Texas 2021 - 87th 2nd C.S.

Texas House Bill HB64 Compare Versions

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

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1	1	By: Reynolds H.B. No. 64
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to requiring certain employers to provide paid sick leave
7	7	to employees; providing administrative and civil penalties.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
10	10	adding Chapter 83 to read as follows:
11	11	CHAPTER 83. EARNED PAID SICK LEAVE
12	12	Sec. 83.001. DEFINITIONS. In this chapter:
13	13	(1) "Commission" means the Texas Workforce
14	14	Commission.
15	15	(2) "Employee" means a person employed by an employer.
16	16	(3) "Employer" means a person who is engaged in an
17	17	industry affecting commerce and who employs one or more employees.
18	18	(4) "Family member" means:
19	19	(A) the employee's spouse;
20	20	(B) the employee's natural child, adopted child,
21	21	stepchild, foster child, or legal ward;
22	22	(C) a child to whom the employee stands in loco
23	23	parentis;
24	24	(D) a person to whom the employee stood in loco
25	25	parentis when the person was a child;
26	26	(E) the employee's parent, foster parent,
27	27	stepparent, adoptive parent, or legal guardian or conservator;
28	28	(F) a parent, foster parent, stepparent,
29	29	adoptive parent, or legal guardian or conservator of the employee's
30	30	spouse;
31	31	(G) the employee's grandparent or
32	32	step-grandparent;
33	33	(H) the grandparent or step-grandparent of the
34	34	employee's spouse;
35	35	(I) the employee's brother or sister of the whole
36	36	or half blood or by adoption;
37	37	(J) a brother or sister of the whole or half blood
38	38	or by adoption of the employee's spouse;
39	39	(K) the employee's stepbrother or stepsister;
40	40	(L) a stepbrother or stepsister of the employee's
41	41	spouse;
42	42	(M) the employee's foster brother or sister;
43	43	(N) a foster brother or sister of the employee's
44	44	spouse;
45	45	(O) the employee's grandchild or
46	46	step-grandchild;
47	47	(P) a grandchild or step-grandchild of the
48	48	employee's spouse;
49	49	(Q) a person for whom the employee is responsible
50	50	for providing or arranging care; or
51	51	(R) a person related to the employee by
52	52	consanguinity or affinity who lives in the employee's household.
53	53	(5) "Family violence" has the meaning assigned by
54	54	Section 71.004, Family Code.
55	55	(6) "Harassment" means any conduct that constitutes an
56	56	offense under Section 42.07, Penal Code.
57	57	(7) "Household" has the meaning assigned by Section
58	58	71.005, Family Code.
59	59	(8) "Sexual abuse" means any conduct that constitutes
60	60	an offense under Section 21.02, 21.11, or 25.02, Penal Code.
61	61	(9) "Sexual assault" means any conduct that
62	62	constitutes an offense under Section 22.011 or 22.021, Penal Code.
63	63	(10) "Stalking" means any conduct that constitutes an
64	64	offense under Section 42.072, Penal Code.
65	65	Sec. 83.002. APPLICABILITY OF CHAPTER. This chapter does
66	66	not apply to:
67	67	(1) an employee who is entitled to unemployment
68	68	benefits or allowances under the Railroad Unemployment Insurance
69	69	Act (45 U.S.C. Section 351 et seq.); or
70	70	(2) an employer who is an agency of the federal
71	71	government.
72	72	Sec. 83.003. PAID SICK LEAVE REQUIRED. Each employer shall
73	73	provide paid sick leave annually to each employee in this state
74	74	under the terms of this chapter.
75	75	Sec. 83.004. PAID SICK LEAVE ACCRUAL AND CARRYOVER. (a)
76	76	Paid sick leave under this chapter accrues beginning on the date of
77	77	hire at a rate of one hour of paid sick leave for each 30 hours
78	78	worked by an employee.
79	79	(b) Each employee is entitled to carry over unused paid sick
80	80	leave from the current calendar year to the following calendar year
81	81	unless the employer elects to pay an employee for unused sick leave
82	82	at the end of the calendar year and make paid sick leave available
83	83	at the beginning of the next calendar year as provided by Section
84	84	83.005(b).
85	85	(c) Sick leave hours carried over from a previous calendar
86	86	year must be immediately available to the employee in the following
87	87	calendar year.
88	88	Sec. 83.005. ENTITLEMENT TO USE PAID SICK LEAVE;
89	89	LIMITATIONS. (a) An employee is entitled to use accrued paid sick
90	90	leave under this chapter 60 calendar days after the date of hire,
91	91	unless the employer agrees to an earlier date.
92	92	(b) An employer may make immediately available to an
93	93	employee at the beginning of a year, quarter, or other period the
94	94	entire amount of paid sick leave that the employee is expected to
95	95	accrue during the year, quarter, or other period.
96	96	(c) At the employer's discretion, an employer may loan paid
97	97	sick leave time to an employee in advance of accrual by the
98	98	employee.
99	99	(d) Unless an employee policy or collective bargaining
100	100	agreement provides for the payment of accrued fringe benefits on
101	101	termination, an employee is not entitled to payment of unused
102	102	accrued paid sick leave under this chapter on termination of
103	103	employment.
104	104	Sec. 83.006. EMPLOYER COMPLIANCE. An employer is
105	105	considered to be in compliance with this chapter if the employer
106	106	offers one or more other types of paid leave that:
107	107	(1) may be used for the purposes described by this
108	108	chapter; and
109	109	(2) accrues at a rate equal to or greater than the rate
110	110	described by Section 83.004.
111	111	Sec. 83.007. PAY RATE FOR SICK LEAVE. (a) Each employer
112	112	shall pay each employee for paid sick leave time taken at a pay rate
113	113	equal to the normal hourly wage for that employee.
114	114	(b) For purposes of Subsection (a) and Section 83.004, an
115	115	employee who is exempt from the overtime requirements under Section
116	116	13(a)(1), Fair Labor Standards Act of 1938 (29 U.S.C. Section
117	117	213(a)(1)), is presumed to work 40 hours each week unless the
118	118	employee's regular workweek is less than 40 hours.
119	119	Sec. 83.008. USE OF PAID SICK LEAVE. (a) An employee may
120	120	use paid sick leave accrued under this chapter for:
121	121	(1) the employee's mental or physical illness, injury,
122	122	or health condition;
123	123	(2) the medical diagnosis, care, or treatment of the
124	124	employee's mental or physical illness, injury, or health condition;
125	125	(3) preventive medical care for the employee;
126	126	(4) the employee's family member's mental or physical
127	127	illness, injury, or health condition;
128	128	(5) the medical diagnosis, care, or treatment of the
129	129	employee's family member's mental or physical illness, injury, or
130	130	health condition; or
131	131	(6) preventive medical care for the employee's family
132	132	member.
133	133	(b) An employee who is or whose family member is a victim of
134	134	family violence, sexual assault, sexual abuse, stalking, or
135	135	harassment may use paid sick leave accrued under this chapter:
136	136	(1) for medical care or psychological or other
137	137	counseling for physical or psychological injury or disability;
138	138	(2) to obtain services from a victim services
139	139	organization;
140	140	(3) to relocate due to the family violence, sexual
141	141	assault, sexual abuse, stalking, or harassment; or
142	142	(4) to participate in a legal proceeding or
143	143	court-ordered requirement relating to the family violence, sexual
144	144	assault, sexual abuse, stalking, or harassment.
145	145	(c) An employee may use paid sick leave to attend a meeting
146	146	at a child family member's school.
147	147	(d) An employee may use paid sick leave while the employee's
148	148	place of business or the school or child care facility of the
149	149	employee's child family member is closed due to a public health
150	150	emergency.
151	151	(e) An employee may not use paid sick leave in increments of
152	152	less than one hour.
153	153	(f) An employer may not require an employee to find another
154	154	employee to work during the time the employee intends to use paid
155	155	sick leave as a condition of using paid sick leave.
156	156	Sec. 83.009. NOTICE TO EMPLOYER. (a) If an employee's need
157	157	to use paid sick leave under this chapter is foreseeable, an
158	158	employer may require advance notice of the intention to use paid
159	159	sick leave.
160	160	(b) If an employee's need for paid sick leave is not
161	161	foreseeable, an employer may require the employee to give notice of
162	162	the employee's intention to use paid sick leave under this chapter
163	163	as soon as practicable.
164	164	Sec. 83.010. EMPLOYER RECORDS. An employer shall retain
165	165	records that document the amount of paid sick leave accrued and
166	166	taken by each employee. The records must be maintained for at least
167	167	three years.
168	168	Sec. 83.011. DOCUMENTATION. (a) For paid sick leave of
169	169	three or more consecutive days, an employer may require reasonable
170	170	documentation that the leave is being taken for a purpose permitted
171	171	under this chapter.
172	172	(b) If paid sick leave is taken for a reason described by
173	173	Section 83.008(a), documentation signed by a health care provider
174	174	who is treating the employee or the employee's family member
175	175	indicating the need for the number of days of the leave is
176	176	considered to be reasonable documentation. An employer may not
177	177	require that the documentation explain the nature of the illness,
178	178	injury, or health condition.
179	179	(c) If paid sick leave is taken for a reason described by
180	180	Section 83.008(b), reasonable documentation includes:
181	181	(1) a copy of a court document;
182	182	(2) an incident report or other record maintained by a
183	183	law enforcement agency or official; or
184	184	(3) documentation from a victim's assistance counselor
185	185	from a state or local agency or other entity.
186	186	(d) An employer may not require the documentation under
187	187	Subsection (c) to include details of the family violence, sexual
188	188	assault, sexual abuse, stalking, or harassment, including any
189	189	references to specific acts.
190	190	(e) Documentation and information provided to an employer
191	191	are confidential.
192	192	(f) If an employer requires documentation under this
193	193	section, the employer is responsible for the cost of obtaining
194	194	copies of that documentation.
195	195	Sec. 83.012. NOTICE TO EMPLOYEES. (a) Each employer
196	196	subject to this chapter shall, at the time of hiring, provide notice
197	197	in both English and Spanish to each employee:
198	198	(1) of the employee's entitlement to paid sick leave,
199	199	the amount of paid sick leave provided to employees, and the terms
200	200	under which leave may be used under this chapter;
201	201	(2) that retaliation by the employer against the
202	202	employee for requesting or using paid sick leave to which the
203	203	employee is entitled is prohibited; and
204	204	(3) that the employee has a right to file a complaint
205	205	with the commission or bring a civil action for damages for any
206	206	violation of this chapter.
207	207	(b) An employer may comply with this section by displaying a
208	208	poster in a conspicuous place, accessible to employees, at the
209	209	employer's place of business that contains in both English and
210	210	Spanish the information required by this section.
211	211	(c) The notice under this section must also be provided in a
212	212	language other than English or Spanish if that language is the first
213	213	language spoken by at least 30 percent of the employer's workforce.
214	214	(d) The commission by rule shall prescribe the form and
215	215	content of the notice required under this section.
216	216	(e) The commission may adopt rules to establish additional
217	217	requirements concerning the means by which employers provide notice
218	218	required under this section.
219	219	Sec. 83.013. BREAK IN SERVICE. (a) Termination of an
220	220	employee's employment by an employer, regardless of whether
221	221	voluntary or involuntary, is considered a break in service for
222	222	purposes of this chapter.
223	223	(b) An employee who is subsequently rehired by the employer
224	224	following a break in service:
225	225	(1) begins to accrue paid sick leave under this
226	226	chapter; and
227	227	(2) is not entitled to any unused hours of paid sick
228	228	leave that had accrued before the employee's break in service,
229	229	unless the employee is rehired within 30 days of separation or the
230	230	employer agrees to reinstate some or all of the employee's
231	231	previously accrued paid sick leave.
232	232	Sec. 83.014. TRANSFER OF EMPLOYEE. (a) The transfer of an
233	233	employee to a separate division, entity, or location of the same
234	234	employer is not considered to be a break in service for purposes of
235	235	this chapter.
236	236	(b) Following a transfer described by Subsection (a), the
237	237	transferred employee is entitled to:
238	238	(1) retain all accrued paid sick leave under this
239	239	chapter; and
240	240	(2) immediately access the retained paid sick leave
241	241	time without any waiting period, except that the employee remains
242	242	subject to any remaining period of the initial waiting period
243	243	described by Section 83.005(a), if applicable.
244	244	Sec. 83.015. SUCCESSOR EMPLOYER. If an employer succeeds
245	245	or takes the place of an existing employer, employees of the former
246	246	employer who are employed by the successor are entitled to:
247	247	(1) retain all accrued paid sick leave under this
248	248	chapter; and
249	249	(2) immediately access the retained paid sick leave
250	250	time without any waiting period.
251	251	Sec. 83.016. LIMITATIONS OF CHAPTER. This chapter does
252	252	not:
253	253	(1) prevent an employer from providing more paid sick
254	254	leave than is required under this chapter;
255	255	(2) prohibit an employer that provides paid leave in
256	256	addition to the paid sick leave required under this chapter from
257	257	restricting the purposes for which an employee may take that
258	258	additional leave; or
259	259	(3) diminish any rights provided to any employee under
260	260	a collective bargaining agreement.
261	261	Sec. 83.017. COLLECTIVE BARGAINING AGREEMENT. A collective
262	262	bargaining agreement may waive the requirements of this chapter by
263	263	clear and unambiguous language within the agreement.
264	264	Sec. 83.018. RETALIATION PROHIBITED. An employer may not
265	265	take retaliatory personnel action or otherwise discriminate
266	266	against an employee because the employee:
267	267	(1) requests or uses paid sick leave in accordance
268	268	with this chapter; or
269	269	(2) files a complaint with the commission alleging the
270	270	employer's violation of this chapter.
271	271	Sec. 83.019. COMPLAINT; HEARING; PENALTY. (a) Any
272	272	employee aggrieved by a violation of this chapter may file a claim
273	273	with the commission in the manner prescribed by Subchapter D,
274	274	Chapter 61.
275	275	(b) On receipt of a complaint, the commission shall
276	276	investigate and dispose of the complaint in the same manner as a
277	277	wage claim under Subchapter D, Chapter 61.
278	278	(c) An employer who is found by the commission, by a
279	279	preponderance of the evidence, to have violated a provision under
280	280	this chapter is liable to the commission for an administrative
281	281	penalty.
282	282	(d) The commission may award the employee all appropriate
283	283	relief, including payment for used paid sick leave, rehiring or
284	284	reinstatement to the employee's previous job, payment of back
285	285	wages, and reestablishment of employee benefits for which the
286	286	employee otherwise would have been eligible if the employee had not
287	287	been subject to retaliatory personnel action or other
288	288	discrimination.
289	289	(e) A party may appeal a final decision of the commission by
290	290	filing suit in district court.
291	291	Sec. 83.020. CIVIL PENALTY. An employer who wilfully
292	292	violates this chapter is liable for a civil penalty not to exceed
293	293	$100 for each violation. The attorney general may bring an action
294	294	to collect a civil penalty under this chapter. Civil penalties
295	295	assessed under this section shall be deposited in the general
296	296	revenue fund.
297	297	Sec. 83.021. CIVIL ACTION BY EMPLOYEE. (a) An employee
298	298	aggrieved by a violation of this chapter may bring a civil action to
299	299	enforce rights protected by this chapter, including an action for
300	300	appropriate injunctive relief, in the district court in the county
301	301	in which the alleged violation occurred or in which the alleged
302	302	violator's residence or principal place of business is located.
303	303	(b) An action under this section must be brought not later
304	304	than the second anniversary of the date of the violation.
305	305	(c) The employer of an employee who prevails in a civil
306	306	action under this section is liable to the affected employee for
307	307	damages equal to the amount of any wages, salary, employment
308	308	benefits, or other compensation denied or lost to the employee by
309	309	reason of the violation or, if wages, salary, employment benefits,
310	310	or other compensation has not been denied or lost, any actual
311	311	monetary losses sustained by the employee as a direct result of the
312	312	violation.
313	313	(d) An employer described by Subsection (c) is also liable
314	314	for equitable relief as appropriate, including reinstatement and
315	315	promotion.
316	316	(e) In addition to any judgment awarded to an employee, the
317	317	court may require the employer to pay reasonable attorney's fees,
318	318	reasonable expert witness fees, and other costs.
319	319	Sec. 83.022. INFORMATION FROM AND OUTREACH BY COMMISSION.
320	320	(a) The commission shall make available to the public on the
321	321	commission's Internet website information regarding:
322	322	(1) the requirements of and the rights and remedies
323	323	under this chapter; and
324	324	(2) best practices for employers with respect to paid
325	325	sick leave.
326	326	(b) The commission shall develop a pamphlet containing the
327	327	information provided under Subsection (a) and make the pamphlet
328	328	available at no cost for distribution at child care facilities,
329	329	health care facilities, family violence shelters, and other
330	330	community centers.
331	331	(c) The commission shall make the information under
332	332	Subsections (a) and (b) available in both English and Spanish.
333	333	(d) The commission shall conduct additional public outreach
334	334	efforts to inform employees and the public about this chapter.
335	335	SECTION 2. (a) The change in law made by this Act applies to
336	336	an employee hired on or after March 1, 2022. For an employee hired
337	337	before March 1, 2022, paid sick leave under Chapter 83, Labor Code,
338	338	as added by this Act, begins to accrue on that date, and the
339	339	employee may begin to use the paid sick leave 90 calendar days after
340	340	that date, unless the employer agrees to an earlier date.
341	341	(b) Chapter 83, Labor Code, as added by this Act, does not
342	342	preempt or override the terms of any collective bargaining
343	343	agreement effective before March 1, 2022.
344	344	SECTION 3. Not later than February 1, 2022, the Texas
345	345	Workforce Commission shall:
346	346	(1) prescribe the form and content of the notice
347	347	required by Section 83.012(a), Labor Code, as added by this Act;
348	348	(2) post on the commission's Internet website the
349	349	information required by Section 83.022(a), Labor Code, as added by
350	350	this Act; and
351	351	(3) adopt rules necessary to implement Chapter 83,
352	352	Labor Code, as added by this Act.
353	353	SECTION 4. This Act takes effect on the 91st day after the
354	354	last day of the legislative session.