Austin Becomes 1st Texas City Requiring Employer Paid Sick Leave

AUSTIN, TX — Early Friday, Austin became the first city in Texas — and in the entire southern United States — to require all employers to provide paid sick leave to their workers.

As expected, the night was long as city council members considered the historic vote. More than 200 people signed up to air their views on the ordinance crafted by Council Member Greg Casar, with the vast majority expressing support for the initiative. In the end, the ordinance passes by a 9-2 vote, with council members Ora Houston and Ellen Troxclair voting against.

The ultimate passage of the ordinance was met with loud, sustained applause and even spontaneous celebratory singing by those attending the council meeting.

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The newly passed ordinance allows individuals working for employers with 15 employees or less to earn up to six paid sick days per year. Moreover, employees at companies with 15 employees or more will be able to earn up to eight days per year. Workers at small firms with five or fewer employees also will be able to earn six paid sick days per year, but with a delayed effective date starting October 1, 2020.

Councilman Greg Casar listens to speakers supporting his paid sick leave ordinance

Council member Jimmy Flannigan had offered an alternative to the paid sick leave mandate that would've excluded the smallest of firms with fewer than five employees. But that exemption didn't pass muster in the final analysis, making such firms also subject to the new ordinance.

The ordinance is scheduled to take effect Oct. 1.

Dozens of supporters of the measure gathered outside City Hall before the early morning vote to rally for its passage. On the day after Valentine's Day, the rally included a passion play of sorts with actors playing the part of restaurant patrons being served by a faux server forced to go to work despite being sick. The point of the play was to convey the need for the paid sick leave ordinance — a point that was driven home as Texas (and the nation as a whole) endures one of the deadliest flu seasons in recent recorded history.

Supporters of the paid sick leave ordinance descended to City Hall grounds to rally for its passage

Pio Renteria was among the speakers at the rally that took place before the vote. He praised his colleague, Council Member Casar, for having crafted the ordinance and told those gathered that he would be voting for the measure.

"My staff has sick leave, but there are thousands of private sector workers across the city that don't have sick leave," Renteria said. "My brother is one of them. He has worked as a landscaper for 30 years, and he has never had sick leave. We have to stop this. It's an injustice that has been going on a long time in Austin."

His comment was met with applause and cheers from those gathered. Renteria went on to thank his colleague on the council dais for having crafted the ordinance: "I'm just proud that my colleague, Greg Casar, introduced this ordinance, and we're going to pass it tonight," Renteria predicted, his comment again met with spontaneous applause.

Ahead of historic vote, speakers and proponents of the paid sick leave ordinance rallied for its passage

Ahead of the vote, the Work Strong Austin coalition pushed for its passage in the weeks leading up to Friday's council vote. The organization comprises various community, labor and policy organizations and advocates for the working class. Among them: Workers Defense Project, Center for Public Policy Priorities, Unite HERE! Local 23, Young Active Labor Leaders, Fight for $15, and dozens of local businesses in support of the measure.

“After tireless organizing and advocacy, our coalition has fought and won an ordinance alongside our allies on Austin City Council that ensures all workers have the right to take care of themselves or a loved one when they are ill,” said Jose P. Garza, Executive Director of Workers Defense Project. “Tonight, working families in Texas have made history.”

Ann Benson, executive director of the Center for Public Policy Priorities, echoed the sentiment: “Hard-working Austinites can now breathe easier, because the new paid sick days ordinance will protect their families' health and their jobs.We're grateful to Council Member Greg Casar, co-sponsors Councilwoman [Delia] Garza, Councilwoman [Ann] Kitchen, and Councilwoman [Kathie] Tovo, all the supportive council members and the mayor, the Work Strong Austin Coalition and all the Austin groups and residents that spoke up in favor of paid sick days.”

Actors play role of customers being served by ill waiter forced to show up for work for lack of paid sick time

For his part, Casar thanked those who supported his ordinance early on in a protracted fight for its passage: “After months of building a movement for paid sick days, I’m so proud of the efforts of our community to achieve this historic policy victory,” he said. “Austin is now the first city in Texas and the first city in the South to have a citywide paid sick days policy.”

Amanda Cavazos, president of YALL Austin, touched on similar themes: “It has been a privilege to work with this coalition, and the vote validates our belief that Austin will lead the way in ensuring workers are treated with dignity and respect," she said. "When young workers stand in solidarity, we can achieve powerful change.”

The new policy allows workers to begin earning sick time immediately, and guarantees employees can care for themselves, a family member, or anyone that is seen as the equivalent of a family member to take paid time to deal with a health issue or domestic violence incident, Workers Defense Project officials noted in a palpably celebratory news advisory.

But not everyone was happy with the development. In its own press release — as angry as the WDP's was celebratory — Austin Chamber of Commerce officials reminded they previously pleaded with the city to slow down in order to study the issue in greater detail before voting on the matter. Instead, chamber officials claim in their advisory, "the public was given no notice and no time for input." Moreover, chamber officials said it's still unknown if council itself exempted their own staff from the paid sick leave mandate.

Greater Austin Chamber of Commerce President and CEO Mike Rollins didn't mince words in decrying Friday's council action: "Yesterday morning, a broad and growing base of iconic Austin businesses again respectfully asked Austin Mayor Steve Adler and Austin City Council to hit pause and conduct an unbiased, transparent study on the impact of paid sick leave policies, give the public an opportunity to provide input and then to vote. Instead, behind closed doors, Council members created a backroom deal which will impact 30,000 Austin business owners."

In particular, the concerns of restaurant industry officials were dismissed by council members supporting the ordinance, Rollins said: "Council ignored restaurant owner pleas about the average expected $150,000 hit to their razor thin margins. Even worse, Council rushed to a final vote late last night. None of this is in line with Austin values."

He saved his most strident criticism for last, ending his statement by categorizing the ordinance as not only rushed but based on tenuous data: "This is simply a rushed ordinance that is not founded on factual, Austin-based economic data. A broad base of iconic Austin businesses asked Council to pause, gather data, and then move forward with good policy making. They ignored all of us. That just sticks in our throat. Policy shouldn't be made by guesswork."

>>> Photos by Tony Cantú