Paid Sick Leave

​EMPLOYEE RESOURCES

​ESI/Employee Solutions LP, Hagan Law Group LLC, and the State of Texas sued the City of Dallas in the Eastern District of Texas and sought an injunction to halt the implementation of the City of Dallas Paid Sick Leave Ordinance and sought a declaration that the ordinance invalid. On March 31, 2021, the federal district court has now determined that the Paid Sick Leave Ordinance is preempted by the Texas Minimum Wage Act and is in violation of the Texas Constitution.  The Court has declared that the Paid Sick Leave Ordinance is, therefore, permanently enjoined and unenforceable against any person, business, or other entity.  

What is the Earned Paid Sick Time Ordinance?

  • Starting on August 1, 2019 for employers with 6 or more employees and on August 1, 2021 for employers with 5 or fewer employees, employees who work at least 80 hours within geographic boundaries of the City of Dallas in a year are entitled to earned paid sick time for work completed in the City of Dallas. This includes part-time, salaried, and seasonal employees.
  • Earned Paid Sick Time is access to paid time off work for:
    • An employee's physical or mental illness, physical injury, preventative medical or health care, or health condition;
    • An employee's need to care for a family member's physical or mental illness, physical injury, preventative medical or health care, or health condition; or
    • An employee's or family member's need to seek medical attention, seek relocation, obtain services of victim services organization, participate in legal or court-ordered action related to an incident of victimization from domestic abuse, sexual assault, or stalking.
  • Employees earn 1 hour of earned paid sick time for every 30 hours worked in the City of Dallas, up to 48 hours for employers with 15 or fewer employees and 64 hours for employers with 16 or more employees. An employer also has the option to give an employee all of their hours for the year upfront (front-load).

What is my employer required to do?

  • An employer must post the Earned Paid Sick Time Ordinance posters in English, Spanish, and other languages primarily spoken by employees.
  • At least once a month, an employer must give each employee a statement with their earned paid sick time balance.
  • An employer must let an employee use their available earned paid sick time, but the employee still has the obligation to communicate with the employer.
  • An employer may not request verification that the employee uses their earned paid sick time for a use permitted by the Ordinance until after the employee misses their 3rd consecutive workday.
  • An employer may not retaliate (e.g., discipline, transfer, demote, discharge, suspend, reduce hours, discourage, or directly threaten such action, etc.) against an employee because that employee requests or uses earned paid sick time, reports or attempts to report a violation, participates or attempts to participate in an investigation or proceeding under the Ordinance or accompanying Rules, or otherwise exercise or attempts exercise any rights under the Ordinance or Rules.

Who do I contact if I have questions or if I want to file a complaint?

  • If you have questions, you can explore the rest of the webpage or you can contact the Office of Fair Housing and Human Rights.
  • File a complaint.

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