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Two Bills Designed to Block Local Paid Sick Leave Laws Pass Texas Senate


Readers might recall that last year, the City of Austin approved a paid leave ordinance that would require most employers in the city to offer their employees 8 days of paid sick leave for a year of work (or 6 days for employers that employ fewer than 15 employees.)  Unsurprisingly, employers and pro business groups mobilized against the ordinance, immediately filing suit in District Court in Austin to block its implementation.  In fact, Texas Attorney General Ken Paxton filed a plea in intervention and argued that the paid leave ordinance was "an attempt to unlawfully and inappropriately usurp the authority of the state lawmakers..." by providing a higher rate of compensation than what was laid out in the Texas Constitution.  In a 24 page opinion, the Third Court of Appeals in Austin issued a ruling in November that found the paid sick leave ordinance to be unconstitutional and therefore invalid.

With the Texas Legislature back in session this year (they convene on the second Tuesday in January only in odd numbered years), eyes turned to whether legislation would be introduced to ban these type of local paid sick leave ordinances.  It turns out, we have several relevant bills on the topic that are currently working their way through the Texas Legislature.  (Readers might recall that Republican Representative Matt Krause had introduced HB 222 several months ago that seeks to prohibit cities from passing ordinances such as Austin's paid sick leave bill.  That bill has been referred to State Affairs for further review.)

However, last week, two other bills, SB 2485 and SB 2487, passed the Texas Senate and are now headed to the House of Representatives for further debate and a vote.  Of note:

  • SB 2485 stipulates that a political subdivision may not adopt or enforce an ordinance, order, rule, regulation, or policy mandating a private employer's terms of employment relating to employment benefits, including health, disability, retirement, profit-sharing, death, and group accidental death and dismemberment benefits.
  •  SB 2487 stipulates that a political subdivision may not adopt, or enforce an ordinance, order, rule, regulation, or policy regulating a private employer's terms of employment relating to any form of employment leave, including paid days off from work for holidays, sick leave, vacation, and personal necessity.

Both pieces of legislation passed along party lines, 18 - 12.  After the votes were announced, Austin City Council member Greg Cesar (who was a leading advocate of Austin's paid leave ordinance) criticized Republicans in the Texas Legislature and characterized the two bills as stripping "...Texans of their rights to sick days."  With Republicans having majority control of both the House and Senate and a Republican Governor, I think it is likely (if not inevitable) that local paid leave ordinances like the ones in Austin have their days numbered.


For more information on SB 2485:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=SB2485

For more information on SB 2487:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=SB2487

For more information on HB 222:  https://capitol.texas.gov/BillLookup/History.aspx?LegSess=86R&Bill=HB222

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