84R8806 JSC-D
By: Vo H.B. No. 2537
A BILL TO BE ENTITLED
AN ACT
relating to an employee's right to leave to care for a sibling with
a serious health condition.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
adding Chapter 83 to read as follows:
CHAPTER 83. EXPANDED FAMILY AND MEDICAL LEAVE
Sec. 83.001. DEFINITIONS. In this chapter:
(1) "Eligible employee," "employer," and "serious
health condition" have the meanings assigned by the federal Family
and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.).
(2) "Sibling" means:
(A) a brother or sister of the whole or half blood
or by adoption; or
(B) a stepbrother or stepsister.
Sec. 83.002. ENTITLEMENT TO LEAVE. (a) An eligible
employee under this chapter is entitled to leave to care for a
sibling with a serious health condition.
(b) A requirement of the federal Family and Medical Leave
Act of 1993 (29 U.S.C. Section 2601 et seq.) that would apply to an
eligible employee's leave to care for a spouse, son, daughter, or
parent with a serious health condition applies to leave taken under
this chapter, including:
(1) notice requirements;
(2) the total amount of leave to which the eligible
employee is entitled;
(3) the taking of leave time intermittently or on a
reduced leave schedule under an agreement between the employer and
eligible employee; and
(4) the use of paid and unpaid leave.
Sec. 83.003. INSTITUTION OF PAID LEAVE PROGRAM NOT
REQUIRED. This chapter does not require an employer who does not
provide paid sick leave or other paid medical leave to institute a
program of paid leave for any situation in which that employer is
not normally providing paid leave.
Sec. 83.004. EMPLOYMENT AND BENEFITS PROTECTION;
EXCEPTION. (a) An eligible employee who takes leave under Section
83.002 is entitled, on return from the leave, to reinstatement in
the former position of employment or an equivalent position of
employment with equivalent employment benefits, pay, and other
terms and conditions of employment.
(b) Leave taken under Section 83.002 may not result in the
loss of any employment benefit accrued before the date on which the
leave began.
(c) This section does not entitle an eligible employee who
is reinstated in employment to the accrual of seniority or other
employment benefits during any period of leave.
(d) This section does not prohibit an employer from
requiring an eligible employee on leave under Section 83.002 to
report periodically to the employer on the status and intention of
the employee to return to work.
Sec. 83.005. PROHIBITED ACTS. (a) An employer may not
interfere with, restrain, or deny the exercise of or the attempt to
exercise any right provided under this chapter.
(b) An employer may not discharge or otherwise discriminate
against an individual for opposing a practice made unlawful by this
chapter.
(c) A person may not discharge or otherwise discriminate
against an individual because that individual has:
(1) filed a charge, or instituted or caused to be
instituted a proceeding, under or related to this chapter;
(2) given, or is about to give, any information in
connection with an inquiry or proceeding relating to a right
provided under this chapter; or
(3) testified, or is about to testify, in an inquiry or
proceeding relating to a right provided under this chapter.
Sec. 83.006. ENFORCEMENT. (a) An employer who violates
Section 83.005 is liable to an affected individual for damages
equal to the amount of:
(1) any wages, salary, employment benefits, or other
compensation denied or lost to the individual by reason of the
violation or, if wages, salary, employment benefits, or other
compensation has not been denied or lost, any actual monetary
losses sustained by the individual as a direct result of the
violation, including the cost of providing necessary care to the
eligible employee's sibling with a serious health condition, not to
exceed an amount equal to the individual's wages or salary for 12
weeks; and
(2) interest on the amount determined under
Subdivision (1) computed at the prevailing rate of interest on
judgments.
(b) The employer is also liable for equitable relief as
appropriate, including employment, reinstatement, and promotion.
(c) In addition to any judgment awarded to the plaintiff,
the court may require the defendant to pay reasonable attorney's
fees, reasonable expert witness fees, and other costs.
Sec. 83.007. RULES. The commission shall adopt rules as
necessary to administer this chapter.
SECTION 2. (a) This Act applies only to a suspension,
termination, or other adverse employment action that is taken by an
employer against an employee because of an employee absence
authorized under Chapter 83, Labor Code, as added by this Act, that
occurs on or after January 1, 2016. Action taken by an employer
against an employee for an employee absence occurring before
January 1, 2016, is governed by the law in effect immediately before
the effective date of this Act, and the former law is continued in
effect for that purpose.
(b) An employee is not entitled to take leave as provided by
Chapter 83, Labor Code, as added by this Act, before January 1,
2016.
(c) The Texas Workforce Commission shall adopt the rules
required by Chapter 83, Labor Code, as added by this Act, not later
than November 1, 2015.
SECTION 3. This Act takes effect September 1, 2015.