San Antonio City Council approves paid sick leave ordinance
By W. Scott Bailey – Senior Reporter, San
Antonio Business Journal
The San Antonio City Council
on Thursday adopted an ordinance mandating that employers within the city
provide paid sick time to workers.
The
amendment to the city’s health code requires employers in San Antonio to let
workers accrue such paid time off — one hour of paid sick time for every 30
hours worked — to use if they or a family member become sick or injured; are
victims of stalking, domestic abuse or sexual assault; or otherwise require
medical, mental or preventive care.
The San
Antonio City Council's decision, by a 9-2 vote, follows a similar vote by the
Austin City Council in February. That 9-2 vote triggered immediate criticism
from some state lawmakers, who have vowed to enact legislation to negate the
Capital City ordinance.
San Antonio
Mayor Ron Nirenberg, who voted for the ordinance, said the City Council had
limited options. He believes the ordinance will give the city more
"flexibility to craft a San Antonio-specific policy," rather than
having to deal with a voter-approved measure.
Under San
Antonio's ordinance, employees at medium-size and large businesses can accrue
at least 64 hours of paid sick leave per year — more if employers so choose. At
smaller businesses, employees can accrue at least 48 hours per year.
The
ordinance requires employees to be paid the wage they would have earned if at
work and that they be allowed to carry over accrued sick leave to the following
year.
The new
ordinance is scheduled to take effect Aug. 1, 2019. Employers with five or
fewer workers will have until Aug. 1, 2021, to comply.
There are
certain protections for employers in the new ordinance. For example, businesses
can restrict employees from using paid sick leave during their first 60 days on
the job.
Meanwhile, employers are not
permitted to retaliate against workers who use earned paid sick leave by
transferring, demoting, firing or suspending them, or reducing their hours.
The City
Council's vote comes less than three months after a coalition of labor leaders
and community organizations delivered more than 66,000 signatures to San
Antonio’s city clerk supporting a petition seeking to put a paid sick leave
referendum before voters on the November ballot. Proponents said it will reduce
the number of workers who are uncompensated when ill.
The San
Antonio Metropolitan Health District will oversee and enforce the ordinance's
provisions. It may impose civil penalties up to $500 per violation.
Louis Barrios, president and CEO of Los
Barrios Enterprises, which operates several restaurants in San Antonio, warned
in May that such an ordinance, which “looks good on the surface,” could inflict
a significant amount of “collateral damage” on the city's economy.
Council
members could have chosen to place the issue on the ballot in November. There
was concern among some city officials that doing so would have created more
confusion for voters who will see several charter amendments on the November
ballot.
