Dallas, TX: All Employers Are Required to Implement Paid Sick Leave

Beginning August 1, 2019, Dallas employers with six or more employees will be required to provide paid sick leave (PSL) to employees; employers’ with five or less employees will be required to comply with the new rules beginning August 1, 2021.

• Who is Eligible? Employees who perform at least 80 hours of work within the City of Dallas in a year, including work performed through a temporary or employment agency. Independent contractors are not eligible.
• How is PSL earned? Employees must receive one hour of PSL for every 30 hours worked, accruing in one hour unit increments (unless an employer’s written policy states that accrual is in increments of a fraction of an hour). PSL begins accruing at the commencement of employment.
• How much PSL must be provided? Employers with more than 15 employees at any time in the preceding 12 months must provide employees with at least 64 hours of PSL per year, and employers with 15 or less employees must provide employees with at least 48 hours of PSL per year.
• How can PSL be used? Employers may restrict employees from using PSL during the employee’s first 60 days of employment if the employer establishes that the term of the employment is at least one year. PSL can be used for the employee’s health care, for a family member’s health care, or in connection with the employee or family member being a victim domestic abuse, sexual assault, or stalking.
• What documentation can be requested? An employer can adopt reasonable verification procedures for the reason for taking PSL for absences of more than three consecutive work days. However, employers may not require an employee to explain the nature of the reason for taking PSL.
• Must PSL be carried over? Accrued, unused PSL must carry over to the following year, except where the total PSL is frontloaded at the beginning of each year.
• What are the notice and documentation requirements? Employees must make a “timely request” for PSL before their scheduled work time, unless PSL is needed for an unforeseen qualified absence. Employers must provide a statement of employees’ available PSL at least monthly. If the employer maintains an employee handbook, a notice of employee’s rights and remedies must be included. Employers are required to post PSL requirements in a conspicuous place where notices to employees are customarily posted.
• Must PSL be reinstated on rehire? Employees rehired within six months of termination must have their earned PSL available at the time of termination reinstated upon rehire.

Employers are also prohibited from retaliating against employees for exercising PSL rights. Failure to comply with the new law is punishable by a civil fine up to $500 for each violation. Penalties will not be assessed until April 1, 2020.

Last year, Austin’s paid sick leave law, on which the Dallas ordinance was modeled, was put on hold pending a final adjudication of its constitutionality. Additionally, there is a bill currently pending in the Texas legislature that would prohibit localities from implementing their own paid sick leave laws. Thus, it remains to be seen whether the Dallas ordinance, as well as the San Antonio paid sick leave rules also set to take effect on August 1, 2019, will ultimately move forward. Continue to look for updates on this topic as the effective date draws near.