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Does Texas Have a Sick Leave Law?

Tuesday, April 28, 2020

No one plans on an illness that forces him or her out of work or into the hospital. In light of the COVID-19/coronavirus pandemic, it is clearer than ever how greatly an illness can impact a worker’s life. One of the most common questions for people who contract serious illnesses is whether they will be able to take sick leave at work, with or without pay, without losing their jobs. Unlike some states, Texas does not have a sick leave law. Unless federal sick leave laws apply, therefore, an employer could deny sick leave requests.

texas sick leave law

What Is the New Sick Day Law?

 Texas does not have a state law making it mandatory for private sector employers to provide paid or unpaid sick leave. Public sector employers, however, must give their employees sick leave at the rate of eight hours per one month of employment for full-time employees. Sick leave will start to accrue the first day of employment. An eligible employee can take this leave for an illness, injury, pregnancy or to care for an immediate family member with an illness. The employee will need a doctor’s note to take three or more days of sick leave.

 In March 2020, President Trump signed a law that expanded sick leave in the US to certain eligible people. The bill gives up to 12 weeks of paid family leave to parents who have to care for children due to childcare facility shutdowns connected to the coronavirus. It grants up to 12 weeks at 67% of the recipient’s average salary up to $200 per day. It can also provide up to two weeks of 100% pay reimbursement up to $511 per day. Some employers with under 50 employees are exempt from having to pay. Self-employed workers may receive these benefits in the form of a tax credit.

 Can an Employer Deny Sick Days?

 An employer in Texas in the private sector can deny sick days if the terms of federal sick leave laws do not apply. No state law requires employers to give their workers sick days. If an employer decides on its own to provide paid or unpaid sick leave, however, it must fulfill the terms of its policy. It is illegal for an employer to deny sick days after granting them to an employee via an employment contract, for example. Employees should carefully review their employment contracts and workplace policies before requesting sick days in Texas.

 Employers in Texas must also abide by all relevant federal sick leave laws. The Family and Medical Leave Act (FMLA), for instance, gives some workers unpaid sick leave for medical and family-related matters without fear of job loss. Employers in Texas must grant eligible employees up to 12 workweeks of leave per year for covered events, such as the birth of a child, the placement of a child via foster care or adoption, or a serious health condition. An employer in Texas cannot breach a federal sick leave law by denying sick days to eligible employees.

 Is PTO the Same As Sick Days?

 In general, paid time off (PTO) is not the same as sick days. PTO is a package an employer can choose to give employees that bundles together different types of leave, including vacation time, personal leave, and sick days. Sick days, on the other hand, refer to just one type of leave at a company.

 Can You Be Fired for Being Sick in Texas?

 The answer to this depends on your status as a worker, whether you work in the private or public sector, and whether the sick leave requested falls under a federal leave law. If your employer legally has to abide by the terms of federal law such as the FMLA, you are an eligible employee and you request the leave for a valid reason, your employer cannot fire you for taking this leave. If, however, no state or federal sick leave laws apply to your employer or your situation and your boss does not have a separate sick leave law, he or she may have the right to terminate your employment for taking sick leave in Texas. 

Posted by admin at 3:10 pm

Texas Statute of Limitations

Sunday, April 12, 2020

One of the many laws you need to know as a claimant during a personal injury claim is the statute of limitations. This is one of the most important laws to know in Texas, as missing your statute of limitations could end your claim before it begins. The courts in Texas obey statutes of limitations strictly, often barring clients who file too late from obtaining any financial recovery. Speak to a personal injury lawyer near you in Texas for personalized information and advice about your statute of limitations.

Texas Statute of Limitations

What Is It?

 A statute of limitations is a type of law you will find in every state. It sets a time limit on filing a claim. Both criminal and civil cases have statutes of limitations. In the criminal courts, statutes of limitations set time limits by which prosecutors must bring charges against a defendant. These time limits vary depending on the alleged crime. In the civil courts, statutes of limitations limit how long an injury party (plaintiff) has to file a claim to damages against a defendant. Civil statutes of limitations vary according to the type of accident.

 Statutes of limitations help keep the justice system just. Without a law requiring plaintiffs to file their personal injury claims by a certain time, a plaintiff could feasibly wait as long as he or she wanted to file. This delaying of justice might not be fair for the defendant, who could lose opportunities to defend himself or herself with the loss of evidence over time. Enforcing statutes of limitations keep things moving through the justice system more efficiently by prompting claimants to file as soon as possible. It is important to know your statute of limitations in Texas if you wish to protect your right to bring a claim.

 How Long Is the Statute of Limitations in Texas?

 As a claimant in a personal injury case in Texas, your statute of limitations will be two years, in most cases. Texas Civil Practice & Remedies Code 16.003(a) gives this statute of limitations. With a few exceptions, a filing party has two years after the day of the accident or injury to bring a civil claim in the State of Texas. This is the same statute of limitations as with property damage claims in Texas. During a wrongful death claim in Texas, a plaintiff must bring a cause of action no later than two years after the date of the injured person’s death.

 It is important to ask an attorney what your statute of limitations is early on, so you do not accidentally miss your deadline. Some exceptions to the general rule exist; however, the courts will only toll, or extend, a statute of limitations in rare circumstances in Texas. If, for example, you did not discover your injury or illness until a date later than that of the accident, the clock generally will not start ticking until the date of discovery. Other exceptions exist for certain cases with minors (those under 18) and criminal offenses.

 Exceptions to Texas’ statute of limitations exist for claims arising from certain crimes, according to Section 16.0045 of the law. If the claim involves alleged child sexual assault, child sexual abuse, child sex trafficking, prostitution of a child, indecency with a child or other such sex crimes against children, the survivor will have 30 years from the date of the offense to file a civil claim. Another exception to the general rule is in a case based on exposure to asbestos or silica. For asbestos-related injuries, a victim has two years from the date of the exposed victim’s death or the date the claimant serves on a defendant to file. This exception exists because asbestos exposure typically does not result in discoverable illnesses until years later.

 Statutes of limitations are complicated. The law in Texas can have exceptions in special circumstances. Always speak to a personal injury lawyer about your deadline to file as soon as possible after an accident in Texas.

Posted by admin at 4:24 pm