City of San Antonio May Delay Paid Sick Leave Ordinance Implementation

San Antonio Delays Paid Sick LeaveWith less than two weeks before the effective date of San Antonio’s Paid Sick Leave Ordinance, the City has agreed to review the Ordinance and possibly delay the implementation date. On July 15, 2019, a business coalition initiated an action in Bexar County to challenge the San Antonio Paid Sick Leave Ordinance, arguing that it is unconstitutional. The City will hold a hearing on this matter tomorrow, July 24, 2019.

As you may recall, the San Antonio Paid Sick Leave Ordinance will provide employees with the ability to accrue and use earned paid sick leave if an employee needs to be absent from work because the employee or the employee’s family member experiences illness, injury, stalking, domestic abuse, sexual assault or otherwise requires medical or health care, including preventative care and mental healthcare. The Ordinance is scheduled to take effect on August 1, 2019 for all employers with six or more employees at any time in the preceding 12 months. For employers who have five or fewer employees at any time in the preceding 12 months, the Ordinance is scheduled to take effect August 1, 2021.

An employer must provide an employee one hour of earned paid sick time for every 30 hours worked for the employer in the City. An employer with 1-15 employees in the preceding 12 months must provide a minimum of 48 hours of paid sick leave per year for its employees. An employer with 16 or more employees in the preceding 12 months must provide a minimum of 64 hours of paid sick leave per year for its employees. Accrual of paid sick leave hours begins after an employee has worked 80 hours for an employer in the City.

Depending on the outcome, covered employers may have additional time to prepare for the new law.  CPC will continue to follow this matter. Make sure to visit our website for new developments.