San Antonio’s mandatory paid sick leave ordinance suffers another legal blow

SAN ANTONIO (KTSA News) – The city’s Safe and Sick Leave ordinance has been dealt another legal blow, this time by the  Fourth Court of Appeals in San Antonio.

The ordinance, which requires employers in San Antonio to give their workers one hour of paid sick leave for every 30 hours worked, was approved by the city council in 2019, but it has not been implemented.  A judge  put it on hold while a legal challenge makes its way through the courts.

It remains on ice after the Fourth Court of Appeals ruled that the mandatory paid sick leave ordinance is preempted by the Texas Minimum Wage Act .  The three-judge panel believes that makes  the ordinance unconstitutional.

“Today’s ruling provides business owners confidence that any future attempts by the City of San Antonio to impose similar types of mandatory employee wage benefits will also be deemed unconstitutional,” said attorney Kelly Cubeta, whose law firm represents a group of businesses and restaurants challenging the ordinance.

Texas Organizing Project and Move Texas fought for the paid sick leave ordinance.  Now the city will decide its next legal move.