On June 5th, the Texas Supreme Court denied the City of Austin’s request for the court to review a case from a court of appeals finding Austin’s paid sick leave ordinance unconstitutional. The Supreme Court had had the request since March of 2019.
That decision effectively ends the Austin case, but opens the way for the City of San Antonio to pursue the appeal of its own ordinance before the 4th Court of Appeals here. San Antonio’s appeal was stayed in March pending the Supreme Court’s decision, but the City can now, if it chooses, ask the 4th Court to hear its appeal now that the Supreme Court has refused to hear the Austin case.
In order for the 4th Court of Appeals to consider San Antonio’s appeal, it would first need to lift the stay of the City’s appeal. The 4th Court is not bound by the decision of another court of appeals on Austin’s ordinance. Nor is it bound by the decision of U.S. district judge in Sherman on enjoining the City of Dallas’ paid sick leave ordinance.
The federal Families First Coronavirus Response Act mandated paid sick leave and family leave for employees, but only under certain circumstances. Texas does not have a law mandating paid sick leave for employees.
The next move in the paid sick leave saga is up to the City of San Antonio. Stay tuned!