Texas 2017 - 85th Regular

Texas House Bill HB656 Compare Versions

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

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1	1	85R3061 JSC-D
2	2	By: Minjarez H.B. No. 656
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to employment leave for certain family or medical
8	8	obligations; imposing an assessment.
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 85 to read as follows:
12	12	CHAPTER 85. EMPLOYEE LEAVE FOR FAMILY OR MEDICAL OBLIGATIONS
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 85.001. DEFINITIONS. In this chapter:
15	15	(1) "Child" means a biological child, adopted or
16	16	foster child, stepchild, legal ward, or child of a person standing
17	17	in loco parentis who is:
18	18	(A) under 18 years of age; or
19	19	(B) 18 years of age or older and incapable of
20	20	self-care because of a physical or mental disability or serious
21	21	health condition.
22	22	(2) "Commission" means the Texas Workforce
23	23	Commission.
24	24	(3) "Employee" means an individual who performs
25	25	services for an employer for compensation under an oral or written
26	26	contract of hire, whether express or implied. The term does not
27	27	include an independent contractor.
28	28	(4) "Employer" means a person who employs employees.
29	29	The term includes a public employer.
30	30	(5) "Employment benefits" means all benefits provided
31	31	by or made available to an employee by an employer. The term
32	32	includes group life insurance, health insurance, disability
33	33	insurance, sick leave, annual leave, educational benefits, and
34	34	pensions whether the benefits are provided by a practice or written
35	35	policy of an employer or through an employee benefit plan.
36	36	(6) "Family violence" has the meaning assigned by
37	37	Section 71.004, Family Code.
38	38	(7) "Grandchild" means the child of a child of an
39	39	employee.
40	40	(8) "Grandparent" means the parent of a parent of an
41	41	employee.
42	42	(9) "Grandparent-in-law" means the parent of a parent
43	43	of an employee's spouse.
44	44	(10) "Health care provider" means:
45	45	(A) a licensed individual who provides or renders
46	46	health care; or
47	47	(B) an unlicensed individual who provides or
48	48	renders health care under the direction or supervision of a
49	49	physician.
50	50	(11) "Parent" means:
51	51	(A) the biological parent of an employee; or
52	52	(B) an individual who stood in loco parentis to
53	53	an employee when the employee was a child.
54	54	(12) "Parent-in-law" means the parent of an employee's
55	55	spouse.
56	56	(13) "Serious health condition" means an illness,
57	57	injury, impairment, or physical or mental condition that requires
58	58	inpatient care in a hospital, hospice, or residential medical care
59	59	facility or continuing treatment by a health care provider. The
60	60	term includes a serious disease such as cancer or acquired immune
61	61	deficiency syndrome.
62	62	(14) "Sexual abuse" means any conduct that constitutes
63	63	an offense under Section 21.02 or 21.11, Penal Code.
64	64	(15) "Sexual assault" means any conduct that
65	65	constitutes an offense under Section 22.011 or 22.021, Penal Code.
66	66	(16) "Sibling" means the brother or sister of an
67	67	employee or an employee's spouse.
68	68	(17) "Stalking" means any conduct that constitutes an
69	69	offense under Section 42.072, Penal Code.
70	70	(18) "Trafficking" means any conduct that constitutes
71	71	an offense under Section 20A.02, Penal Code.
72	72	Sec. 85.002. RULES. The commission shall adopt rules as
73	73	necessary to administer this chapter.
74	74	SUBCHAPTER B. FAMILY AND MEDICAL LEAVE
75	75	Sec. 85.051. FAMILY AND MEDICAL LEAVE. (a) An employee who
76	76	has been employed by an employer for at least one year is entitled
77	77	to not less than 30 days of leave:
78	78	(1) to attend to the employee's own serious health
79	79	condition;
80	80	(2) to care for the following individuals with a
81	81	serious health condition:
82	82	(A) the employee's child;
83	83	(B) the employee's grandchild;
84	84	(C) the employee's spouse;
85	85	(D) the employee's sibling;
86	86	(E) the employee's parent or parent-in-law; or
87	87	(F) the employee's grandparent or
88	88	grandparent-in-law;
89	89	(3) to spend time with a child due to:
90	90	(A) the birth of the employee's child; or
91	91	(B) the placement of a child with the employee in
92	92	connection with the adoption or foster care of the child by the
93	93	employee; or
94	94	(4) to attend to the following, if the employee or
95	95	employee's family member described by Subdivision (2) is a victim
96	96	of family violence, sexual assault, sexual abuse, stalking, or
97	97	trafficking:
98	98	(A) the receipt of medical care or psychological
99	99	or other counseling for physical or psychological injury or
100	100	disability;
101	101	(B) the receipt of services from a victim
102	102	services organization;
103	103	(C) relocation due to the family violence, sexual
104	104	assault, sexual abuse, stalking, or trafficking; or
105	105	(D) participation in any civil or criminal
106	106	proceeding related to or resulting from the family violence, sexual
107	107	assault, sexual abuse, stalking, or trafficking.
108	108	(b) For purposes of Subsection (a)(2), care provided by an
109	109	employee includes physical care, emotional support, visitation,
110	110	assistance in treatment, transportation, arranging for a change in
111	111	care, assistance with essential daily living matters, and personal
112	112	attendant services.
113	113	(c) Eligibility for leave under Subsection (a)(3) expires
114	114	on the first anniversary of the date of the child's birth or
115	115	placement with the employee, as applicable.
116	116	(d) If the employer provides paid sick leave, or other
117	117	accrued paid leave, the employee described by Subsection (a) is
118	118	entitled to use up to 30 days of paid leave for a purpose authorized
119	119	under this chapter.
120	120	(e) If the employer does not provide paid leave for the
121	121	employee, or provides paid leave that may not be used for the
122	122	purposes described by this section, the employee is entitled to
123	123	wage replacement benefits under Subchapter C for leave taken for a
124	124	purpose authorized under this chapter.
125	125	Sec. 85.052. INSTITUTION OF PAID LEAVE PROGRAM NOT
126	126	REQUIRED. This subchapter does not require an employer who does
127	127	not provide paid sick leave or other paid medical leave to institute
128	128	a program of paid leave.
129	129	Sec. 85.053. FORESEEABILITY OF LEAVE; NOTICE TO EMPLOYER.
130	130	(a) If the necessity for leave under Section 85.051(a) is
131	131	reasonably foreseeable, the affected employee shall provide notice
132	132	to the employer.
133	133	(b) If the necessity for leave under Section 85.051(a)(1) or
134	134	(2) is foreseeable because of planned medical treatment, the
135	135	employee shall make a reasonable effort to schedule the treatment
136	136	to avoid disrupting the operations of the employer, subject to the
137	137	approval of the applicable health care provider.
138	138	Sec. 85.054. DOCUMENTATION. (a) An employer may require
139	139	that an employee requesting leave under this chapter provide
140	140	documentation for the reason the leave was taken and the amount of
141	141	leave taken.
142	142	(b) The commission shall adopt rules regarding the forms of
143	143	documentation an employer may require under this section.
144	144	Sec. 85.055. AMOUNT OF PAID LEAVE. (a) An employee who is
145	145	eligible for leave under this chapter and whose employer provides
146	146	paid leave is entitled to an amount paid by the employer equal to
147	147	the average amount the employee would have been paid if the employee
148	148	had worked during that pay period.
149	149	(b) If the employee takes less than a full pay period of
150	150	leave under this chapter, the employer shall prorate the amount of
151	151	pay for each day of leave the employee takes.
152	152	Sec. 85.056. EMPLOYMENT AND BENEFITS PROTECTION;
153	153	EXCEPTION. (a) An employee who takes leave under this chapter is
154	154	entitled, on return from the leave, to reinstatement in the former
155	155	position of employment or an equivalent position of employment with
156	156	equivalent employment benefits, pay, and other terms of employment.
157	157	(b) Leave taken under Section 85.051 may not result in the
158	158	loss of any employment benefit accrued before the date on which the
159	159	leave began.
160	160	(c) This section does not entitle an employee who is
161	161	reinstated in employment to:
162	162	(1) the accrual of seniority or other employment
163	163	benefits during any period of leave; or
164	164	(2) any right, benefit, or position of employment
165	165	other than any right, benefit, or position to which the employee
166	166	would have been entitled had the employee not taken the leave.
167	167	(d) This section does not prohibit an employer from
168	168	requiring an employee on leave under this chapter to report
169	169	periodically to the employer on the status and intention of the
170	170	employee to return to work.
171	171	Sec. 85.057. LEAVE CONCURRENT WITH FEDERAL FAMILY LEAVE
172	172	ACT. An employee who is entitled to leave under the federal Family
173	173	and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) must
174	174	take leave under that law concurrent with any leave taken under this
175	175	chapter.
176	176	SUBCHAPTER C. WAGE REPLACEMENT BENEFITS
177	177	Sec. 85.101. ELIGIBILITY FOR FAMILY CARE LEAVE WAGE
178	178	REPLACEMENT BENEFITS. If an employer does not provide paid leave,
179	179	an employee who has been employed by the employer for at least one
180	180	year is eligible for family care leave wage replacement benefits
181	181	under this chapter for not more than 30 days.
182	182	Sec. 85.102. AMOUNT OF WAGE REPLACEMENT BENEFITS. (a) An
183	183	employee who is eligible for wage replacement benefits under
184	184	Section 85.101 shall be paid an amount equal to the average amount
185	185	the employee would have been paid if the employee had worked during
186	186	that pay period.
187	187	(b) An employee who takes less than a full pay period of
188	188	leave under this chapter is entitled to a prorated amount of the
189	189	benefit under Subsection (a).
190	190	(c) An employee may not receive more than 30 days of wage
191	191	replacement benefits under this subchapter in any 12-month period.
192	192	Sec. 85.103. INELIGIBILITY OF CERTAIN EMPLOYEES FOR
193	193	BENEFITS. An employee is not eligible for benefits under this
194	194	subchapter with respect to any day for which the employee receives:
195	195	(1) benefits under any other law providing
196	196	unemployment compensation; or
197	197	(2) disability insurance benefits or workers'
198	198	compensation benefits under any state or federal law.
199	199	Sec. 85.104. WAGE REPLACEMENT BENEFIT FUND. The wage
200	200	replacement benefit fund is an account in the general revenue fund
201	201	to be administered by the commission. Money in the fund may be
202	202	appropriated only to pay benefits required under this subchapter.
203	203	Sec. 85.105. EMPLOYEE CONTRIBUTION. Each employee shall
204	204	contribute monthly to the wage replacement benefit fund by paying
205	205	an assessment in an amount equal to one quarter of one percent of
206	206	the employee's average monthly pay.
207	207	Sec. 85.106. RULES. The commission shall adopt rules
208	208	regarding:
209	209	(1) the application by an employee for benefits under
210	210	this subchapter, including any necessary supporting documentation
211	211	an employee must submit;
212	212	(2) the manner of collecting employee contributions
213	213	required under Section 85.105; and
214	214	(3) the manner of payment of benefits under this
215	215	subchapter.
216	216	Sec. 85.107. APPEAL. A person whose application for wage
217	217	replacement benefits under this subchapter is denied may appeal the
218	218	denial in the manner provided for appeal of a contested case under
219	219	Chapter 2001, Government Code.
220	220	Sec. 85.108. REPORT. (a) Not later than December 1, 2020,
221	221	the commission shall submit to the legislature a report on the wage
222	222	replacement benefits paid under this chapter that includes:
223	223	(1) the total number of applications filed;
224	224	(2) the average number of days between the filing of an
225	225	application for benefits and a determination by the commission; and
226	226	(3) any contested cases between an employee and the
227	227	commission regarding wage replacement filed under this subchapter
228	228	and the outcome of those cases.
229	229	(b) This section expires August 31, 2021.
230	230	SUBCHAPTER D. ENFORCEMENT
231	231	Sec. 85.151. PROHIBITED ACTS. (a) An employer may not
232	232	interfere with, restrain, or deny the exercise of or an attempt to
233	233	exercise any right provided under this chapter.
234	234	(b) An employer may not discharge or otherwise discriminate
235	235	against an individual for opposing a practice made unlawful by this
236	236	chapter.
237	237	(c) A person may not discharge or otherwise discriminate
238	238	against an individual because the individual has:
239	239	(1) filed a charge, or instituted or caused to be
240	240	instituted a proceeding, under or related to this chapter;
241	241	(2) given, or is about to give, any information in
242	242	connection with an inquiry or proceeding relating to a right
243	243	provided under this chapter; or
244	244	(3) testified, or is about to testify, in an inquiry or
245	245	proceeding relating to a right provided under this chapter.
246	246	Sec. 85.152. UNLAWFUL EMPLOYMENT PRACTICE. An employer who
247	247	violates this chapter commits an unlawful employment practice under
248	248	Chapter 21.
249	249	SUBCHAPTER E. COMMUNITY OUTREACH
250	250	Sec. 85.201. OUTREACH PROGRAM. (a) The commission shall
251	251	develop and implement an outreach program to inform employees about
252	252	the availability of paid leave under this chapter.
253	253	(b) The program must include distribution of notices and
254	254	other written materials in both English and Spanish.
255	255	(c) The commission shall make the written materials under
256	256	Subsection (b) available on the commission's Internet website.
257	257	SECTION 2. (a) An employee is not entitled to take leave as
258	258	provided by Chapter 85, Labor Code, as added by this Act, before
259	259	January 1, 2018.
260	260	(b) The Texas Workforce Commission shall adopt rules as
261	261	required by Chapter 85, Labor Code, as added by this Act, not later
262	262	than November 1, 2017. In adopting rules under this Act, the
263	263	commission shall develop procedures for the payment of wage
264	264	replacement benefits under Subchapter C, Chapter 85, Labor Code, as
265	265	added by this Act, to employees who become eligible for family care
266	266	leave wage replacement benefits under that subchapter on and after
267	267	January 1, 2018.
268	268	SECTION 3. This Act takes effect September 1, 2017.