How Many Sick Days Are Required by Law in Texas? (SwiftSDS Compliance Guide)
If you’re searching for how many sick days are required by law in Texas, the key takeaway is simple: Texas does not currently have a statewide law requiring private employers to provide paid or unpaid sick days. That said, employers in Texas may still have sick-time obligations through company policy, employment contracts, collective bargaining agreements, or local rules (where applicable), and they must also comply with federal leave laws like the FMLA.
This SwiftSDS guide explains Texas sick pay laws and Texas sick time laws in practical terms—and what HR teams should do to stay compliant.
Texas sick time laws: Is paid sick leave required statewide?
No statewide paid sick leave mandate in Texas
As of today, Texas does not require employers to provide a minimum number of paid sick days to employees. There is no Texas statute equivalent to the paid sick leave laws found in other states.
This is why many HR teams implement sick leave as a benefit (often bundled into PTO) rather than as a state-required entitlement.
Local paid sick leave ordinances: What happened?
Some Texas cities previously attempted to adopt paid sick leave ordinances. However, those efforts have faced significant legal challenges, and there is no broadly enforceable, statewide paid sick leave requirement.
Actionable HR step: If you operate in multiple states, avoid “one-size-fits-all” assumptions. Compare Texas rules with states that do have mandates, such as the Arizona sick leave law, which includes required accrual and usage rules.
Texas sick pay laws: When sick time becomes legally enforceable
Even without a statewide mandate, sick time can still become “required” in practice if it’s promised.
1) Your own policies can create obligations
If your handbook, offer letters, or PTO policy states that employees accrue or receive sick days, then you generally must follow your own policy consistently. Failing to do so can lead to wage disputes, breach-of-contract claims, or discrimination/retaliation allegations depending on the facts.
Actionable HR step:
Audit your PTO/sick leave policy for:
- Eligibility rules (full-time/part-time/temporary)
- Accrual rates and caps
- Waiting periods
- Carryover rules
- Documentation requirements
- Whether sick time is paid out at separation (Texas law does not force payout, but your policy might)
For multi-state employers, it can also help to understand how different jurisdictions treat sick leave payouts—see Do you get paid for unused sick days in california for a useful comparison.
2) Federal law may require job-protected leave (unpaid)
Even though Texas doesn’t mandate sick days, many employers are covered by the Family and Medical Leave Act (FMLA). FMLA can require up to 12 weeks of unpaid, job-protected leave for a serious health condition (employee or qualifying family member), among other qualifying reasons.
FMLA applies to covered employers (generally 50+ employees within a certain radius) and eligible employees who meet tenure and hours requirements.
Actionable HR step:
Ensure your leave administration process can:
- Identify FMLA-qualifying absences
- Provide timely notices
- Track leave usage accurately
- Coordinate PTO/sick time with unpaid FMLA where your policy permits/requires substitution
3) ADA may require leave as a reasonable accommodation
Under the Americans with Disabilities Act (ADA), additional unpaid leave may be a reasonable accommodation in some situations. That’s not a “sick day” requirement per se, but it can create a legal obligation to provide time off when disability-related and reasonable.
Sick time and exempt employees in Texas (salary basis considerations)
Texas employers often ask how sick time intersects with exempt (salaried) employees. While Texas doesn’t impose special sick leave mandates, federal salary-basis rules can affect how you deduct pay for absences.
For a deeper HR-oriented breakdown, see Exempt employees and sick time, which covers common compliance pitfalls (e.g., partial-day deductions and the role of bona fide PTO plans).
Posting and notice compliance: What Texas employers should display
Even without Texas-required paid sick leave, employers still have mandatory federal posting duties that commonly overlap with wage/hour and leave compliance.
FLSA poster requirements (federal)
Most employers must post the Fair Labor Standards Act notice in a conspicuous place. SwiftSDS recommends keeping the applicable version on file and ensuring remote employees can access postings electronically where required by policy/practice.
Relevant FLSA posters include:
- Employee Rights Under the Fair Labor Standards Act
- Employee Rights Under the Fair Labor Standards Act - State and Local Government (if applicable)
- Employee Rights Under the Fair Labor Standards Act - Agriculture (if applicable)
- Spanish-language version: Derechos de los Trabajadores Bajo la Ley de Normas Justas de Trabajo (FLSA)
For a broader compliance overview of federally required notices, bookmark Federal (United States) Posting Requirements.
Practical policy guidance for Texas employers (what to do now)
Even though the legal minimum is “none,” many Texas employers still need a clear, consistent approach.
Create (or refine) a Texas-ready sick time policy
A compliant, HR-friendly sick leave/PTO policy should clearly answer:
- How much time off is provided (frontloaded or accrued)
- When employees may use it (illness, preventive care, family member care)
- How to request leave and call-out procedures
- Documentation rules (and when they apply)
- Discipline/attendance integration, including no-fault attendance programs (ensure these don’t conflict with FMLA/ADA protections)
Standardize multi-state compliance if you operate outside Texas
If you have workers in other states, you may need different accrual rates, carryover rules, and permitted uses. To understand how Texas compares to a mandated state, review Florida sick leave law and Arizona sick leave law.
Align sick time administration with anti-discrimination rules
Sick leave administration often intersects with discrimination and retaliation risk (e.g., pregnancy-related absences, disability-related absences, inconsistent discipline). If you manage employees in jurisdictions with more detailed protected categories and employment rules, see anti discrimination laws in california for broader context on how leave decisions can become discrimination claims.
FAQ: Texas sick pay laws and sick time requirements
How many sick days are required by law in Texas?
None at the state level. Texas does not currently require private employers to provide a minimum number of paid or unpaid sick days. However, your employer policy or federal laws (like FMLA/ADA) may require time off in certain situations.
Does Texas require paid sick leave for full-time employees?
No. Texas sick time laws do not mandate paid sick leave for full-time employees statewide. Employers may choose to provide sick leave or PTO as a benefit.
Can an employer deny sick days in Texas?
If there is no policy or contract promising sick leave, an employer may generally deny paid sick time. But employers must still comply with FMLA (if covered) and ADA reasonable accommodation requirements, and they should apply attendance policies consistently to avoid discrimination or retaliation claims.
SwiftSDS takeaway for HR: Texas has no sick-day minimum, but compliance still matters
For Texas employers, the compliance focus isn’t meeting a state sick-day quota—it’s ensuring your written policies match your practices, that you properly handle FMLA/ADA-related absences, and that you maintain required federal postings. Start with an internal policy audit, confirm your posting set is current, and standardize how absences are coded and tracked across locations.
To keep your labor law postings aligned with federal requirements, use Federal (United States) Posting Requirements as your baseline reference.