By: Martinez, et al. (Senate Sponsor - Hinojosa) H.B. No. 88
(In the Senate - Received from the House April 18, 2017;
May 1, 2017, read first time and referred to Committee on Natural
Resources & Economic Development; May 9, 2017, reported favorably
by the following vote: Yeas 11, Nays 0; May 9, 2017, sent to
printer.)
Click here to see the committee vote
A BILL TO BE ENTITLED
AN ACT
relating to an unlawful employment practice by an employer whose
leave policy does not permit an employee to use leave to care for
the employee's foster child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 21, Labor Code, is amended
by adding Section 21.0595 to read as follows:
Sec. 21.0595. DISCRIMINATORY LEAVE POLICY AFFECTING
EMPLOYEE'S ENTITLEMENT TO PERSONAL LEAVE TO CARE FOR SICK FOSTER
CHILD. An employer commits an unlawful employment practice if:
(1) the employer administers a leave policy under
which an employee is entitled to personal leave to care for or
otherwise assist the employee's sick child; and
(2) the leave policy described by Subdivision (1) does
not treat in the same manner as an employee's biological or adopted
minor child any foster child of the employee who:
(A) resides in the same household as the
employee; and
(B) is under the conservatorship of the
Department of Family and Protective Services.
SECTION 2. Section 21.0595, Labor Code, as added by this
Act, applies only to a claim of discrimination based on conduct that
occurs on or after the effective date of this Act. A claim of
discrimination that is based on conduct that occurs before the
effective date of this Act is governed by the law in effect on the
date the conduct occurred, and the former law is continued in effect
for that purpose.
SECTION 3. This Act takes effect September 1, 2017.
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