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Mandatory Paid Sick Leave

Traditionally, paid sick leave is just one component in compensation packages agreed upon by both employers and employees, much like salary, flexible hours, and responsibilities. However, mandatory paid sick leave is more than unconstitutional, it will have negative effects and consequences on the Texas economy, hinder employer-employee relationships, and infringe on employers’ and employees’ rights. Further, mandating this component would allow local governments the opportunity to regulate the operations of private businesses.


  • Enact broad-based preemption legislation that will preempt local governments from regulating conditions of employment.

Talking points for liberty fighters

  • The Texas Minimum Wage Act preempts local regulations that require private employers to pay regulations that require private employers to pay their employees more than the federal minimum wage.
  • The Third Court of Appeals held in Texas Association of Business, et al. v. City of Austin, that Austin’s mandatory paid sick leave ordinance violated the Texas Constitution.
  • The cost and consequences of mandating paid sick leave negatively affects employers, employees, and consumers.
  • Research shows that mandatory paid sick leave ordinances do not achieve their intended purposes of keeping employees from going to work when they are sick or improving public health.

Our stance on specific bills related to this issue

SB 15

As amended, the CERA preempts the patchwork quilt of local employment regulations and streamlines standards so that job creators can focus more on their businesses and less on bureaucratic tasks.

SB 2485, 2486, 2487, 2488

These pieces of legislation will ensure consistency and uniformity in employment regulations and allow private employers and employees to operate in an economy where they can freely negotiate the terms of employment.

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