| 1 | | - | By: Martinez, et al. (Senate Sponsor - Hinojosa) H.B. No. 88 |
|---|
| 2 | | - | (In the Senate - Received from the House April 18, 2017; |
|---|
| 3 | | - | May 1, 2017, read first time and referred to Committee on Natural |
|---|
| 4 | | - | Resources & Economic Development; May 9, 2017, reported favorably |
|---|
| 5 | | - | by the following vote: Yeas 11, Nays 0; May 9, 2017, sent to |
|---|
| 6 | | - | printer.) |
|---|
| 7 | | - | Click here to see the committee vote |
|---|
| 1 | + | H.B. No. 88 |
|---|
| 11 | 4 | | AN ACT |
|---|
| 12 | 5 | | relating to an unlawful employment practice by an employer whose |
|---|
| 13 | 6 | | leave policy does not permit an employee to use leave to care for |
|---|
| 14 | 7 | | the employee's foster child. |
|---|
| 15 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 16 | 9 | | SECTION 1. Subchapter B, Chapter 21, Labor Code, is amended |
|---|
| 17 | 10 | | by adding Section 21.0595 to read as follows: |
|---|
| 18 | 11 | | Sec. 21.0595. DISCRIMINATORY LEAVE POLICY AFFECTING |
|---|
| 19 | 12 | | EMPLOYEE'S ENTITLEMENT TO PERSONAL LEAVE TO CARE FOR SICK FOSTER |
|---|
| 20 | 13 | | CHILD. An employer commits an unlawful employment practice if: |
|---|
| 21 | 14 | | (1) the employer administers a leave policy under |
|---|
| 22 | 15 | | which an employee is entitled to personal leave to care for or |
|---|
| 23 | 16 | | otherwise assist the employee's sick child; and |
|---|
| 24 | 17 | | (2) the leave policy described by Subdivision (1) does |
|---|
| 25 | 18 | | not treat in the same manner as an employee's biological or adopted |
|---|
| 26 | 19 | | minor child any foster child of the employee who: |
|---|
| 27 | 20 | | (A) resides in the same household as the |
|---|
| 28 | 21 | | employee; and |
|---|
| 29 | 22 | | (B) is under the conservatorship of the |
|---|
| 30 | 23 | | Department of Family and Protective Services. |
|---|
| 31 | 24 | | SECTION 2. Section 21.0595, Labor Code, as added by this |
|---|
| 32 | 25 | | Act, applies only to a claim of discrimination based on conduct that |
|---|
| 33 | 26 | | occurs on or after the effective date of this Act. A claim of |
|---|
| 34 | 27 | | discrimination that is based on conduct that occurs before the |
|---|
| 35 | 28 | | effective date of this Act is governed by the law in effect on the |
|---|
| 36 | 29 | | date the conduct occurred, and the former law is continued in effect |
|---|
| 37 | 30 | | for that purpose. |
|---|
| 38 | 31 | | SECTION 3. This Act takes effect September 1, 2017. |
|---|
| 39 | | - | * * * * * |
|---|
| 32 | + | ______________________________ ______________________________ |
|---|
| 33 | + | President of the Senate Speaker of the House |
|---|
| 34 | + | I certify that H.B. No. 88 was passed by the House on April |
|---|
| 35 | + | 13, 2017, by the following vote: Yeas 136, Nays 2, 3 present, not |
|---|
| 36 | + | voting. |
|---|
| 37 | + | ______________________________ |
|---|
| 38 | + | Chief Clerk of the House |
|---|
| 39 | + | I certify that H.B. No. 88 was passed by the Senate on May 12, |
|---|
| 40 | + | 2017, by the following vote: Yeas 31, Nays 0. |
|---|
| 41 | + | ______________________________ |
|---|
| 42 | + | Secretary of the Senate |
|---|
| 43 | + | APPROVED: _____________________ |
|---|
| 44 | + | Date |
|---|
| 45 | + | _____________________ |
|---|
| 46 | + | Governor |
|---|