What Are the Limits on Sick Leave Accrual in Austin, Texas?

Learn about limits on accrual of sick leave in Austin Texas and how employers must comply with applicable laws.

What Are the Limits on Sick Leave Accrual in Austin, Texas?

The time earned due to illness is carried over to the following year, up to the annual limit of 48 or 64 hours, depending on the size of the employer. Sick time off is not subject to the new employee's trial period. You are eligible to use sick time after your first day of employment. To request sick time off, follow your department's time off request procedures and HOP 5-4210, sick leave.

Absences that last longer than three days or are expected to occur intermittently for the same reason over a period of time may be eligible under the Family and Medical Leave Act (FMLA). You can request an FMLA package at any time, and your department can ask the Leave Administration to send you an FMLA package based on your request to use sick leave. Unused sick time is carried over to the next fiscal year. There is no limit to the number of hours you can work from year to year. Unlike accumulated sick time, donated sick time is not eligible to be transferred to another state agency or to be transferred to an estate in the event of the beneficiary's death.

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. Donated sick time may be tax-exempt if the beneficiary is the donor's legally married spouse or if the need for sick leave is considered a medical emergency under IRS guidelines and the beneficiary has exhausted all of their paid time off. To accept sick time donated by an individual, send a full sick time donation to the beneficiary (online).Your job is even more difficult if your company operates in several states or localities, each of which may have their own paid sick leave laws. If you're appointed to work part-time (20 hours or more, but less than 40 hours a week), you'll gain sick time in proportion to your appointment.

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 becoming the first city in southern states to pass a paid sick leave law, Austin joins other cities in the country that already have such an ordinance. You can donate sick time to another employee who qualifies to work at UT Austin if the beneficiary has exhausted their balance of sick time off, including any time the employee may be entitled to leave the Sick Leave Fund (SLP). Employers are not required to grant an employee sick leave in excess of the applicable annual limit (e.g., if you are the recipient of sick time donated by an individual, the leave administration will notify you). Employers cannot require an employee to find a replacement to cover accumulated sick hours as a condition for using accumulated sick time. In the meantime, employers should review the compliance requirements set out in the new ordinance, including the new reporting and record-keeping obligations.

If you have employees in any state or municipality that have laws regarding paid sick leave, you must take all possible steps to ensure that you comply with those laws.

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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