt, and nonexempt |
How much time do employees receive? | For every 30 hours worked, the employee accrues 1 hour of SSL up to 56 hours in a year |
What is it used for? | The employee or the employee’s family member suffer illness, injury, stalking, domestic abuse, sexual assault, or otherwise require medical or health care, including preventative care and mental health care. |
Can the employer ask for verification of leave? | Yes, on the fourth consecutive day or when there is a suspect of abuse. The verification has to be reasonable. |
What additional requirements are needed by employers? | If an employer has a handbook, there needs to be a section included in it
A poster is to be posted in a conspicuous area for employees Provide a monthly statement of accrued hours to employees |
When will enforcement go into effect? | April 1, 2020 |
What fines will be assessed? | $500 per violation that isn’t corrected within 35 days after being notified |
If you haven’t been keeping up with all of the Texas PSL ordinances here is a timeline of events.
Timeline
2018 | February | City of Austin passes first Paid Sick leave ordinance in Texas to go into effect October 1, 2018 |
June | Texas District Court denied injunction to stop City of Austin PSL ordinance | |
August | City of San Antonio passes second PSL ordinance in Texas to go into effect August 1, 2019 | |
November | 3rd Court of Appeals approved injunction stopping Austin PSL, City of Austin asked Texas Supreme Court to hear the case | |
2019
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April | City of Dallas is third city in Texas to pass PSL ordinance to go into effect August 1, 2019 despite multiple lawsuits in other cities |
July | Businesses and City of San Antonio come to agreement to delay implementation of PSL ordinance until December 2019
Businesses sue City of Dallas over PSL |
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August | City of Dallas PSL goes into effect despite pending lawsuit and ruling from Texas Supreme Court on City of Austin ordinance | |
October | City of San Antonio passes revised ordinance to go into effect December 2019, now called San Antonio Sick and Safe Leave Ordinance | |
November | Businesses file lawsuit against City of San Antonio regarding PSL | |
December | City of San Antonio Sick and Safe Leave Ordinance to go into effect |
Additional Resources
San Antonio Sick and Safe Leave Website
English Version of Required Poster
Spanish Version of Required Poster