In response to a lawsuit filed by a number of San Antonio business groups, the San Antonio City Council approved certain revisions to the city’s paid sick leave (PSL) ordinance, including renaming it the Sick and Safe Leave (SSL) ordinance. The SSL ordinance is scheduled to become effective on December 1, 2019, although a court hearing is set for November 7, 2019, which may impact he effective date.

The Lawsuit

On July 15, 2019, a coalition of San Antonio business groups filed suit against the City of San Antonio claiming that the PSL ordinance was an unconstitutional violation of the Texas Minimum Wage Act. Soon thereafter, the plaintiffs and the city entered into an agreement that delayed the effective date of the ordinance from August 1, 2019, to December 1, 2019, and on July 24, 2019, a Bexar County district court judge entered an order consistent with the parties’ agreement.

The order effectively abated the litigation until November 7, 2019, to allow the City of San Antonio Paid Sick Leave Commission to confer with stakeholders, study the PSL ordinance, and recommend revisions to the mayor and City Council. The order provided that should the City Council pass an amended ordinance before November 7, the plaintiffs would have the right to renew their application for injunctive relief with the court.

The Amended Ordinance

On October 3, 2019, the San Antonio City Council voted to approve an amended ordinance, now known as the SSL ordinance. It includes a number of significant revisions:

• The effective date of the SSL ordinance for all employers, regardless of size, is December 1, 2019.

• The SSL ordinance now requires all employers, regardless of size, to provide up to 56 hours’ worth of SSL time. Employees will be eligible to accrue 1 hour of SSL time for every 30 hours worked, up to 56 hours per year.

Tiffany Cox Stacy, Employment Attorney

SAHRMA President, 2019

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