Note The library cannot tell you what the law means for your situation.
Texas law prohibits private employers from adopting or enforcing COVID-19 vaccine mandates. This law covers employees, contractors, and applicants. These restrictions are in Chapter 81D of the Texas Health & Safety Code.
Employers cannot take an "adverse action" against unvaccinated employees, contractors, or applicants. This term is defined in Section 81D.001:
(1)"Adverse action" means an action taken by an employer that a reasonable person would consider was for the purpose of punishing, alienating, or otherwise- adversely affecting an employee, contractor, applicant for employment, or applicant for a contract position.
There is an exception for certain health care facilities, providers, and physicians. These groups can require unvaccinated employees and contractors to wear protective medical equipment. See Section 81D.0035(b) for more details.
The Texas Workforce Commission (TWC) takes complaints about violations of this law. TWC can:
We have not been able to locate any Texas laws or federal laws that place restrictions on testing for COVID-19.
See our Legal FAQ Can I be required to show proof of a COVID-19 test? for more.
Except in certain narrow situations, there is no state or federal law that requires an employer to provide paid leave to their employees. Legislation in the beginning of the pandemic required employers to offer paid leave for COVID-19, but this expired in 2020.
Whether you are eligible for paid leave likely depends on your employer's policies.
Some employees may qualify for unpaid leave under the Family and Medical Leave Act (FMLA). This federal law requires employers to offer unpaid leave to their employees for certain medical and family reasons.
Additionally, Texas Local Government Code Section 180.009 requires local governments to implement paid quarantine leave policies for certain employees (fire fighters, peace officers, detention officers, and EMTs) who come into contact with a communicable disease while on duty.
It's important to talk to your workplace about what you qualify for. Be sure to check with an attorney if you have questions about qualifying for medical leave during the COVID-19 pandemic.
Employers have a responsibility to provide a safe and healthy working environment for their employees at all times and are expected to take certain safety precautions to protect workers during the COVID-19 pandemic.
Below are links to guidance from several federal agencies that detail how workplaces can take various health and safety measures to limit workers' exposure to COVID-19.
Note The library cannot tell you what the law means for your situation.