Texas Paid Sick Leave: No State Mandate But Know Your Rights (2026)

If you're sick or need to care for a sick family member in Texas, you might wonder whether your employer is required to provide paid sick leave. Here's the direct answer: Texas has no state law requiring employers to provide paid sick leave.

Furthermore, Texas courts struck down local paid sick leave ordinances in Austin, Dallas, and San Antonio, leaving Texas workers without any state or local mandates for paid sick time. However, you still have some protections under federal law and many employers voluntarily offer sick leave benefits.

This guide explains the current legal landscape, what protections exist, employer policies, and your options when you need time off for illness.

Texas Paid Sick Leave: The Current Legal Reality

No State Law

Texas does not require employers to provide paid sick leave. This means:

• Private employers can choose whether or not to offer sick leave
• Employers who offer sick leave can set their own policies on accrual rates, usage, and reasons
• There's no minimum amount of sick leave required
• Employers can require employees to work while sick (unless doing so violates other laws like ADA or FMLA)

Local Ordinances Struck Down

Several Texas cities attempted to mandate paid sick leave, but these ordinances were invalidated by courts.

Austin Paid Sick Leave Ordinance (2018):

• Would have required businesses with 15+ employees to provide paid sick leave
• Struck down by Texas Court of Appeals in 2019
• Texas Supreme Court upheld the ruling in 2021

San Antonio Paid Sick Leave Ordinance (2018):

• Similar requirements to Austin's ordinance
• Also struck down by courts

Dallas Paid Sick Leave Ordinance (2019):

• Would have required up to 64 hours of paid sick leave annually
• Blocked before taking effect
• Ultimately invalidated

Legal Reasoning:

• Courts ruled that paid sick leave ordinances conflict with state law
• Texas Minimum Wage Act preempts local wage and benefit mandates
• Cities lack authority to regulate employment benefits beyond state law

Current Status: As of 2026, no Texas city has enforceable paid sick leave requirements.

What This Means for Texas Workers

You have no legal right to paid sick leave in Texas unless:

• Your employer voluntarily provides it as a benefit
• You're covered by a union contract requiring it
• You qualify for federal protections (FMLA, ADA, etc.) that provide unpaid leave

Federal Protections That May Apply

While Texas doesn't mandate paid sick leave, several federal laws provide limited protections.

Family and Medical Leave Act (FMLA)

Provides unpaid leave for serious health conditions (not minor illnesses).

Eligibility:

• Work for employer with 50+ employees within 75 miles
• Worked 12+ months for the employer
• Worked 1,250+ hours in the past 12 months

Coverage:

• Your own serious health condition (conditions requiring inpatient care, continuing treatment by healthcare provider, chronic conditions)
• Caring for spouse, child, or parent with serious health condition
• Up to 12 weeks unpaid, job-protected leave per year

What FMLA Does NOT Cover:

• Common illnesses like colds, flu (unless they develop into serious conditions)
• Minor medical appointments
• Caring for extended family members (grandparents, siblings, in-laws)
• Short-term illnesses that don't require continuing treatment

See our detailed Texas FMLA Guide for more information.

Americans with Disabilities Act (ADA)

Requires reasonable accommodations for disabilities, which may include leave.

Applies to:

• Employers with 15+ employees
• Employees with disabilities (physical or mental impairments substantially limiting major life activities)

Potential Accommodations:

• Unpaid leave beyond FMLA if it's a reasonable accommodation
• Modified work schedule for medical appointments
• Remote work during recovery
• Part-time schedule during treatment

Not Covered:

• Short-term illnesses that aren't disabilities
• Minor health issues

COVID-19 Emergency Paid Sick Leave (Expired)

The federal Emergency Paid Sick Leave Act (EPSLA) expired December 31, 2020. It is no longer in effect, and Texas employers are not required to provide COVID-related paid sick leave unless they voluntarily choose to do so.

Some employers have continued COVID sick leave policies voluntarily.

What Texas Employers Typically Offer

Even without legal requirements, many Texas employers provide sick leave as a competitive benefit to attract and retain employees.

Common Sick Leave Policies

Accrual-Based Sick Leave:

• Employees earn sick hours based on hours worked
• Typical rate: 1 hour of sick leave per 30-40 hours worked
• Often caps at 40-80 hours per year
• May roll over year to year (or may have "use it or lose it" policies)

Front-Loaded Sick Leave:

• Employer provides full annual sick leave allotment on January 1 or hire date
• Typical amount: 40-80 hours per year
• May require repayment if you leave before earning it

Unlimited Sick Leave:

• Growing trend, especially in tech and professional services
• No set number of days; use as needed
• Requires manager approval and good-faith use

PTO (Paid Time Off) Banks:

• Combines vacation, sick leave, and personal days into one pool
• Employees use PTO for any reason
• More flexibility but may discourage taking sick days if it cuts into vacation time

What Sick Leave Typically Covers

Common permitted uses:

• Your own illness or injury
• Medical, dental, or preventive care appointments
• Caring for sick child, spouse, or sometimes other family members
• Illness of child's caregiver (requiring you to arrange alternative care)

Some employers also allow sick leave for:

• Mental health days
• Caring for elderly parents or in-laws
• Bereavement (though often in separate policy)
• Domestic violence, sexual assault, or stalking situations

Check your employee handbook for specifics.

Company Size and Industry Differences

Large Employers (500+ employees):

• More likely to offer paid sick leave (about 90% provide some form)
• Often more generous policies

Small Employers (fewer than 100 employees):

• Less likely to offer paid sick leave (about 60-70% provide)
• May offer PTO instead of separate sick leave

Industries with High Sick Leave Offerings:

• Professional services (law, consulting, finance)
• Technology
• Healthcare (for administrative and non-clinical staff)
• Government and education

Industries with Lower Sick Leave Offerings:

• Retail
• Food service and hospitality
• Construction
• Personal services

How to Find Out Your Employer's Policy

Review Your Employee Handbook

Look for sections on:

• Sick leave or paid time off
• Attendance policies
• Leave of absence policies

Key questions to answer:

• Does your employer offer sick leave?
• How much do you accrue or receive?
• What can you use it for (own illness, family care)?
• Do you need documentation (doctor's note)?
• Does it roll over or expire?
• Are you paid out for unused sick leave when you leave the company?

Ask Human Resources

If the handbook is unclear or you don't have access, contact HR:

• Request a copy of the sick leave policy
• Ask about eligibility (some employers have waiting periods)
• Clarify documentation requirements

Check Your Pay Stub or HR Portal

Many employers show accrued sick leave on pay stubs or online employee portals.

What to Do When You Need Sick Leave

If Your Employer Offers Paid Sick Leave

Follow company procedures:

1. Notify your supervisor as soon as possible (check policy for how far in advance or if same-day notice is acceptable)
2. Follow call-in procedures (phone call, email, online system)
3. Provide doctor's note if required (many employers require notes for absences over 3 consecutive days)
4. Submit time-off request through proper channels

Tips:

• Keep copies of doctor's notes and communications
• Don't abuse sick leave (can result in discipline or termination)
• Understand any "occurrence" or point systems your employer uses for attendance

If Your Employer Doesn't Offer Paid Sick Leave

Options:

1. Request unpaid leave:

   • Ask your supervisor if you can take unpaid time off
   • Explain the situation and when you expect to return
   • Get approval in writing if possible

2. Use FMLA if you qualify:

   • If your illness qualifies as a serious health condition
   • Provides job protection even though it's unpaid
   • Requires medical certification

3. Request ADA accommodation if you have a disability:

   • Unpaid leave may be a reasonable accommodation
   • Discuss with HR and provide medical documentation

4. Negotiate flexible work:

   • Work from home if you're contagious but able to work
   • Modified schedule to attend medical appointments
   • Make up hours on another day

5. Use vacation or PTO if available:

   • Some employers allow vacation time for sick days
   • Preserves income even if it's not designated "sick leave"

Documentation Requirements

Doctor's Notes:

• Texas law doesn't specify when employers can require a doctor's note
• Employers can require notes for any absence, but most require them for:
  • Absences of 3+ consecutive days
  • Patterns of suspicious absences (Mondays, Fridays, after holidays)
  • Return-to-work certification after serious illness

What a Doctor's Note Should Include:

• Confirmation that you sought medical care
• Dates you're unable to work
• Any work restrictions upon return
• Doctor's signature

What it should NOT include (to protect your privacy):

• Specific diagnosis or condition
• Detailed medical information
• Unnecessary personal health details

HIPAA Protection:

• Employers cannot directly contact your doctor without your written authorization
• You control what medical information is shared with your employer

Protections Against Retaliation

When You Can't Be Fired for Taking Sick Leave

You're protected from termination if:

1. You're using FMLA leave for a serious health condition

   • Employer cannot fire, demote, or retaliate
   • Must restore you to same or equivalent position

2. You're requesting ADA accommodation for a disability

   • Firing you for requesting accommodation may be disability discrimination

3. You're exercising a legal right

   • Reporting a workplace safety violation (OSHA)
   • Filing a workers' compensation claim for work injury
   • Reporting illegal activity (whistleblower protection)

4. You're discriminated against due to a protected characteristic

   • If you're treated differently for absences related to pregnancy, disability, religion, etc.

At-Will Employment Limitations

Texas is an at-will employment state, meaning employers can generally fire employees for any reason not prohibited by law.

However, employers CANNOT fire you for:

• Taking FMLA leave (if you qualify)
• Having a disability and requesting accommodation
• Being pregnant or taking pregnancy-related leave
• Exercising legal rights (workers' comp, wage claims, safety complaints)
• Discriminatory reasons based on race, sex, religion, age, national origin, disability

Employers CAN fire you for:

• Excessive absenteeism (if not protected by FMLA or ADA)
• Violating attendance policies
• Failing to follow call-in procedures
• Dishonesty about reasons for absence (calling in "sick" when you're not)

Employer Best Practices (What Good Employers Do)

Even without legal requirements, responsible Texas employers recognize the value of sick leave policies.

Why Employers Offer Sick Leave

Public health benefits:

• Sick employees spread illness to coworkers and customers
• Offering sick leave reduces workplace disease transmission

Productivity benefits:

• Sick employees are less productive and make more mistakes
• Allowing recovery time leads to faster return to full productivity

Retention and recruitment:

• Sick leave is a competitive benefit in tight labor markets
• Attracts higher-quality candidates

Reduced healthcare costs:

• Preventive care and early treatment reduce serious illnesses
• Lower health insurance claims

Progressive Sick Leave Policies Include

• Accrual from day one (no waiting period)
• Family care coverage (children, spouses, parents)
• Mental health days explicitly permitted
• No doctor's note required for short absences (1-2 days)
• Rollover provisions allowing unused sick time to carry over
• No "use it or lose it" penalties
• Partial payout upon termination for unused sick leave

Advocacy for Paid Sick Leave in Texas

Legislative Efforts

State Level:

• Multiple bills introduced in Texas Legislature proposing statewide paid sick leave
• None have passed as of 2026
• Strong opposition from business groups

Federal Level:

• Proposals for national paid sick leave standards
• Healthy Families Act (reintroduced multiple times, not yet passed)
• Some Democrats support federal mandate

How to Advocate

At your workplace:

• Discuss benefits with HR or management
• Organize with coworkers to request sick leave policy
• Highlight business benefits (productivity, retention)

In your community:

• Contact Texas state legislators to support paid sick leave bills
• Support advocacy organizations:
  • Texas AFL-CIO
  • Every Texan
  • Texas Fair Work Center
  • Workers Defense Project

Nationally:

• Contact U.S. Senators and Representatives to support federal paid sick leave
• Support organizations like National Partnership for Women & Families

Frequently Asked Questions

Is paid sick leave required in Texas?

No. Texas has no state law requiring employers to provide paid sick leave. Local ordinances in Austin, San Antonio, and Dallas that would have mandated paid sick leave were struck down by Texas courts. Whether you receive paid sick leave depends entirely on your employer's voluntary policy.

Can I be fired for calling in sick in Texas?

Generally, yes, unless you're protected by FMLA, ADA, or another law. Texas is an at-will employment state, and without a legal protection, employers can terminate you for absences. However, if you have a serious health condition qualifying for FMLA or a disability under the ADA, you have protections. Always follow your employer's call-in procedures.

How many sick days do Texas employees get?

There's no legal standard. It varies completely by employer. Common policies provide 5-10 days (40-80 hours) of sick leave per year, either accrued or front-loaded. Some employers offer unlimited sick leave, while others offer none. Check your employee handbook for your specific policy.

Do part-time employees get sick leave in Texas?

This depends on the employer's policy. Many employers exclude part-time employees from sick leave benefits, or provide prorated sick leave based on hours worked. Some progressive employers provide sick leave to all employees regardless of full-time or part-time status.

Can my employer require a doctor's note for sick leave in Texas?

Yes. Employers can require a doctor's note for any sick leave absence, though most only require notes for absences of 3+ consecutive days or patterns of suspicious absences. However, employers cannot request your medical records directly from your doctor without your written authorization under HIPAA.

What is the Austin paid sick leave ordinance status?

The Austin paid sick leave ordinance was struck down by the Texas Court of Appeals in 2019, and the Texas Supreme Court upheld that decision in 2021. It is not in effect and employers in Austin are not required to provide paid sick leave under local law.

Can I use sick leave to care for a sick child in Texas?

This depends on your employer's sick leave policy. Many employers allow sick leave to care for a sick child, but it's not legally required in Texas. If your child has a serious health condition, you may qualify for FMLA leave (unpaid) to care for them. Check your employee handbook.

Do I get paid out for unused sick leave when I quit in Texas?

Texas law doesn't require payout of unused sick leave. Whether you receive payout depends on your employer's policy. Many employers do NOT pay out sick leave (unlike vacation), treating it as a "use it or lose it" benefit. PTO policies are more likely to provide payout. Check your handbook.

Can my employer deny my sick leave request?

If your employer offers sick leave, they generally cannot deny a legitimate request if you're using it according to policy. However, they can discipline you for excessive absenteeism or for violating attendance procedures. If you're taking FMLA-qualifying leave, they cannot deny it (though they can require proper certification).

The Bottom Line

Texas workers face a challenging reality regarding sick leave:

• No state or local mandates for paid sick leave after courts struck down city ordinances
• Reliance on employer policies for any paid sick time
• Federal FMLA and ADA provide limited unpaid leave protections for serious conditions
• Wide variation in what employers offer, with many offering no paid sick leave at all

Best practices:

• Review your employee handbook to understand your benefits
• Follow company call-in procedures carefully
• Document medical needs when taking leave
• Understand FMLA and ADA protections if you have a serious health condition
• Advocate for better policies at your workplace and in your community

While the legal landscape in Texas doesn't favor mandatory sick leave, the tide is slowly turning as more employers recognize the business value and public health importance of allowing workers to stay home when they're sick.

Related Texas Leave Law Pages:

• Texas Family and Medical Leave Act (FMLA) Guide
• Texas Paid Family Leave: No State Law But Options Exist
• Texas Disability Discrimination and ADA Rights

Legal Disclaimer: This information is for educational purposes only and does not constitute legal advice. Employment leave laws and employer policies are complex and vary by employer and individual circumstances. Consult with a qualified employment attorney for advice about your specific situation. For questions about FMLA rights, contact the U.S. Department of Labor at 1-866-487-9243.