Emily WangDoes Texas require employers to provide paid sick leave? The answer in 2026 is unambiguous: no. Texas has no statewide paid sick leave (PSL) law. Austin, Dallas, and San Antonio each passed local PSL ordinances between 2018 and 2019 — and all three were struck down by state appellate courts before they could take effect. The 2023 HB 2127 "Death Star Bill" then preempted any future attempt by Texas municipalities to enact such laws. This guide answers the most common questions about paid sick leave in Texas.
Does Texas have a statewide paid sick leave law?
No. Texas is one of the majority of states that has not enacted a statewide paid sick leave mandate. Private employers in Texas are not required by state law to offer paid sick leave, unpaid sick leave, or any paid time off for illness. This is consistent with Texas's general approach to labor law — deferring to the federal floor and leaving employer-benefit decisions to the market.
This stands in direct contrast to California, which requires employers with 26+ employees to provide at least 5 days (40 hours) of paid sick leave per year under SB 616 (2024), and to New York, which mandates up to 56 hours of paid sick leave annually for large employers.
What happened to the Austin, Dallas, and San Antonio sick leave ordinances?
All three were blocked before they could take effect.
| City | Ordinance Passed | Legal Status in 2026 |
|---|---|---|
| Austin | 2018 | Struck down (Texas Court of Appeals, 3rd District, 2019) |
| San Antonio | 2018 | Struck down (Texas Court of Appeals, 4th District, 2021) |
| Dallas | 2019 | Struck down on preemption grounds, 2020-2021 |
The courts found that these ordinances conflicted with state law, specifically the Texas Minimum Wage Act, which preempts local minimum wage (and by analogy, mandatory wage-adjacent benefits) laws.
Key rule: In 2026, no Texas city has an active paid sick leave ordinance. HB 2127 (2023) makes it illegal for Texas municipalities to enact new ones. The state floor is the ceiling.
Does the federal government require paid sick leave in Texas?
For most private-sector workers in Texas, no. The federal government does not impose a general paid sick leave mandate on private employers. However, two federal programs are relevant:
1. FMLA (Family and Medical Leave Act): Eligible employees at covered employers (50+ employees) may take up to 12 weeks of unpaid, job-protected leave per year for qualifying health conditions and family care needs. FMLA does not require the leave to be paid, though employers may require employees to use accrued PTO concurrently.
2. Federal contractor mandates: Employers with federal contracts may be subject to Executive Order 13706, which requires up to 56 hours of paid sick leave per year for employees performing work on or in connection with certain federal contracts.
For employees at private employers without federal contracts and below FMLA coverage thresholds, there is no federal paid sick leave requirement.
If my employer offers paid sick leave in Texas, are there rules governing it?
Yes — once an employer establishes a paid sick leave policy, they must administer it consistently and lawfully.
Key obligations for Texas employers with voluntary PSL policies:
- The policy must be clearly communicated to employees (employee handbook, offer letter, or written policy)
- Employers cannot apply the policy discriminatorily (e.g., offering PSL to some employees but denying it to others based on protected characteristics)
- If sick leave is a promised benefit, denying it without cause may constitute a breach of contract or support a wage claim if the accrued leave was part of earned compensation
- Accrued sick leave generally does not have to be paid out upon separation unless the employer's written policy promises payout — Texas law does not require it otherwise
Can an employer ask for a doctor's note for sick leave in Texas?
Texas law does not regulate whether employers may require documentation for sick leave — the employer's policy governs. Most Texas employers allow 1-3 days without documentation and require a physician's note for absences beyond that threshold. Employers should apply documentation requirements consistently to avoid discrimination claims.
What is HB 2127 and how does it affect paid sick leave?
House Bill 2127 (Texas, 2023), known as the "Death Star Bill," preempts Texas local governments from enacting ordinances that regulate employment matters covered by state regulatory codes — including the Labor Code. Its direct effect on paid sick leave: Texas cities, counties, and municipalities cannot enact paid sick leave mandates — now or in the future — unless the Texas Legislature passes a statewide law first.
This closed the door that Austin, Dallas, and San Antonio had tried to open between 2018 and 2022. For employees, it means the answer to "does my city require paid sick leave?" is now definitively "no" for all Texas cities.
What options do Texas employees have if they get sick??
Texas employees without employer-provided paid sick leave have limited options:
- FMLA unpaid leave (if eligible — employer has 50+ employees, employee has 12 months of service)
- Employer's voluntary PTO policy — many Texas employers bundle vacation and sick time into a combined PTO bank
- Short-term disability insurance — some Texas employers offer group short-term disability coverage; employees may also purchase individual policies
- Negotiation at hire — paid sick leave can be negotiated as a term of employment, particularly for professional and managerial roles in competitive Texas markets
For workers in gig economy or independent contractor classifications, none of these traditional protections apply — another dimension of the classification debate covered in the Texas Overtime Law article in this dossier.
Should Texas employers offer paid sick leave even without a mandate?
The competitive case for offering PSL is strong. Texas's unemployment rate has been among the nation's lowest in recent years [Bureau of Labor Statistics, 2026], meaning employers compete for workers across most sectors. Paid sick leave has become an expected benefit among professional workers: a 2025 SHRM survey found that 72% of employees ranked PSL among the top-five most important benefits.
Employers who offer PSL also reduce presenteeism — employees coming to work while ill, reducing productivity and spreading illness — which research consistently shows costs more than the PSL benefit itself [CDC, 2024].
Legal Disclaimer: This article provides general information about paid sick leave laws in Texas and does not constitute legal advice. Consult a licensed Texas employment attorney or the Texas Workforce Commission (twc.texas.gov) for guidance specific to your situation.
