city of San Antonio


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File #: 18-4820   
Type: Staff Briefing - With Ordinance
In control: City Council A Session
On agenda: 8/16/2018
Posting Language: Ordinance amending the City Code, Chapter 15, Health, by adopting the initiated ordinance for earned paid sick time, or if the City Council does not adopt the initiated ordinance, then submitting the initiated ordinance to the electors on Tuesday, November 6, 2018, in the City of San Antonio, Bexar County, Texas. [Andrew Segovia, City Attorney]
Attachments: 1. Initiated ordinance for earned paid sick time, 2. Paid Sick Time Ordinance - Draft 1 (adopting initiated ordinance), 3. Paid Sick Time Ordinance - Draft 2 (Ordering election), 4. Earned Paid Sick Time Presentation, 5. REVISED Earned Paid Sick Time Presentation (slide 8 corrected), 6. Ordinance 2018-08-16-0620
DEPARTMENT: Office of the City Attorney
DEPARTMENT HEAD: Andy Segovia, City Attorney
COUNCIL DISTRICTS IMPACTED: City Wide
SUBJECT:
Initiated ordinance for Earned Paid Sick Time

SUMMARY:
Initiated ordinance requiring businesses in San Antonio to provide paid sick time to employees.

If the Council fails to adopt or makes changes to the ordinance, then the ordinance will be placed on the ballot for a November 6, 2018 special election.


BACKGROUND INFORMATION:

On May 24, 2018, the City Clerk received an initiative petition proposing an earned paid sick time ordinance. The ordinance would apply to all private/non-profit employers who employ anyone performing at least 80 hours of work within the City of San Antonio in a year. The petition proposes an effective date of August 1, 2019, except that for employers with no more than 5 employees at any time in the preceding 12 months, the effective date would be August 1, 2021. The proposed ordinance substantially mirrors the sick leave ordinance adopted by the City of Austin earlier this year.


ISSUE:

The initiative provides for 1 hour of earned sick time leave for every 30 hours worked by an employee within the City of San Antonio. It includes a yearly cap of 64 hours per employee per year for medium/large employers (unless the employer chooses a higher limit) and 48 hours per employee per year for small employers defined as having 15 or fewer employees.

The proposed initiative states that the Director of Metro Health shall administer the ordinance by enforcing the provisions, educating employers, interpreting the provisions and adopting policies and procedures to administer the application of the provisions. It provides for a civil penalty of up to $500.00 per violation of the ordinance.


ALTERNATIVES:

The City Council could adopt the ordinance as submitted or order the election for November 6, 2018. The City Charter affords City Council sixty days after certification by the Clerk to con...

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