EARNED SICK TIME.

Austin City Code tit. 4, ch. 4-19

in effect

Austin City Code § 4-19-2 EARNED SICK TIME STANDARDS.

§ 4-19-2 - EARNED SICK TIME STANDARDS. (A) An employer shall grant an employee one hour of earned sick time for every 30 hours worked for the employer in the City of Austin. Earned sick time shall be granted in one-hour increments, and shall not be granted in increments of a fraction of an hour. (B) Earned sick time shall accrue starting at the commencement of employment or the date this Chapter is effective, whichever is later. (C) Earned sick time shall be available for an employee to use in accord with this Chapter as soon as it is accrued. Provided, that an employer may restrict an employee from using earned sick time during the employee's first 60 days of employment with the employer if the employer establishes that the employee's term of employment is at least one year. (D) An employee may request earned sick time from an employer for an absence from the employee's scheduled work time caused by: (1) the employee's physical or mental illness or injury, preventative medical or health care, or health condition; or (2) the employee's need to care for a family member's physical or mental illness, preventative medical or health care, injury, or health condition; or (3) the employee's need to seek medical attention, seek relocation, obtain services from a victim services organization, or participate in legal or court ordered action related to an incident of victimization from domestic abuse, sexual assault, or stalking involving the employee or employee's family member. (E) An employer may adopt reasonable verification procedures to establish that an employee's request for earned sick time meets the requirements of Part (D) of this Section for a request to use earned sick time for more than three consecutive work days. (F) An employer shall provide earned sick time for an employee's absence from the employee's scheduled work time if the employee has available earned sick time and makes a timely request to use earned sick time before their scheduled work time. An employer may not prevent an employee from using earned sick time for an unforeseeable qualified absence as established in Part (D) of this Section. (G) This Chapter does not require an employer to provide an employee with more earned sick time in a calendar year than the yearly cap provided in this Part. This Chapter does not require an employer to allow an employee to accrue more than the yearly cap of earned sick time. All available earned sick time up to the yearly cap shall be carried over to the following year. An employer may inform an employee that leave requested in excess of the employee's available earned sick time will not be paid. The yearly caps for earned sick time under this Chapter are: (1) 64 hours per employee per year for a medium or large employer; and (2) 48 hours per employee per year for a small employer. (H) All available earned sick time up to the yearly cap provided in Part (G) of this Section shall be carried over to the following year. Provided, that an employer who makes at least the yearly cap of earned sick time available to an employee at the beginning of a year under the purpose and usage requirements of this Chapter is not required to carry over earned sick time for that year. (I) This Chapter does not require an employer to allow an employee to use earned sick time on more than eight days in a calendar year. (J) An employer shall provide an employee with earned sick time that meets the requirements under this Section in an amount up to the employee's available earned sick time. The employer shall pay earned sick time in an amount equal to what the employee would have earned if the employee had worked the scheduled work time, exclusive of any overtime premium, tips, or commissions, but no less than the state minimum wage. (K) On no less than a monthly basis, an employer shall provide electronically or in writing to each employee a statement showing the amount of the employee's available earned sick time. For the period required for maintenance of records under Title 29, Section 516(a) of the Code of Federal Regulations an employer shall maintain records establishing the amount of earned sick time accrued and used by each covered employee. This Chapter does not create a new requirement for a certified payroll. (L) An employer who provides an employee handbook to its employees must include a notice of employee rights and remedies under this Chapter in the handbook. (M) An employer may not require an employee to find a replacement to cover the hours of earned sick time as a condition of using earned sick time. (N) Neither the amount of earned sick time nor the right to use earned sick time shall be affected by an employee's transfer to a different facility, location, division, or job position with the same employer. (O) An employee who is rehired by an employer within six months following separation of employment from that employer may use any earned sick leave available to the employee at the time of separation. (P) A written contract made pursuant to Title 29, Section 158(d) of the United States Code between an employer and a labor organization representing employees may modify the yearly cap stated in Section 4-19-2(G) of this Chapter for employees covered by the contract if the modification is expressly stated in the contract. (Q) A successor must provide to an employee who was employed by a predecessor at the time of an acquisition and hired by the successor at the time of the acquisition all earned sick time available to the employee immediately before the acquisition. (Ord. No. 20180215-049, Pt. 2, 2-15-18)

Austin City Code § 4-19-3 NO CHANGE TO MORE GENEROUS SICK TIME PRACTICES.

§ 4-19-3 - NO CHANGE TO MORE GENEROUS SICK TIME PRACTICES. (A) An employer may provide paid leave benefits that exceed the requirements of this Chapter. This Chapter does not require an employer who makes paid time off available to an employee under conditions that meet the accrual, purpose, and usage requirements of this Chapter to provide additional earned sick time to the employee. (B) This Chapter does not require an employee to provide additional earned sick time to an employee if the employee uses paid time off that meets the requirements of this Chapter for a purpose not specified in Section 4-19-2(D) of this Chapter. (C) This Chapter does not prohibit an employer from providing earned sick time to an employee prior to accrual by the employee. (D) This Chapter does not prohibit an employer from permitting an employee to donate available earned sick time to another employee. (E) This Chapter does not prohibit an employer from permitting an employee to exchange hours or trade shifts voluntarily with another employee, or prohibit an employer from establishing incentives for employees to exchange hours or trade shifts. (Ord. No. 20180215-049, Pt. 2, 2-15-18)

Austin City Code § 4-19-4 SIGNAGE REQUIRED.

§ 4-19-4 - SIGNAGE REQUIRED. (A) An employer shall display a sign describing the requirements of this Chapter in all appropriate languages in a conspicuous place or places where notices to employees are customarily posted. An employer is not required to post such signage until the City of Austin makes such signage available publicly on its website. (B) Office of Civil Rights shall prescribe by rule the size, content, and location of signs required under Part (A) of this Section. (Ord. No. 20180215-049, Pt. 2, 2-15-18; Ord. No. 20211202-030, Pt. 6, 12-13-21)

Austin City Code § 4-19-5 RETALIATION PROHIBITED.

§ 4-19-5 - RETALIATION PROHIBITED. An employer may not transfer, demote, discharge, suspend, reduce hours, or directly threaten these actions against an employee for requesting or using earned sick time, or for reporting a violation or participating in an administrative proceeding under this Chapter. (Ord. No. 20180215-049, Pt. 2, 2-15-18)

Austin City Code § 4-19-6 ADMINISTRATION.

§ 4-19-6 - ADMINISTRATION. (A) The Office of Civil Rights shall: (I) educate employers and employees about this Chapter; (2) receive and investigate complaints, including anonymous complaints, alleging a violation of this Chapter; (3) enforce this Chapter; (4) seek voluntary compliance with this Chapter before collecting a civil penalty; and (5) adopt rules necessary to implement this Chapter. (B) A complaint alleging a violation of this Chapter must be filed with the Office of Civil Rights by or on behalf of an aggrieved employee within two years from the date of the violation. (C) If the Office of Civil Rights finds after investigation of a timely complaint that a violation of this Chapter has occurred: (1) the Office of Civil Rights shall assess a civil penalty up to $500 against the employer for each violation of this Chapter, and shall provide written notice of the assessment to the employer; and (2) the Office of Civil Rights shall seek voluntary compliance from the employer to remedy any violation of this Chapter. If voluntary compliance is not achieved within 10 business days following the employer's receipt of the written civil penalty assessment, the employer shall be liable to the City for the amount of the assessed civil penalty. (D) This Section does not create a criminal offense. (Ord. No. 20180215-049, Pt. 2, 2-15-18; Ord. No. 20211202-030, Pt. 6, 12-13-21)

Austin City Code § 4-19-7 INVESTIGATION OF COMPLAINTS.

§ 4-19-7 - INVESTIGATION OF COMPLAINTS. (A) The director of the Office of Civil Rights may subpoena relevant information during the investigation of a complaint under this Chapter. Relevant information includes, and is limited to, only the information necessary to determine whether a violation of this Chapter has occurred. A subpoena shall: (1) be directed to a person with knowledge or information relevant to a complaint under this Chapter, or to a custodian of records relevant to a complaint under this Chapter; (2) be in writing and signed by the director of the Office of Civil Rights; (3) identify the records or testimony to be produced under the subpoena; (4) direct the person to whom it is issued to produce the records or provide the testimony identified in the subpoena at a specific place and time, which shall be not earlier than 10 business days from the date of service of the subpoena; (5) identify the individual complaint made under this Chapter to which the subpoena relates; (6) state that the subpoena is issued under the authority of this Chapter for purposes of investigating a complaint under this Chapter; (7) state that failure to comply with the subpoena is an offense and punishable as a Class C misdemeanor under this Code; and (8) be served on the person to whom it is directed by certified mail or personal delivery. (B) A person commits an offense if the person fails to comply with a subpoena issued and served on the person as provided in Part (A). The offense is punishable as a Class C misdemeanor as provided in Section 1-1-99 of this Code. A culpable mental state is not required, and need not be proved, for an offense under this section. (C) The Office of Civil Rights may inform employees at a work site of any investigation of a complaint at that worksite alleging a violation of this Chapter. (Ord. No. 20180215-049, Pt. 2, 2-15-18; Ord. No. 20211202-030, Pts. 6, 7, 12-13-21)

Austin City Code § 4-19-8 ANNUAL REPORT

§ 4-19-8 - ANNUAL REPORT Beginning in 2019, the Office of Civil Rights shall provide an annual report to the council regarding this Chapter by October 1 of each year. The report shall include, without limitation, a discussion of the implementation and enforcement of this Chapter, including the number and nature of violations, specific violations, industries and occupations with high rates of violations, penalties assessed in the prior year, and the impact on businesses and employees. The report shall also include recommendations for improvements to this Chapter. (Ord. No. 20180215-049, Pt. 2, 2-15-18; Ord. No. 20211202-030, Pt. 6, 12-13-21)

Austin City Code § 4-19-l DEFINITIONS.

§ 4-19-l - DEFINITIONS. In this chapter: (A) EARNED SICK TIME means a period of paid leave from work accrued by an employee in accord with this Chapter. (B) EMPLOYEE means an individual who performs at least 80 hours of work for pay within the City of Austin in a calendar year for an employer, including work performed through the services of a temporary or employment agency. Employee does not include an individual who is an independent contractor according to Title 40, Section 821.5 of the Texas Administrative Code. Employee does not include unpaid interns. (C) EMPLOYER means any person, company, corporation, firm, partnership, labor organization, non-profit organization or association that pays an employee to perform work for an employer and exercises control over the employee's wages, hours and working conditions. The term does not include: (1) the United States; (2) a corporation wholly owned by the government of the United States; (3) the state or a state agency; or (4) a political subdivision of the state or other agency that cannot be regulated by City ordinance. (D) FAMILY MEMBER means an employee's spouse, child, parent, or any other individual related by blood or whose close association with the employee is the equivalent of a family relationship. (E) MEDIUM OR LARGE EMPLOYER means an employer with more than 15 employees at any time during the preceding 12 months, excluding family members. (F) PREDECESSOR means an employer who employs at least one individual covered by this Chapter, and for which a controlling interest in such employer or a recognized division of such employer is acquired by a successor. (G) SMALL EMPLOYER means an employer with no more than 15 employees at any time during the preceding 12 months, excluding family members. (H) SUCCESSOR means an employer who acquires a controlling interest in a predecessor or in a recognized division of a predecessor. (Ord. No. 20180215-049, Pt. 2, 2-15-18; Ord. No. 20211202-030, Pt. 5, 12-13-21)

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT4BUREPERE_CH4-19EASITIFetched: 10/27/2026