El Paso cannot require private employers to provide paid sick leave, family leave, or other benefits because Texas HB 4 (2023, the Texas Regulatory Consistency Act) broadly preempts city and county labor mandates on private businesses.
Texas HB 4 (signed 2023, effective September 2023) adopted the so-called Texas Regulatory Consistency Act amending Local Government Code Chapter 229 and other statutes to preempt local rules in nine fields including labor and employment. Earlier Texas city paid-sick-leave ordinances in Austin, Dallas, and San Antonio were enjoined or invalidated by appellate courts. El Paso has not attempted a local paid-leave mandate. Federal FMLA still applies to covered employers (50+ employees) with 12 weeks unpaid job-protected leave for qualifying conditions.
If a city tried to enforce paid-leave rules, employers and the Texas Attorney General could sue under HB 4 to enjoin enforcement and recover attorney fees. Federal FMLA violations remain enforceable separately by US DOL.
See how El Paso's paid leave preemption rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.