| 1 | 1 | | 88R10808 RDS-D |
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| 2 | 2 | | By: Metcalf H.B. No. 1580 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to paid leave by certain state employees for the birth or |
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| 8 | 8 | | adoption of a child. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 661.912, Government Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 661.912. FAMILY AND MEDICAL LEAVE ACT. (a) Except as |
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| 13 | 13 | | provided by Section 661.9125, to [To] the extent required by |
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| 14 | 14 | | federal law, a state employee who has a total of at least 12 months |
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| 15 | 15 | | of state service and who has worked at least 1,250 hours during the |
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| 16 | 16 | | 12-month period preceding the beginning of leave under this section |
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| 17 | 17 | | is entitled to leave under the federal Family and Medical Leave Act |
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| 18 | 18 | | of 1993 (29 U.S.C. Section 2601 et seq.). |
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| 19 | 19 | | (b) The employee must first use all available and applicable |
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| 20 | 20 | | paid vacation and sick leave while taking leave under this section, |
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| 21 | 21 | | except that an employee who is receiving temporary disability |
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| 22 | 22 | | benefits or workers' compensation benefits or is taking paid leave |
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| 23 | 23 | | under Section 661.9125 is not required to first use applicable paid |
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| 24 | 24 | | vacation or sick leave while receiving those benefits or taking |
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| 25 | 25 | | paid leave under Section 661.9125. |
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| 26 | 26 | | SECTION 2. Subchapter Z, Chapter 661, Government Code, is |
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| 27 | 27 | | amended by adding Section 661.9125 to read as follows: |
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| 28 | 28 | | Sec. 661.9125. PAID PARENTAL LEAVE FOR CERTAIN EMPLOYEES. |
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| 29 | 29 | | (a) This section applies only to a state employee who: |
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| 30 | 30 | | (1) is a member of the Employees Retirement System of |
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| 31 | 31 | | Texas; and |
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| 32 | 32 | | (2) takes leave under Section 661.912 for the: |
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| 33 | 33 | | (A) birth of a child; |
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| 34 | 34 | | (B) birth of a child by the employee's spouse; |
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| 35 | 35 | | (C) birth of a child by a gestational surrogate; |
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| 36 | 36 | | or |
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| 37 | 37 | | (D) adoption of a child. |
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| 38 | 38 | | (b) A state employee who takes leave under Section 661.912 |
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| 39 | 39 | | for the purpose of Subsection (a)(2) is entitled to 60 days of paid |
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| 40 | 40 | | leave during leave taken under that section. |
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| 41 | 41 | | (c) This section does not entitle an employee to any leave |
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| 42 | 42 | | in addition to leave taken under Section 661.912. |
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| 43 | 43 | | (d) A state employee is not required to use all available |
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| 44 | 44 | | paid vacation and sick leave before the employee is entitled to take |
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| 45 | 45 | | paid leave under this section. |
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| 46 | 46 | | SECTION 3. This Act takes effect September 1, 2023. |
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