Texas 2015 - 84th Regular

Texas Senate Bill SB1273 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R12137 LED-D
2	2	By: West S.B. No. 1273
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the rights of an employee who is a victim of domestic
8	8	violence.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
11	11	adding Chapter 83 to read as follows:
12	12	CHAPTER 83. RIGHTS OF EMPLOYEES WHO ARE VICTIMS OF DOMESTIC
13	13	VIOLENCE
14	14	Sec. 83.001. DEFINITIONS. In this chapter:
15	15	(1) "Employee" means an individual, other than an
16	16	independent contractor, who, for compensation, performs services
17	17	for an employer under a written or oral contract of hire, whether
18	18	express or implied.
19	19	(2) "Employer" means a person who employs 25 or more
20	20	employees.
21	21	Sec. 83.002. RIGHT TO SEEK TREATMENT OR ATTEND COURT
22	22	PROCEEDINGS; NOTICE TO EMPLOYER. (a) An employee who is a victim
23	23	of domestic violence is entitled to time off from work as provided
24	24	by this chapter to seek treatment or counseling or attend court
25	25	proceedings related to the incident of domestic violence.
26	26	(b) An employee who is a victim of domestic violence is
27	27	entitled to three days of leave time for each incident of domestic
28	28	violence.
29	29	(c) An employee entitled to time off under this chapter
30	30	must, not later than the seventh day after the date of receiving
31	31	notice of the scheduling of an appointment for treatment or
32	32	counseling or a court proceeding, notify the employee's employer
33	33	that the employee will take the time off.
34	34	Sec. 83.003. USE OF LEAVE TIME. An employee may be required
35	35	by an employer to use existing vacation leave time, personal leave
36	36	time, or compensatory leave time for the purpose of an absence from
37	37	work authorized by this chapter.
38	38	Sec. 83.004. EFFECT ON EMPLOYEE BENEFITS. (a) Except as
39	39	provided by Subsection (b), an employer may not reduce the benefits
40	40	otherwise owed to an employee for any pay period because the
41	41	employee took time off during that pay period for the purpose of an
42	42	absence from work authorized by this chapter.
43	43	(b) An employer is not required to pay an employee for the
44	44	time the employee is absent from work under this chapter unless the
45	45	employee is using paid leave time.
46	46	Sec. 83.005. DOCUMENTATION. On return to work an employee
47	47	shall provide reasonable documentation to the employer on the
48	48	employer's request regarding the employee's absence from work to
49	49	seek treatment or counseling or attend court proceedings related to
50	50	the incident of domestic violence of which the employee was a
51	51	victim.
52	52	Sec. 83.006. REASONABLE WORKPLACE SAFETY ACCOMMODATIONS.
53	53	An employer shall make reasonable workplace safety accommodations
54	54	for an employee who is a victim of domestic violence, unless the
55	55	employer demonstrates that the workplace safety accommodation
56	56	would impose an undue hardship on the operation of the business of
57	57	the employer.
58	58	Sec. 83.007. EMPLOYER RETALIATION PROHIBITED. (a) An
59	59	employer may not suspend or terminate the employment of, or
60	60	otherwise discriminate against, an employee because the employee is
61	61	a victim of domestic violence or because the employee takes time off
62	62	from work or requests a reasonable workplace safety accommodation
63	63	as authorized by this chapter.
64	64	(b) An employee whose employment is suspended or terminated
65	65	in violation of this chapter is entitled to:
66	66	(1) reinstatement to the employee's former position or
67	67	a position that is comparable in terms of compensation, benefits,
68	68	and other conditions of employment;
69	69	(2) compensation for wages lost during the period of
70	70	suspension or termination;
71	71	(3) compensation for any monetary loss directly
72	72	resulting from the violation;
73	73	(4) reinstatement of any fringe benefits and seniority
74	74	rights lost because of the suspension or termination;
75	75	(5) if the employer's violation is wilful, payment by
76	76	the employer of court costs, reasonable attorney's fees, and
77	77	interest; and
78	78	(6) additional liquidated damages in an amount not to
79	79	exceed 25 percent of the amount to which an employee is otherwise
80	80	entitled under this section.
81	81	(c) An employer who raises the defense of undue hardship
82	82	bears the burden of establishing that an undue hardship exists in
83	83	relation to:
84	84	(1) the nature and cost of the workplace safety
85	85	accommodation;
86	86	(2) the overall financial resources of the employer;
87	87	(3) the effect on expenses and resources or any other
88	88	impact of the workplace safety accommodation on the operation of
89	89	the employer; and
90	90	(4) the overall size of the business of the employer
91	91	with respect to the number of employees and the number, type, and
92	92	location of its facilities.
93	93	SECTION 2. This Act applies only to a suspension,
94	94	termination, or other adverse employment action that is taken by an
95	95	employer against an employee in violation of Chapter 83, Labor
96	96	Code, as added by this Act, that occurs on or after the effective
97	97	date of this Act. A suspension, termination, or other adverse
98	98	employment action that is taken by an employer against an employee
99	99	before the effective date of this Act is governed by the law in
100	100	effect on the date the employment action is taken, and the former
101	101	law is continued in effect for that purpose.
102	102	SECTION 3. This Act takes effect September 1, 2015.