Are There Any Exempt Industries from Paid Sick Leave Rules in Austin, Texas?

Understand your obligations under Austin's Paid Sick Leave Laws so you can ensure compliance and protect your business from potential legal action.

Are There Any Exempt Industries from Paid Sick Leave Rules in Austin, Texas?

Everyone has worked with someone who comes to work with a bad cold, and it's not only annoying but also endangers the health of other employees. Have you ever stopped to think that maybe a coworker came to work because they didn't have enough paid sick leave available and wouldn't be paid for a lost day or two? Many paid sick leave laws also include “safe time” or “safe leave” provisions, which grant paid sick leave rights to employees affected by domestic violence, sexual assault, or harassment. Under these laws, an employee can be allowed to take leave not only to receive medical care, but also to attend court proceedings, move, go to counseling appointments, or receive services from a victim services group. Generally, employees are protected from any retaliation by the employer when they request or use their sick leave hours.

Therefore, it's critical that your managers not only understand the laws and procedures they must follow when an employee submits an application for sick leave, but also understand that any negative reaction to a request could be considered retaliation by nature. Paid sick leave laws allow covered employees to take paid time off to receive medical care for themselves, a family member, or, in some states, a close friend. Most employers are required to grant paid sick leave to New Jersey workers, although the law has exceptions for construction workers who are covered by a collective bargaining agreement and healthcare workers who pay for daily allowances. If you have employees in any state or municipality that has paid sick leave laws, you must take all possible steps to ensure that you comply with those laws. The main difference between exempt and non-exempt employees is eligibility for overtime pay.

Exempt employees are not covered by the Fair Labor Standards Act (FSLA) and do not receive overtime pay, while non-exempt employees can. The following is a high-level overview of paid sick leave laws by state for private sector employers. Keep in mind that this list doesn't include all state laws; there are many more nuances to understand. States that are omitted have no laws regulating paid time off. Maine and Nevada have laws that require that accumulated and paid time off not be limited to sick time.

Paid sick leave depends on the state or municipality. Employers with at least five employees must provide paid sick leave to their employees working in Bloomington. Most employers are required to provide paid sick leave to employees who work primarily in Massachusetts. Employers with at least 50 employees in Connecticut (with some exceptions) must provide paid sick leave to non-exempt service workers.

Employers with at least six employees must provide paid sick leave to their employees who work in Minneapolis. Most private employers with at least 50 employees must provide their non-exempt employees in Michigan with paid sick leave. Texas, however, has no state laws that require private companies to offer paid sick leave. If you have to meet the requirements for paid sick leave, one of the main decisions you will have to make is whether your employees will accumulate their paid sick time based on the number of hours they work each week or if they will use a sick time bank that is anticipated at the beginning of each year. With this ordinance, Austin joins several state, county and local governments that have passed similar paid sick leave laws in recent months. Most employees who work in California for at least 30 hours a year are entitled to accrue one hour of paid leave for every 30 hours worked and to use 24 hours or three days a year. The table does not contain paid leave laws related to COVID-19 that are temporarily in effect in many states and localities.

Whether or not the employee chooses to take the PTO during their FMLA leave, the leave is still protected by the FMLA, so continued medical coverage and guaranteed work at the end of the leave apply. Following the expiration of the Families First Coronavirus Response Act (FFCRA), along with its mandate for employers to provide paid sick leave, state and local legislators stepped in to fill the gap. So now you may be wondering if there are any specific industries exempt from these rules? The answer is no; all employers must comply with these regulations regardless of industry type. It's important for employers to understand their obligations under these laws so they can ensure compliance and protect their business from potential legal action.

Tammy Staiano
Tammy Staiano

Avid internet junkie. Freelance twitter maven. Avid web fanatic. Proud travel practitioner. Lifelong bacon aficionado. Professional travel guru.

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