Texas paid sick leave and local employment rules for restaurants

Paid sick leave and other local employment rules have been contested in Texas: cities have tried to require paid leave from private employers, and those efforts have been challenged in court and by state law. The position has changed more than once, so check the current rules with the Texas Workforce Commission or an employment attorney before you write a policy.

What have Texas cities tried to require?

Several large Texas cities have passed ordinances that would have required private employers to offer paid sick leave. Employers and business groups challenged them, arguing that state law reserves wage and benefit rules to the state. Whether a given ordinance is in force is exactly the kind of fact that a court decision can change, so do not assume that a rule you read about for one city applies to your restaurant, or that it has been repealed.

Can the state limit what a city may require?

The state legislature has passed a law that limits what cities and counties may adopt in areas that state codes cover, and that law has itself been challenged in court. For a restaurant, the question that matters is whether a city can require paid leave, a predictive scheduling rule or set breaks. Ask an employment attorney for the current answer for your city and keep the date you asked, because a restaurant should not build a policy on a dispute that is still moving.

Who can tell you what applies to you?

The Texas Workforce Commission runs the state's wage and hour programs, and your city's website will list any local ordinance. An employment attorney can tell you whether either applies to your business and how federal rules, such as the Family and Medical Leave Act, apply once you have enough employees.

What should you do about leave in practice?

Whatever the law requires, your business can choose to offer paid time off. An offer of a few paid days after a period of service can help with hiring and retention. Write the policy down, apply it to everyone in the same role and tell staff what happens to unused days. A policy that you honor is worth more than a larger one that you apply unevenly.

What about illness in a food business?

Food safety rules about sick food workers apply whatever your leave policy says. Tell staff in writing that they must not work with food while they have vomiting, diarrhea or other symptoms your local health department lists, and make sure a manager knows who to call to cover the shift. A cook who comes in sick because the shift is unpaid is a risk to guests and to your inspection record.

A worked example of a simple policy

A cafe offers one paid day for every 80 hours worked in the first year, up to five days, which can be used for illness or personal reasons. Staff request days in the scheduling app, a manager approves or denies within two days, and unused days do not pay out at termination unless the handbook says so. The cafe tells every new hire in the first week and gives them a copy. At the end of each quarter, the owner checks that approvals match the policy.

What should you ask an attorney?

1. Whether state law changes what a city may require.
2. Whether your policy and handbook match what you actually do.
3. How federal law, such as the Family and Medical Leave Act, applies once you have enough employees.
4. How to handle leave for a worker with a disability.

How often should you check?

Check once a year, and whenever a city council discusses a labor rule. Rules in this area have changed quickly, and the status of a local or state rule is the kind of fact that can be overtaken by a court decision.

How do you keep the policy fair across shifts?

In a restaurant, the people who ask for time off at short notice are often the ones on the busiest shifts. Decide in advance how much notice you require, how you handle a request for a Friday night and what happens when two people ask for the same day. A first-come rule is simple and defensible. Write exceptions down, such as a family emergency, and make sure the manager who approves a request records the reason. A fair, written process keeps resentment from building and gives you an answer if a dispute arises.

What about hourly cuts and schedule changes?

Unless a rule applies to you, how much notice you give for a schedule is your choice. Many restaurants post the schedule a week ahead and treat it as a promise. Staff plan childcare and second jobs around it, and a business that keeps its word on the schedule has an easier time hiring in a tight market.

More guides for your business:

• Texas tip pooling and service charges for restaurants
• Texas statewide mobile food permit for food trucks
• Texas TABC permits for restaurants: mixed beverage, beer and wine

More in the US guides for food businesses.