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πŸ’Ό Employment Preemption/Paid Leave Preemption

Paid Leave Preemption: Live Oak vs San Antonio

How do paid leave preemption rules compare between Live Oak, TX and San Antonio, TX?

Live Oak and San Antonio have similar restriction levels.

Live Oak, TX

Bexar County

Few Restrictions

Texas House Bill 4 of 2023, the Texas Regulatory Consistency Act, broadly preempts local labor regulation. Bexar County cannot require private employers to provide paid sick leave, paid family leave, or other paid time off beyond state and federal law.

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San Antonio, TX

Bexar County

Few Restrictions

San Antonio's 2018 Earned Paid Sick Leave Ordinance was struck down by Texas courts in 2019 before enforcement. The 2023 Texas Regulatory Consistency Act (HB 4) finalized state preemption of city paid-leave mandates, leaving no local paid-leave rule today.

View full San Antonio rules β†’

Key Facts Comparison

FactLive OakSan Antonio
Preemption lawTX HB 4 (2023)-
Affected mandatesPaid sick and family leave-
County authorityOwn employees only-
Federal backstopFMLA unpaid leaveFMLA unpaid leave only
Texas preemption law-HB 4 (2023)
SA ordinance status-Enjoined 2019, suspended
Original SA adoption-October 2018
State paid-leave mandate-None enacted

Highlighted rows indicate differences between cities.

Live Oak FAQ

Did San Antonio ever have paid sick leave?

San Antonio passed a paid sick leave ordinance in 2018, but Texas courts enjoined it before enforcement. HB 4 has since foreclosed any revival inside Bexar County.

Are federal paid leave protections available?

FMLA provides up to 12 weeks of unpaid, job-protected leave for qualifying medical and family events at covered employers. Paid leave is not federally mandated and remains employer-discretionary.

San Antonio FAQ

Do San Antonio employers have to provide paid sick leave?

No. The 2018 SA Earned Paid Sick Leave Ordinance was enjoined in 2019 and finalized as preempted under Texas HB 4 (2023). No state mandate exists, so paid leave is left to employer policy.

Is any San Antonio leave protection still in force?

Federal FMLA gives eligible workers up to 12 weeks of unpaid job-protected leave at employers with 50 or more employees. SA adds no additional paid or unpaid leave rights for private workers.

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