Can a city penalize an employee who leaves his place of employment to participate in an emergency evacuation order?

Texas law prohibits an employer from discharging or discriminating against an employee who leaves the employee’s place of employment to participate in a general public evacuation ordered under an emergency evacuation order or a local disaster declaration. See Tex. Lab. Code §22.002.  An employer who violates this provision is liable for any loss of wages and employer-provided benefits incurred by the employee as a result of the violation.  Idat §22.003.  However, this provision does not apply to emergency services personnel, including fire fighters, police officers, emergency medical technicians, and other individuals who are required to provide services for the benefit of the general public in emergency situations, provided that adequate emergency shelter is provided for such individuals. Id. at §22.004.

Show All Answers

1. Is the city required to pay employees while the city is closed due to a disaster?
2. Can a city penalize an employee who leaves his place of employment to participate in an emergency evacuation order?