Paid Leave Preemption: Houston vs Tomball
How do paid leave preemption rules compare between Houston, TX and Tomball, TX?
Tomball has fewer restrictions than Houston.
Houston, TX
Harris County
Houston has no local paid sick leave or paid family leave ordinance, and cannot adopt one. Texas courts and the Texas Legislature have made clear that local paid-sick-leave mandates are preempted by the Texas Minimum Wage Act (Tex. Lab. Code Ch. 62), because paid leave is a form of wage. Only federal FMLA (unpaid, 12 weeks, qualifying employers) and employer-provided benefits apply to Houston workers.
View full Houston rules →Tomball, TX
Harris County
Texas HB 2127, the Texas Regulatory Consistency Act effective September 2023, broadly preempts local labor regulation including paid sick leave. Harris County cannot mandate paid leave for private employers, and Houston has not attempted to do so.
View full Tomball rules →Key Facts Comparison
| Fact | Houston | Tomball |
|---|---|---|
| Local Paid Leave | Not allowed (preempted) | - |
| Preempting Authority | Tex. Const. Art. XVI § 28; Tex. Lab. Code Ch. 62 | - |
| Key Case | Tex. Ass'n of Business v. City of Austin (2018) | - |
| State Paid Sick Leave | None | - |
| Federal Floor | FMLA — 12 wks unpaid | - |
| State preemption | - | TX HB 2127 (2023) |
| Earlier ruling | - | TX courts blocked Austin/Dallas |
| Statewide mandate | - | None for private employers |
| County employees | - | Paid leave by personnel rule |
| Federal floor | - | FMLA unpaid only |
Highlighted rows indicate differences between cities.
Houston FAQ
Does Houston require employers to provide paid sick leave?
No. Houston has no paid-sick-leave ordinance, and Texas courts have ruled that municipal paid-sick-leave mandates are preempted by the Texas Minimum Wage Act. The only requirement is unpaid FMLA leave for employers with 50+ workers.
Can Houston follow Austin and pass its own sick-leave law?
No. The Texas Third Court of Appeals struck down Austin's 2018 ordinance as preempted, and the Texas Supreme Court declined review in 2020. Until the Texas Legislature affirmatively authorizes local paid-leave ordinances, Houston cannot enact one.
What paid leave do Houston workers have?
Only what their employer voluntarily provides. There is no state or city minimum. Federal FMLA covers 12 weeks of unpaid leave for serious medical conditions, family caregiving, or new-child bonding at employers with 50+ workers within a 75-mile radius.
Tomball FAQ
Does Harris County require my employer to give paid sick days?
No. HB 2127 preempts any county or city paid sick leave mandate. Texas has no statewide paid sick law. Your only paid leave entitlement comes from your employer's voluntary policy or a collective bargaining contract.
Can I take unpaid leave when I am sick?
Federal FMLA gives 12 weeks of unpaid job-protected leave for serious illness or family care if your employer has 50-plus workers and you have worked there one year. Harris County itself complies with FMLA.
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