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Texas Sick Leave Laws: What Employers Must Provide (2025 Guide)

If you’re searching for information about Texas sick leave laws, here’s the most important fact you need to know: Texas has no state law requiring employers to provide paid or unpaid sick leave. Unlike states like California, New York, or Washington that mandate accrued sick time, Texas leaves sick leave policies entirely to employer discretion.

This guide explains what Texas employers are legally required to provide (very little), when federal FMLA protections apply, and what options exist if you need time off for illness.

Texas Sick Leave Requirements: The Reality

Texas is one of the most employer-friendly states when it comes to leave laws. The state legislature has consistently rejected attempts to mandate paid sick leave, and in 2019, Texas passed legislation that prevents cities from creating their own local sick leave ordinances.

No State-Mandated Paid Sick Leave

There is no Texas statute requiring private employers to offer:

  • Paid sick days
  • Accrued sick time based on hours worked
  • Unpaid sick leave (except as covered by FMLA)
  • Sick leave for part-time or temporary workers

What this means: An employer in Texas can legally fire you for missing work due to illness if you don’t have FMLA protection or a company sick leave policy. There is no state law preventing termination for health-related absences.

The Austin Ordinance: What Happened

In 2018, Austin passed a local ordinance requiring employers to provide paid sick leave. The ordinance would have required one hour of sick time for every 30 hours worked, capped at 64 hours per year for larger employers.

State preemption: In 2019, the Texas Legislature passed Senate Bill 2486, which prohibited cities and counties from mandating employee benefits, including paid sick leave. This effectively nullified Austin’s ordinance before it took full effect.

Current status: No city or municipality in Texas can require employers to provide paid sick leave. This authority rests solely with the state legislature, which has chosen not to exercise it.

How Texas Compares to Other States

The contrast with other states is stark:

California: Employers must provide at least 24 hours (3 days) of paid sick leave per year. Employees accrue one hour for every 30 hours worked.

New York: Employers with 5+ employees must provide up to 40 hours of paid sick leave annually.

Washington: All employees accrue one hour of paid sick leave for every 40 hours worked, with no employer size minimum.

Arizona, Colorado, Connecticut, Maryland, Massachusetts, Michigan, Nevada, New Jersey, Oregon, Rhode Island, Vermont: All have mandatory paid sick leave laws.

Texas: No state requirement. Sick leave is entirely voluntary.

When Federal FMLA Provides Sick Leave Protection

While Texas doesn’t mandate sick leave, the federal Family and Medical Leave Act (FMLA) does provide job-protected leave for serious health conditions. However, FMLA has significant eligibility limitations.

FMLA Eligibility Requirements

To qualify for FMLA protection in Texas, you must meet all three requirements:

  1. Your employer has 50 or more employees within a 75-mile radius
  2. You’ve worked for the employer for at least 12 months (not necessarily consecutive)
  3. You’ve worked at least 1,250 hours in the past 12 months (about 24 hours/week)

Critical gap: Approximately 40% of Texas workers are employed by businesses with fewer than 50 employees and therefore have no FMLA protection.

For complete details, see our guide to FMLA eligibility in Texas.

What Qualifies as a Serious Health Condition

Not every illness qualifies for FMLA protection. A serious health condition involves:

  • Inpatient care: Overnight hospital stays for treatment
  • Continuing treatment by a healthcare provider: Includes conditions requiring multiple treatments or ongoing care

Examples that typically qualify:

  • Cancer treatment and recovery
  • Pneumonia requiring hospitalization
  • Chronic conditions like diabetes, asthma, or epilepsy
  • Mental health conditions requiring ongoing treatment
  • Surgery and recovery requiring more than three days absence
  • Pregnancy complications

Examples that typically don’t qualify:

  • Common cold or flu (unless complications develop)
  • Routine dental work
  • Minor injuries not requiring professional treatment
  • Cosmetic procedures

FMLA Sick Leave Is Unpaid

Even if you qualify for FMLA, the leave is unpaid. You receive job protection and continuation of health benefits, but no income unless:

  • Your employer allows you to use accrued paid time off (vacation, sick days, PTO)
  • You have short-term disability insurance that covers the condition
  • Your employer voluntarily provides paid sick leave beyond legal requirements

This is another area where Texas differs dramatically from states like California, which provides State Disability Insurance paying 60-70% of wages for up to 52 weeks for serious medical conditions.

Employer Sick Leave Policies: What’s Common in Texas

Even though Texas doesn’t require sick leave, many employers offer it voluntarily to attract and retain talent.

Typical Employer Policies

Accrued sick time: Many employers offer 5-10 days of paid sick leave per year, either provided up front on January 1 or accrued throughout the year.

PTO banks: Some employers combine vacation, sick leave, and personal days into one “paid time off” bank that employees can use for any reason.

Unlimited sick leave: Some professional employers (tech companies, corporate offices) offer unlimited sick time, trusting employees to use it responsibly.

No sick leave: Small businesses, retail, food service, and hourly positions often provide no paid sick leave at all.

What to Check in Your Employee Handbook

If your employer offers sick leave, your employee handbook should specify:

  • How many sick days you receive per year
  • Whether sick time accrues or is front-loaded
  • Whether unused sick time carries over year-to-year
  • Whether the employer requires documentation (doctor’s note)
  • Whether sick time is paid out upon termination
  • Whether you can use sick leave for family members’ illnesses

No handbook requirement: Texas employers are not required to have an employee handbook. If your employer doesn’t provide written policies, you may have no sick leave rights at all.

Using the ADA for Leave as a Reasonable Accommodation

The Americans with Disabilities Act (ADA) can provide sick leave protection beyond FMLA in certain situations.

ADA Coverage

The ADA applies to employers with 15 or more employees (smaller threshold than FMLA’s 50-employee requirement). If you have a disability under the ADA, your employer may be required to provide unpaid leave as a reasonable accommodation.

Definition of disability: A physical or mental impairment that substantially limits one or more major life activities.

Examples:

  • Chronic conditions like lupus, multiple sclerosis, or Crohn’s disease
  • Mental health conditions like severe depression or PTSD
  • Cancer and ongoing treatment
  • Diabetes complications

When ADA Leave May Apply

ADA leave may be available when:

  • You don’t meet FMLA eligibility (wrong employer size, insufficient hours worked)
  • You’ve exhausted your 12 weeks of FMLA leave
  • You need intermittent leave for disability-related medical appointments
  • You need a modified schedule due to a disability

Important limitation: Unlike FMLA, the ADA doesn’t guarantee a specific amount of leave. Employers must provide leave as a reasonable accommodation unless it creates an undue hardship. What’s “reasonable” depends on the circumstances, including the size of the employer and the nature of your position.

Requesting ADA Accommodation

To request leave as an ADA accommodation:

  1. Notify your employer that you need leave due to a medical condition
  2. Provide medical documentation from your healthcare provider explaining your disability and need for leave
  3. Engage in an interactive process with your employer to determine reasonable accommodations
  4. Be specific about how much leave you need

No guarantee: Employers can deny ADA leave requests if they can show that the leave would create undue hardship or if you cannot perform the essential functions of your job even with accommodation.

Workers’ Compensation and Injury-Related Leave

If you’re injured on the job, Texas workers’ compensation insurance may provide wage replacement and job protection during recovery.

How Workers’ Comp Works

Coverage: Most Texas employers carry workers’ compensation insurance, though it’s not legally required in Texas (Texas is the only state where workers’ comp is optional for private employers).

Benefits: If your employer has workers’ comp insurance and you’re injured on the job:

  • You receive medical treatment at no cost
  • You receive wage replacement (typically 70% of your average weekly wage)
  • You have job protection during recovery (in most cases)

Non-subscribers: If your employer doesn’t carry workers’ comp insurance (called “non-subscribers”), you may be able to sue for workplace injuries, but you have no guaranteed wage replacement or job protection.

When to Use Workers’ Comp vs. FMLA

  • Work-related injury: File a workers’ comp claim
  • Non-work illness: Use FMLA (if eligible) or employer sick leave
  • Pregnancy: FMLA, not workers’ comp (unless injury occurs at work)

You can sometimes use both simultaneously. Workers’ comp provides wage replacement while FMLA provides job protection.

What Happens If You Don’t Have Sick Leave or FMLA Protection?

If you work for a small employer (fewer than 50 employees) and your company doesn’t offer sick leave, your options are limited:

Employer Discretion

Your employer may voluntarily grant you time off, but they’re not legally required to do so. Some small employers are accommodating, especially for valued employees. Others strictly enforce attendance policies.

Negotiate Unpaid Leave

You can request unpaid leave and see if your employer will hold your position. Get any agreement in writing.

Short-Term Disability Insurance

If you have private short-term disability insurance (often available through employers), it may provide income replacement for serious illnesses, even if you don’t have job protection.

Unemployment Benefits

If you’re terminated for excessive absences due to illness, you may qualify for unemployment benefits, especially if you can show the absences were beyond your control. However, if you quit due to illness, qualifying for unemployment is more difficult.

Legal Protections That Still Apply

Even without FMLA or sick leave laws, you’re protected from:

  • Discrimination based on disability: The ADA prohibits firing someone because of a disability
  • Retaliation for workers’ comp claims: It’s illegal to fire someone for filing a workers’ comp claim
  • Breach of contract: If your employee handbook promises sick leave, your employer must honor it

Pregnancy and Sick Leave in Texas

Pregnancy-related conditions are treated as temporary disabilities under the Pregnancy Discrimination Act (PDA).

What this means: If your employer provides sick leave or disability leave for other temporary conditions, they must provide the same for pregnancy-related conditions.

Example: If your employer allows employees recovering from surgery to use sick leave, they must also allow pregnant employees experiencing morning sickness or pregnancy complications to use sick leave.

For comprehensive information, see our guide to Texas pregnancy leave laws.

Frequently Asked Questions

Can my employer fire me for calling in sick in Texas?

If you don’t have FMLA protection and your employer doesn’t have a sick leave policy, yes. Texas is an at-will employment state, meaning employers can terminate employees for any reason not prohibited by law. Being sick (unless it qualifies as an ADA disability or FMLA serious health condition) is not a protected reason.

Do I have to provide a doctor’s note when I call in sick?

Only if your employer’s policy requires it. There’s no Texas law requiring doctor’s notes, but many employers have policies requiring documentation for absences exceeding a certain number of days (often 3 consecutive days).

Can I use sick leave to care for a family member?

It depends on your employer’s policy. Some employers allow sick leave for family care; others restrict it to the employee’s own illness. FMLA allows leave to care for a spouse, child, or parent with a serious health condition (if you qualify for FMLA).

Do employers have to pay out unused sick leave when I quit?

Not unless company policy or an employment contract requires it. Texas law doesn’t require payout of accrued sick time, unlike vacation time in some other states.

What if my employer promises sick leave but then refuses to let me use it?

If your employee handbook or employment contract promises sick leave, that creates a contractual obligation. You may have grounds for a breach of contract claim if your employer refuses to honor written policies.

Understanding Your Limited Rights in Texas

The lack of state-mandated sick leave laws in Texas puts workers at a significant disadvantage compared to employees in other states. Your rights depend heavily on:

  1. Your employer’s size (FMLA requires 50+ employees)
  2. Your work history (FMLA requires 12 months and 1,250 hours)
  3. Whether you have a disability (ADA protection)
  4. Your employer’s voluntary policies

Documentation is critical: If you need to take sick leave, document everything:

  • Keep copies of doctor’s notes and medical records
  • Submit leave requests in writing
  • Save all email communications with your employer
  • Document any adverse action taken against you

If you believe you were fired or disciplined unlawfully for taking sick leave, consult with an employment attorney. You may have claims under FMLA, the ADA, or breach of contract.

For related information, explore:

Return to the Texas Leave Laws Hub for a complete overview of leave rights in Texas.

Legal Disclaimer: This article provides general information about Texas sick leave laws and should not be construed as legal advice. Employment laws are complex and fact-specific. If you believe your rights have been violated or have questions about your specific situation, consult with a qualified employment law attorney.