LOCALITY: Austin, Texas

New Paid Sick Leave Requirements Go Into Effect

Effective today, October 1, 2018, an employee will be entitled to 1 hour of earned sick time for every 30 hours worked. The ordinance applies to all employers within the City of Austin. Earned sick time shall be granted in 1-hour increments and shall not be required to be granted in increments of less than an hour. Earned sick time shall accrue starting at the commencement of employment or effect October 1, 2018, whichever is later. An employee may request earned sick time from an employer for an absence from the employee’s scheduled work time caused by:

• The employee’s physical or mental illness or injury, preventative medical or health care, or health condition; or
• The employee’s need to care for a family member’s physical or mental illness, preventative medical of health care, injury, or health condition; or
• The employee’s need to seek medical attention, seek relocation, obtain services from a victim services organization, or participate in legal or court-ordered action related to an incident of victimization from domestic abuse*, sexual assault*, or stalking involving the employee or employee’s family member.

An employer may adopt reasonable verification procedures to establish that an employee’s request for earned sick time meets the requirements for a request to use earned sick time for more than 3 consecutive workdays.

The yearly caps for earned sick time under this law are:

• 64 hours per employee per year for a medium or large employer; and
• 48 hours per employee per year for a small employer.

All available earned sick time up to the yearly cap shall be carried over to the following year. This law does not require an employer to allow an employee to use earned sick time on more than eight days in a calendar year.

On no less than a monthly basis, an employer shall provide electronically or in writing to each employee a statement showing the amount of the employee’s available earned sick time. An employer may restrict an employee from using earned sick time during the employee’s first 60 days of employment with the employer if the employer establishes that the employee’s term of employment is at least one year.

* As defined in the ordinance.