Last updated on: February 22nd, 2022
Hours & Pay Regulations
No Texas or federal law requires private-sector employers to provide paid or unpaid annual leave of any kind, although some amount of unpaid leave may be necessary as a reasonable accommodation in the event of a disability, pregnancy, or other condition protected under specific statutes.
The state minimum wage rate matches the federal minimum wage, currently $7.25 per hour as of January 1, 2020. The State law excludes from coverage any employment that is subject to the federal Fair Labor Standards Act.
The above information on minimum wages might not be up to date & subject to change. Kindly access the DOL website for the current rates.
With the exception of leaves of absence for military duty, no leave of absence, by itself or in combination with other periods of leave, may last longer than six months. Any employee who for any reason or combination of reasons misses a total of six months of work in a twelve-month period, or a total of nine months of work in an eighteen-month period, will be separated from employment due to unavailability for work, subject to any reasonable accommodation duties the company may have under the ADA or similar law. Any employee so separated will be eligible for rehire and will be able to apply for any vacancies that may exist at any given time, depending upon qualifications and availability of job openings.
- Resides in the same household as the employee; and
- Is under the conservatorship of the Department of Family and Protective Services.
- 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.
State employees are allowed 30 days of paid leave for organ donation and 5 working days paid leave for bone marrow. (§661.916).
Sick & Safe Leave Benefit in San Antonio
The San Antonio, Texas City Council has approved revisions to the city’s sick and safe leave ordinance number 2019-10-03-0795, which is now scheduled to take effect on December 1, 2019.
While sick and safe leave begins to accrue from the first working day for new employees, employers may require that new employees wait up to 90 days before using any accrued time. Employers subject to the Railway Labor Act are exempt from coverage under the law.
A modified accrual schedule for sick and safe leave will apply across all businesses, regardless of size. Specifically, employees will be eligible to accrue one hour of paid sick and safe leave for every 30 hours worked, up to 56 hours per year.
An employer may not request medical documentation or other verification of the use of paid sick or safe leave under the ordinance until an employee’s fourth consecutive day of using leave. Employers may also request documentation where they reasonably suspect abuse of sick and safe leave.
An employer is not required to pay out the balance of sick and safe leave to an employee upon separation from employment. However, if an employer chooses to pay out the balance of sick and safe leave to an employee upon separation from employment, the employer is not required to reinstate any sick and safe leave upon the rehiring of the employee.