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

Updated on July 29, 2019

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San Antonio, TX
Who is covered? Private sector workers who have worked within the City of San Antonio for at least 80 hours in a year. Independent contractors, unpaid interns, and government workers are exempted.
Can sick time be used to care for loved ones? Yes: children, spouses, parents, and any other individuals related by blood or whose close association with the employee is the equivalent of a family relationship.
How is “child” defined? Undefined
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)? Yes. Workers who work for employers with more than 15 employees can earn up to 64 hours of paid sick time per year. Workers who work for employers with fewer than 15 employees can earn up to 48 hours of paid sick time per year. The ordinance is effective for employers with 6 or more workers on August 1, 2019 but for smaller employers the effective date is August 1, 2021.)
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.) Workers who work for employers with more than 15 employees can earn up to 64 hours of paid sick time per year. Workers who work for employers with fewer than 15 employees can earn up to 48 hours of paid sick time per year. (Note that the ordinance is effective for employers with 6 or more workers on August 1, 2019 but for smaller employers the effective date is August 1, 2021.)
When do workers begin to earn paid sick time? The law provides that workers who work for employers with more than 5 employees will begin earning paid sick time at the commencement of employment or August 1, 2019, whichever is later, while workers who work for employers with 5 or fewer employees will begin earning paid sick time at the commencement of employment or August 1, 2021, whichever is later. New employees can be required to wait 60 days before using sick time, if the employer establishes that the employee's term of employment is at least one year. However, as a result of a legal challenge to the law by business groups and the Texas State Attorney General, the City has delayed implementation of the law until December 1, 2019. We will update this chart when we have further information.
Does unused sick time carry forward to the subsequent year? Workers can carry over to the following year unused earned sick time up to the applicable yearly cap based on the size of their employer. Carry forward is not required if the employer makes at least the yearly cap 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)? A CBA may modify the yearly cap as long as the modification is explicitly stated in the CBA.
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. 2018-08-16-0620 (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.
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