Texas Republicans target Houston ISD over 'vaccine passport' for COVID sick leave

Attorney General Ken Paxton and Republicans in the Legislature are taking aim at Houston ISD, arguing that the district’s COVID sick day policy violates state law. This academic year, Houston ISD is offering 10 additional days of paid sick leave to employees who are vaccinated against the coronavirus but test positive during the school year. Unvaccinated staff, however, must use personal leave time if they are infected. In a nonbinding opinion last week, Paxton said the policy likely constitutes a “vaccine passport,” the documentation certifying a person’s vaccination status shown in exchange for “entry or services.” The GOP-led Texas Legislature last year outlawed such requirements for both private businesses and public agencies, and Gov. Greg Abbott issued a similar executive order banning the practice last summer.

“A court would likely conclude that, by offering additional paid leave only to those employees showing proof of COVID-19 vaccination or a medical exemption, the Houston Independent School District’s COVID-19 paid leave policy violates” the executive order, Paxton wrote. Tejal Patel, a spokesperson for Houston ISD, said Paxton’s opinion “does not change the implementation” of the district’s paid leave policy. The last day of classes is just about seven weeks away. “No court has ruled that the district’s policy of awarding additional leave days to vaccinated employees violates” the executive order, Patel said. “The district continues to evaluate its COVID protocols in our efforts to maintain a safe learning and working environment.” The Texas Education Agency, which issues public health guidance for all school districts, did not immediately respond to a request for comment.