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Lubbock, TX Employment Preemption: Paid Leave Preemption (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified May 2026

Key Facts

State preemption
HB 2127 Death Star
Court rulings
Austin, Dallas struck down
Federal FMLA
Unpaid leave only
Local mandate
Not permitted

Summary

Texas HB 2127 (the Death Star bill) and prior court rulings preempt Lubbock from mandating private-sector paid sick leave. Austin, Dallas, and San Antonio paid sick leave ordinances were struck down by appellate courts.

Sec. 1.004. REFERENCE IN LAW TO STATUTE REVISED BY CODE. A reference in a law to a statute or a part of a statute revised by this code is considered to be a reference to the part of this code that revises that statute or part of the statute. Acts 1993, 73rd Leg., ch. 269, Sec. 1, eff. Sept. 1, 1993.

Sec. 1.005. PREEMPTION. (a) Unless expressly authorized by another statute, a municipality or county may not adopt, enforce, or maintain an ordinance, order, or rule regulating conduct in a field of regulation that is occupied by a provision of this code.

Source: Texas Labor CodeView official code

Full Breakdown

Texas paid leave preemption traces to 2018 when Austin passed a paid sick leave ordinance, struck down by the Third Court of Appeals as unconstitutional under the Texas Minimum Wage Act. Dallas and San Antonio followed with similar ordinances, all enjoined. The 2023 Texas Regulatory Consistency Act (HB 2127) further codified state preemption over labor regulations including scheduling, leave, and benefits. Lubbock cannot require private employers to provide paid sick days, predictive scheduling, or fair workweek protections. Federal FMLA still applies to employers with 50+ workers for unpaid leave.

Violations & Fines

Local paid leave ordinances are unenforceable under Texas preemption. Federal FMLA violations carry back pay, restoration of benefits, and civil penalties; Texas does not impose state-level paid leave fines.

Frequently Asked Questions

Can Lubbock require paid sick leave for workers?
No. Texas HB 2127 and Third Court of Appeals rulings preempt cities from mandating private-sector paid sick leave. Lubbock employers offer paid leave voluntarily as a benefit.
Does federal law require paid sick leave?
Generally no. Federal FMLA provides up to 12 weeks of unpaid job-protected leave for qualifying employers. The federal government does not mandate paid sick leave outside specific COVID-era programs.

Sources & Official References

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All Lubbock rules

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