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The City of San Antonio’s Sick and Safe Leave ordinance has been enjoined. The ordinance was originally scheduled to go into effect on August 1, 2019, but on July 24, 2019, a Texas state court delayed implementation until December 1, 2019, pending a ruling on a motion for temporary injunction filed by business groups and the state. On November 22, 2019, the judge issued a letter ruling granting the temporary injunction, thereby confirming the ordinance will not take effect on December 1, 2019.

The ruling does not provide the reasoning and analysis underlying the judge’s decision but directs the parties to set a date for a trial on the merits as soon as possible. The plaintiffs argue the ordinance is preempted by the Texas Minimum Wage Act and violates the state constitution, which was essentially the basis for an appeals court’s decision to block Austin’s paid sick leave law a year ago.

So for now, employers do not need to implement policies and procedures to comply with the San Antonio Sick and Safe Leave ordinance. Ogletree Deakins will continue to monitor legal and legislative developments on this issue and keep you updated.


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Leaves of Absence/Reasonable Accommodation

Managing leaves and reasonably accommodating employees can be complex, frustrating, and expose employers to legal peril. Employers must navigate a bewildering array of state and federal statutes, with seemingly contradictory mandates.

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