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Texas Paid Sick Leave (2026)
Verified as of August 18, 2026
- State paid-sick requirement
- No. Texas has no state paid-sick-leave law, and no enforceable local one either
- The law
- None. Texas courts struck down the city ordinances; see below.
- Annual amount (state floor)
- None required.
- How leave is earned
- None required.
- Depends on employer size?
- Not applicable.
- What it can be used for
- Not applicable. Many Texas employers still offer paid sick time as a matter of policy, but it is not required by law.
- Wait before first use
- Not applicable.
City and county ordinances
- Austin, San Antonio, and Dallas each passed a paid-sick-leave ordinance, and Texas courts blocked all three. The reasoning is that the Texas Minimum Wage Act treats a mandate like paid sick leave as a regulation of wages, and state law does not allow a city to set wage rules of that kind.
- Austin's ordinance was stopped before it ever took effect (Texas Association of Business v. City of Austin, No. 03-18-00445-CV), and the Texas Supreme Court declined to review the decision. Dallas's ordinance was permanently blocked by a federal court in 2021 (ESI/Employee Solutions, LP v. City of Dallas, No. 4:19-cv-00570, E.D. Tex.).
- A 2023 state law, the Texas Regulatory Consistency Act (HB 2127), adds a broader limit on local ordinances in areas the state has chosen to occupy, including labor. An appeals court left that law in place in 2025, and a group of cities has asked the Texas Supreme Court to review that decision, so the last word on the broader law is still to come.
Frequently asked questions
- Does Texas require paid sick leave?
- No. Texas has no state paid-sick-leave law, and the city ordinances that Austin, San Antonio, and Dallas passed are not in effect: Texas courts blocked all three. Many Texas employers still offer paid sick time as a matter of policy, but it is not required by law.
- Are the Austin, San Antonio, or Dallas sick leave ordinances in effect?
- No. Austin's ordinance was stopped before it ever took effect (Texas Association of Business v. City of Austin), and the Texas Supreme Court declined to review that decision. Dallas's ordinance was permanently blocked by a federal court in 2021 (ESI/Employee Solutions, LP v. City of Dallas). San Antonio's is likewise not in effect.
- Can Texas cities require paid sick leave?
- Under the court decisions to date, no. The courts' reasoning is that the Texas Minimum Wage Act treats a paid-sick-leave mandate as a regulation of wages, which state law does not allow cities to impose. A 2023 statute, the Texas Regulatory Consistency Act (HB 2127), adds a broader limit on local ordinances in fields the state occupies, including labor; an appeals court left it in place in 2025, and review has been sought in the Texas Supreme Court.
Primary sources, verified as of August 18, 2026: Texas Minimum Wage Act (Labor Code ch. 62) · Texas Workforce Commission
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