Do Employers Have to Provide Paid Sick Leave for Temporary or Contract Workers in Austin, Texas?

Employees who work in Austin for at least 80 hours per calendar year are entitled to receive paid sick leave, and their employers must meet the requirements of the ordinance. This law applies to all employees, including part-time, full-time, temporary and seasonal workers, who work for a covered employer for at least 30 days. Airlines and employers with collective bargaining agreements may be exempt from providing paid sick leave. No federal or Texas law requires employers to pay for unused vacation time, although some courts have mandated such payments in certain cases.

Therefore, employers based outside of Austin must still grant sick leave to their employees. Employees can use their accumulated sick leave without any grace periods or restrictions. Employers must also explain how and at what rate sick leave is earned, whether it can be extended from one year to the next, and if they pay employees for unused sick leave when they leave the company. Government employees and those who work an average of less than 18 hours a week are not eligible for paid sick leave. The Family and Medical Leave Act 1993 (FMLA) requires employers with more than 50 employees to offer up to 12 weeks of unpaid leave per year.

Since employers have to pay 1 hour of sick leave for every hour worked, they actually pay more than the minimum wage to employees. The new ordinance could be subject to appeal if the courts permanently suspend it. Employers can limit the total accumulated paid sick leave to 48 hours if an employee extends the time. Colorado also has a temporary sick leave law, Public Health Emergency Leave (PHE), which is still in effect. Employers with six or more employees in Portland must offer paid sick leave. Under the Family and Medical Leave Act, employers with 50 or more employees located within 75 miles of an employee who is taking leave must offer up to 12 weeks of unpaid work-protected leave, provided that the employee meets certain eligibility conditions.

For a simpler policy than the previous one, see Accrued Vacation Payments in the article on the Texas Payday Act. Additionally, if an employee is entitled to accrued paid vacation pay and is subject to a court order for child or spousal support, the amount of wage withholding specified in the court order may need to be made with the amount corresponding to the payment of the leave. Employees can transfer up to 48 hours of unused paid sick leave to the following year if they don't use any in a year.