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Overview of Paid Sick Time Laws in the United States:
San Antonio, TX

Updated on April 1, 2020

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San Antonio, TX
Who is covered? *Important note: This law is not currently in effect due to a pending court challenge.*

Private sector workers who work within the City of San Antonio. Workers based outside of San Antonio for more than half of their work hours are covered if they work at least 240 hours within the city in a year. Independent contractors, paid and unpaid interns in established internship programs, and government workers are exempted.
Can sick time be used to care for loved ones? Yes: spouses, domestic partners, and significant others (regardless of gender); any other family member within the second degree of consanguinity or affinity; or a member of the worker’s household. This includes the worker’s or worker’s spouse’s parent, child, sibling, grandparent, or grandchild.
How is “child” defined? Undefined, although the law states that parenthood is liberally construed without limitation to include foster parents, same-sex parents, step-parents, those serving in loco parentis, and other persons operating in caretaker roles.
Can sick time be used for specific “safe time” purposes (related to domestic violence, sexual assault, or stalking)? Yes, when the worker or the worker's family member is a victim
Can sick time be used under the law to bond with a new child and/or deal with a family member’s death? Note: It is possible that other laws, such as the Family and Medical Leave Act or a state equivalent, could provide eligible workers with unpaid leave for these purposes. No.
Can sick time be used when a worker’s place of work or child’s school/place of care is closed by public health officials for a public health emergency? No.
Rate at which workers earn paid sick time? 1 hour for every 30 hours worked
Do workers have different sick time-related rights based on the size of their employer? If so, based on what employer-size threshold(s)? No.
Amount of paid sick time that can be earned under the law per year? (Note: All of these paid sick time laws make it clear that these laws establish a minimum requirement, and employers can provide greater or more generous paid sick time benefits to their workers.) All covered workers can earn up to 56 hours of earned sick time per year.
When do workers begin to earn paid sick time? Workers will begin earning sick time at the commencement of employment or December 1, 2019, whichever is later. Under an employer’s benefits eligibility period, new employees can be required to wait up to 90 days before using earned sick time.
Does unused sick time carry forward to the subsequent year? Workers can carry over to the following year up to 56 hours of unused earned sick time. Carry forward is not required if the employer makes at least 56 hours of earned sick time available at the beginning of the year.
Private Right of Action to go to Court? No.
Are there waivers/ exemptions for workers covered by a valid Collective Bargaining Agreement (CBA)? Yes, workers covered by a CBA are exempt from this ordinance.
What Agency or Official Enforces the Law? San Antonio Metropolitan Health District
For the statewide paid sick time laws: can cities in the state pass paid sick time laws that are broader than the state law? N/A
Statutory Citation(s) Ordinance No. 2019-10-03-0795 (to be codified under San Antonio City Code, Chapter 15, Article XI)
Additional Notes On August 16, 2018, the San Antonio City Council voted 9-2 to pass a paid sick time ordinance. Implementation of the original ordinance was delayed because of a lawsuit filed in July 2019. The Paid Sick Leave Commission submitted a revised ordinance for review. On October 3, 2019, the San Antonio City Council voted 8-3 to pass the Sick and Safe Leave Benefits ordinance with the amendments reflected in this chart. The effective date of the ordinance is December 1, 2019. *Important note: The law is not currently in effect due to a pending court challenge.*
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