Paid Leave Preemption: Allen vs Plano
How do paid leave preemption rules compare between Allen, TX and Plano, TX?
Allen and Plano have similar restriction levels.
Allen, TX
Collin County
Texas appellate courts have struck down municipal paid sick leave ordinances in Austin, Dallas, and San Antonio as preempted under the Texas Minimum Wage Act. HB 2127 (2023) further codifies preemption by barring local regulation of employment benefits and leave policies.
View full Allen rules →Plano, TX
Collin County
Texas House Bill 4 of 2023, the Texas Regulatory Consistency Act, preempts cities from mandating paid sick leave or paid family leave, voiding any Plano-style ordinance and leaving leave benefits to employer choice or federal FMLA unpaid leave.
View full Plano rules →Key Facts Comparison
| Fact | Allen | Plano |
|---|---|---|
| Key Case | TAB v. City of Austin 2018 | - |
| Statute | Labor Code 62.0515 | - |
| HB 2127 Coverage | Employment field | - |
| Cities Affected | Austin, Dallas, San Antonio | - |
| Preemption law | - | TX HB 4 (2023) |
| Effective date | - | September 2023 |
| Federal floor | - | FMLA unpaid leave |
| Local mandate | - | Voided statewide |
Highlighted rows indicate differences between cities.
Allen FAQ
Can a Texas city require employers to give paid sick leave?
No. Courts have ruled mandatory paid sick leave ordinances are preempted as wage regulation, and HB 2127 reinforces this preemption across the employment field.
Can employers voluntarily offer paid sick leave?
Yes. The preemption only blocks government mandates. Employers may offer any paid leave benefits voluntarily and many do for recruitment and retention.
Plano FAQ
Can Plano require employers to offer paid sick days?
No. Texas HB 4 and Local Government Code 229 fully preempt municipal paid leave mandates. Only voluntary employer policies or federal law can create paid leave entitlements in Plano.
Do Plano employers have to offer FMLA leave?
Yes if they employ 50 or more workers within 75 miles. Eligible employees get up to 12 weeks unpaid, job-protected leave for serious health conditions, new children, or family caregiving.
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