Texas Paid Sick Leave Laws
Texas does not have state laws requiring private employers to provide paid sick leave, with public employees eligible under specific conditions, and local governments are prohibited from enacting paid sick leave ordinances due to the Texas Regulatory Consistency Act effective September 1, 2023.
Various states, cities, and municipalities have enacted legislation requiring employers to provide paid time off (PTO) for employees to use when they are sick. Learn more about this type of leave, called paid sick leave, and what’s required in the state of Texas.
What is Paid Sick Leave?
Paid sick leave is a benefit that allows employees to take time off from work due to illness, injury, or other health-related issues without foregoing pay. The purpose of paid sick leave is to ensure that employees can recover from illness without the financial pressure of losing income. It also helps prevent the spread of contagious diseases in the workplace by encouraging sick employees to stay home.
There are no federal laws in place that mandate the provision of paid sick leave. The Family and Medical Leave Act (FMLA) allows qualified employees to take unpaid leave for certain health conditions.
The Families First Coronavirus Response Act (FFCRA) enacted temporary requirements for certain employers, granting up to two weeks of paid sick leave to employees who couldn’t work due to COVID-19 (diagnosis, symptoms, required quarantine, etc.) However, this legislation expired at the end of 2020.
Does Texas Have Paid Sick Leave Laws That Differ from Federal Paid Sick Leave Laws?
There is no law in place in Texas that requires private employers to provide paid or unpaid sick leave to employees. Public sector employees are entitled to earn leave.
The Texas Regulatory Consistency Act prohibits local governments from passing paid sick leave ordinances. This law went into effect on September 1, 2023.
Are There Requirements to be Eligible for Paid Sick Leave in Texas?
Since there is no law mandating the provision of paid sick leave by a private employer, any eligibility requirements would be based on employer discretion.
Public employees must work at least 20 hours per week for 4.5 months to be eligible.
Is There a Minimum Amount of Paid Sick Time Required in Texas?
With no law mandating that private employers must provide paid sick leave, no minimum amount is in effect. Full-time public employees may accrue up to 8 hours per month.
What Can PSL be Used for in Texas?
If an employer offers paid sick leave to employees, company policy would dictate how it may be used.
Is Paid Sick Leave Required to be Carried Over Each Year in Texas?
There is no law regarding the provision of paid sick leave (or carryover) for private employers in the state of Texas.
Is Paid Sick Leave (PSL) Different from Paid Time Off (PTO) in Texas?
Private employers may choose to provide paid sick leave as a separate benefit from paid time off, but neither is required by state law.
Common Texas Paid Sick Leave Laws FAQs
How much paid sick leave am I entitled to take and be paid for in Texas?
Employees of private companies are not required to receive any amount of paid sick leave. Eligible public sector employees can accrue up to 8 hours per month.
Does paid sick leave apply to all employees who work in Texas?
No, there is no law in effect requiring Texas private employers to provide paid sick leave.
Which employees are exempt or partially exempt from the paid sick leave law in Texas?
No exemptions are applicable as the state defers to federal law regarding the provision of paid sick leave for private employees.
Do I have to notify my employer before taking sick leave in Texas?
The requirement to notify an employer before taking sick leave is based on company policy.
Can I be disciplined for taking a sick day or using paid sick leave in Texas?
If your employer provides paid sick leave, you must comply with your company’s policy around notifying the employer and providing required documentation. Employees found to be misusing paid sick leave or violating company rules may face discipline.
References
Related
Kansas Paid Sick Leave Laws
Kansas does not have any state laws requiring private employers to provide paid sick leave, meaning there are no mandated eligibility criteria, minimum amounts, usage rules, or carryover requirements, and any paid sick leave policies are determined solely at the employer's discretion.
Paid Sick Leave Requirements in Tennessee | WorkforceHub
Tennessee does not have any state laws requiring private employers to provide paid sick leave, meaning eligibility, usage, and accrual policies are determined solely at the employer's discretion, with no mandated minimum amounts or carryover requirements.
Wyoming Paid Sick Leave Laws
Wyoming does not have state laws requiring employers to provide paid sick leave, leaving any such benefits and eligibility criteria up to individual employers, while workers may only access unpaid leave under federal FMLA provisions.
Arkansas Paid Sick Leave Laws
Arkansas does not have any state laws requiring employers to provide paid sick leave, meaning there are no mandated eligibility criteria, minimum amounts, usage rules, or carryover requirements, leaving such policies entirely to employer discretion.
Paid Sick Leave Requirements in Nevada | WorkforceHub
Nevada law requires employers with 50 or more employees and two years of history to provide paid sick leave to employees working 12 or more hours per week, accruing at a rate of 0.01923 hours per hour worked up to 40 hours, allowing employees to take paid time off for their own illness, injury, or health-related issues, differing from federal laws which do not mandate paid sick leave.
Florida Paid Sick Leave Laws
Florida does not have any state laws requiring private employers to provide paid sick leave, meaning eligibility, usage, and accrual policies are determined solely at the employer's discretion, unlike some other states or temporary federal provisions such as the now-expired FFCRA.