84R12137 LED-D
By: West S.B. No. 1273
A BILL TO BE ENTITLED
AN ACT
relating to the rights of an employee who is a victim of domestic
violence.
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. RIGHTS OF EMPLOYEES WHO ARE VICTIMS OF DOMESTIC
VIOLENCE
Sec. 83.001. DEFINITIONS. In this chapter:
(1) "Employee" means an individual, other than an
independent contractor, who, for compensation, performs services
for an employer under a written or oral contract of hire, whether
express or implied.
(2) "Employer" means a person who employs 25 or more
employees.
Sec. 83.002. RIGHT TO SEEK TREATMENT OR ATTEND COURT
PROCEEDINGS; NOTICE TO EMPLOYER. (a) An employee who is a victim
of domestic violence is entitled to time off from work as provided
by this chapter to seek treatment or counseling or attend court
proceedings related to the incident of domestic violence.
(b) An employee who is a victim of domestic violence is
entitled to three days of leave time for each incident of domestic
violence.
(c) An employee entitled to time off under this chapter
must, not later than the seventh day after the date of receiving
notice of the scheduling of an appointment for treatment or
counseling or a court proceeding, notify the employee's employer
that the employee will take the time off.
Sec. 83.003. USE OF LEAVE TIME. An employee may be required
by an employer to use existing vacation leave time, personal leave
time, or compensatory leave time for the purpose of an absence from
work authorized by this chapter.
Sec. 83.004. EFFECT ON EMPLOYEE BENEFITS. (a) Except as
provided by Subsection (b), an employer may not reduce the benefits
otherwise owed to an employee for any pay period because the
employee took time off during that pay period for the purpose of an
absence from work authorized by this chapter.
(b) An employer is not required to pay an employee for the
time the employee is absent from work under this chapter unless the
employee is using paid leave time.
Sec. 83.005. DOCUMENTATION. On return to work an employee
shall provide reasonable documentation to the employer on the
employer's request regarding the employee's absence from work to
seek treatment or counseling or attend court proceedings related to
the incident of domestic violence of which the employee was a
victim.
Sec. 83.006. REASONABLE WORKPLACE SAFETY ACCOMMODATIONS.
An employer shall make reasonable workplace safety accommodations
for an employee who is a victim of domestic violence, unless the
employer demonstrates that the workplace safety accommodation
would impose an undue hardship on the operation of the business of
the employer.
Sec. 83.007. EMPLOYER RETALIATION PROHIBITED. (a) An
employer may not suspend or terminate the employment of, or
otherwise discriminate against, an employee because the employee is
a victim of domestic violence or because the employee takes time off
from work or requests a reasonable workplace safety accommodation
as authorized by this chapter.
(b) An employee whose employment is suspended or terminated
in violation of this chapter is entitled to:
(1) reinstatement to the employee's former position or
a position that is comparable in terms of compensation, benefits,
and other conditions of employment;
(2) compensation for wages lost during the period of
suspension or termination;
(3) compensation for any monetary loss directly
resulting from the violation;
(4) reinstatement of any fringe benefits and seniority
rights lost because of the suspension or termination;
(5) if the employer's violation is wilful, payment by
the employer of court costs, reasonable attorney's fees, and
interest; and
(6) additional liquidated damages in an amount not to
exceed 25 percent of the amount to which an employee is otherwise
entitled under this section.
(c) An employer who raises the defense of undue hardship
bears the burden of establishing that an undue hardship exists in
relation to:
(1) the nature and cost of the workplace safety
accommodation;
(2) the overall financial resources of the employer;
(3) the effect on expenses and resources or any other
impact of the workplace safety accommodation on the operation of
the employer; and
(4) the overall size of the business of the employer
with respect to the number of employees and the number, type, and
location of its facilities.
SECTION 2. This Act applies only to a suspension,
termination, or other adverse employment action that is taken by an
employer against an employee in violation of Chapter 83, Labor
Code, as added by this Act, that occurs on or after the effective
date of this Act. A suspension, termination, or other adverse
employment action that is taken by an employer against an employee
before the effective date of this Act is governed by the law in
effect on the date the employment action is taken, and the former
law is continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2015.