Paid Leave Preemption: Austin vs Pflugerville
How do paid leave preemption rules compare between Austin, TX and Pflugerville, TX?
Pflugerville has fewer restrictions than Austin.
Austin, TX
Travis County
Austin's pioneering 2018 paid-sick-leave ordinance was struck down in Texas Ass'n of Business v. City of Austin, 565 S.W.3d 425 (Tex. App.-Austin 2018), as unconstitutional and preempted by the Texas Minimum Wage Act. The Texas Supreme Court denied review in 2020. The ordinance is unenforceable. Austin workers have no city-mandated paid sick leave — only federal FMLA (unpaid, 12 weeks).
View full Austin rules →Pflugerville, TX
Travis County
Texas HB 2127 (2023) preempted local paid sick leave mandates, voiding the Austin paid sick leave ordinance previously enjoined by the Texas Third Court of Appeals, leaving paid leave a voluntary employer benefit in Travis County.
View full Pflugerville rules →Key Facts Comparison
| Fact | Austin | Pflugerville |
|---|---|---|
| Ordinance Status | Struck down — unenforceable | - |
| Controlling Case | Tex. Ass'n of Business v. Austin (2018) | - |
| Preempting Statute | Tex. Lab. Code Ch. 62 | - |
| State Paid Sick Leave | None | - |
| Federal Floor | FMLA (unpaid, 12 weeks) | - |
| Status | - | Preempted statewide |
| Key statute | - | TX HB 2127 |
| FMLA threshold | - | Fifty plus employees |
| Austin ordinance | - | Enjoined in 2018 |
Highlighted rows indicate differences between cities.
Austin FAQ
Does Austin's 2018 paid-sick-leave ordinance still apply?
No. The Texas Third Court of Appeals struck it down in 2018 as preempted by the Texas Minimum Wage Act, and the Texas Supreme Court denied review in 2020. The ordinance is unenforceable.
Can Austin re-pass paid sick leave?
Not without state legislative action. Texas courts treat paid sick leave as 'wage' regulation, preempted by Tex. Lab. Code § 62.0515. Only the Texas Legislature can authorize local paid-leave mandates.
What paid leave do Austin workers actually get?
Only what their employer voluntarily provides. There is no state or city mandate. Federal FMLA gives eligible workers (1+ year tenure at 50+ employee firms) up to 12 weeks of unpaid, job-protected leave for serious medical or family needs.
Pflugerville FAQ
Is any paid leave required in Texas?
Federal FMLA gives unpaid job-protected leave at larger employers, but no state or local law mandates paid sick leave for private workers; benefits are employer-set.
Can Austin require contractor paid leave?
Austin can set contract terms for its own vendors, but the Texas Attorney General has challenged such requirements as indirect attempts to circumvent state preemption.
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