What You Should Know About Texas Paid Sick Leave

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A Complete Guide to Texas Paid Sick Leave

What happens if you or your family member is unwell and you need to call in sick? Will your employer accept your request, force you to work when sick, or fire you for taking time off? The outcome depends on your company’s and state’s sick leave regulations.

This guide will explain Texas paid sick leave rules and show you how to create a sick leave request letter the easy way .

What Is the Sick Leave Policy in Texas for the Private Sector?

Texas law doesn’t require private-sector employers to grant paid or unpaid sick leave to their employees. While there is no statewide law regulating paid sick leave, three cities have attempted to establish it for private-sector employees:

  • Dallas
  • San Antonio
  • Austin

These attempts were met with a pushback from the government—Austin was prohibited from enforcing its sick paid leave regulations in June 2020 by the Texas Supreme Court.

As a private sector employee, you can get sick leave if:

  1. Your employer grants it as an employee benefit
  2. The company is covered by the Family and Medical Leave Act or the Emergency Paid Sick Leave Act

If your employer offers sick leave as an employee benefit, check the company policy for more details.

Family and Medical Leave Act

The Family and Medical Leave Act is a federal sick leave law applicable to both private and public sector employees. It mandates eligible employers to offer their employees up to 12 workweeks of sick leave in a 12-month period. The table below contains key points of the Family and Medical Leave Act (FMLA):

Covered Employer CriteriaEligible EmployeesUse of Sick Leave
  • 50 or more workers in a 75-mile radius
  • A K12 school with any number of employees
  • Has worked for a covered employer for at least 12 months
  • Has completed at least 1,250 work hours
  • Works in a company that has employed a minimum of 50 workers within 75 miles
  • Caring for a newborn or an adopted child
  • Caring for a child, parent, or spouse with a severe illness
  • Obtaining medical treatment for an illness that leaves you unable to perform your work duties

What Is the Sick Leave Policy in Texas for the Public Sector?

Like in other states, most public sector employees have access to paid sick leave. In Texas, public sector employees who are too sick to work are entitled to a paid sick leave as follows:

  • Eight hours for each month of employment for full-time workers
  • The accrual of sick leave starts during the first day of work
  • A worker can use the sick leave when injured, ill, expecting a child, or needing to take care of an ill immediate family member
  • The employer can request a doctor’s note from an employee for three or more days of sick leave

DoNotPay Helps You Draft a Sick Leave Request Letter Quickly

Does the mere thought of calling in sick make you fear that you’ll get fired or denied sick leave days? You don’t need to waste time writing emails or finding templates and samples of sick leave letters. Our AI-powered app will collect your information—company location, the illness, and the number of sick leave days required—to check the sick leave laws that can apply to your case. All you need to do is:

  1. and search for the Request Sick Leave tool
  2. Answer the brief questionnaire
  3. Choose whether you would like DoNotPay to:
    1. Send the letter to you
    2. Forward the letter to your employer directly

Have you been unlawfully denied sick leave or got fired because you became sick at work and requested time off? You can send demand letters to your employer in small claims court easily with DoNotPay’s help!

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