| 1 | 1 | | 83R2840 KSD-D |
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| 2 | 2 | | By: Martinez H.B. No. 667 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to an unlawful employment practice for an employer whose |
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| 8 | 8 | | leave policy does not permit an employee to use leave to care for |
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| 9 | 9 | | the employee's foster child. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter B, Chapter 21, Labor Code, is amended |
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| 12 | 12 | | by adding Section 21.0595 to read as follows: |
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| 13 | 13 | | Sec. 21.0595. DISCRIMINATORY LEAVE POLICY AFFECTING |
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| 14 | 14 | | EMPLOYEE'S ENTITLEMENT TO PERSONAL LEAVE TO CARE FOR SICK FOSTER |
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| 15 | 15 | | CHILD. An employer commits an unlawful employment practice if: |
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| 16 | 16 | | (1) the employer administers a leave policy under |
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| 17 | 17 | | which an employee is entitled to personal leave to care for or |
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| 18 | 18 | | otherwise assist the employee's sick child; and |
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| 19 | 19 | | (2) the leave policy described by Subdivision (1) does |
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| 20 | 20 | | not treat in the same manner as an employee's biological or adopted |
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| 21 | 21 | | minor child any foster child of the employee who: |
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| 22 | 22 | | (A) resides in the same household as the |
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| 23 | 23 | | employee; and |
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| 24 | 24 | | (B) is under the conservatorship of the |
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| 25 | 25 | | Department of Family and Protective Services. |
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| 26 | 26 | | SECTION 2. Section 21.0595, Labor Code, as added by this |
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| 27 | 27 | | Act, applies only to a claim of discrimination based on conduct that |
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| 28 | 28 | | occurs on or after the effective date of this Act. A claim of |
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| 29 | 29 | | discrimination that is based on conduct that occurs before the |
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| 30 | 30 | | effective date of this Act is governed by the law in effect on the |
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| 31 | 31 | | date the conduct occurred, and the former law is continued in effect |
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| 32 | 32 | | for that purpose. |
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| 33 | 33 | | SECTION 3. This Act takes effect September 1, 2013. |
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