Texas 2023 - 88th Regular

Texas House Bill HB2298 Compare Versions

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1	1	88R4290 RDS-D
2	2	By: Talarico H.B. No. 2298
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to family and medical leave.
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 85 to read as follows:
11	11	CHAPTER 85. TEXAS FAMILY AND MEDICAL LEAVE
12	12	SUBCHAPTER A. GENERAL PROVISIONS
13	13	Sec. 85.001. DEFINITIONS. In this chapter:
14	14	(1) "Benefit" means the money paid under this chapter
15	15	to an individual for family or medical leave.
16	16	(2) "Commission" means the Texas Workforce
17	17	Commission.
18	18	(3) "Contribution" means a payment by an employer
19	19	under this chapter to the fund.
20	20	(4) "Employer" means a person who employs one or more
21	21	employees.
22	22	(5) "Fund" means the family and medical leave fund
23	23	created under this chapter.
24	24	SUBCHAPTER B. FINANCING AND FUNDS
25	25	Sec. 85.051. DUTIES OF COMPTROLLER. The comptroller is
26	26	treasurer and custodian of the fund and shall administer the fund in
27	27	accordance with the directions of the commission.
28	28	Sec. 85.052. DEPOSIT AND USE OF MONEY. All money paid to
29	29	the commission under this chapter:
30	30	(1) shall be deposited in the fund; and
31	31	(2) may be used only for the administration of this
32	32	chapter.
33	33	Sec. 85.053. FAMILY AND MEDICAL LEAVE FUND. (a) The family
34	34	and medical leave fund is a special fund.
35	35	(b) The fund consists of:
36	36	(1) contributions collected under this chapter;
37	37	(2) interest earned on money in the fund;
38	38	(3) property or securities acquired through the use of
39	39	money in the fund;
40	40	(4) earnings of property or securities described by
41	41	Subdivision (3);
42	42	(5) amounts recovered for losses sustained by the
43	43	fund; and
44	44	(6) other money received for the fund from any other
45	45	source.
46	46	Sec. 85.054. USE OF FUND. The commission shall direct the
47	47	administration of the fund exclusively for the purposes of this
48	48	chapter.
49	49	SUBCHAPTER C. EMPLOYER CONTRIBUTIONS
50	50	Sec. 85.101. CONTRIBUTION REQUIRED. (a) An employer shall
51	51	pay a contribution on wages paid by that employer.
52	52	(b) The contribution shall be paid to the commission in
53	53	accordance with rules adopted by the commission.
54	54	Sec. 85.102. CONTRIBUTION DEDUCTED FROM WAGES. An employer
55	55	may deduct all or a portion of the cost of contributions from
56	56	employee wages.
57	57	Sec. 85.103. ESTABLISHMENT OF CONTRIBUTION RATE. For each
58	58	calendar year, the commission shall establish a contribution rate
59	59	for all employers in this state.
60	60	SUBCHAPTER D. BENEFITS; CLAIMS
61	61	Sec. 85.151. FAMILY AND MEDICAL LEAVE. (a) An employee is
62	62	entitled to not less than 12 weeks of leave:
63	63	(1) to attend to the employee's own serious health
64	64	condition;
65	65	(2) to care for a family member with a serious health
66	66	condition; or
67	67	(3) to spend time with a child due to:
68	68	(A) the birth of the employee's child; or
69	69	(B) the placement of a child with the employee in
70	70	connection with the adoption or foster care of the child by the
71	71	employee.
72	72	(b) Eligibility for leave under Subsection (a)(3) expires
73	73	on the first anniversary of the date of the child's birth or
74	74	placement with the employee, as applicable.
75	75	(c) Leave may be taken intermittently. The minimum claim
76	76	duration payment is for eight consecutive hours of leave.
77	77	Sec. 85.152. FORESEEABILITY OF LEAVE; NOTICE TO EMPLOYER.
78	78	If the necessity for leave under Section 85.151(a) is reasonably
79	79	foreseeable, the affected employee shall provide notice to the
80	80	employer.
81	81	Sec. 85.153. AMOUNT OF BENEFITS. (a) Except as otherwise
82	82	provided by this section, an employee who is eligible for benefits
83	83	under this subchapter shall be paid from the fund an amount equal to
84	84	67 percent of the average amount the employee would have been paid
85	85	if the employee had worked during that pay period.
86	86	(b) The minimum weekly benefit may not be less than $100 a
87	87	week, except that if the employee's average weekly wage is less than
88	88	$100 a week, the weekly benefit for that employee is the employee's
89	89	full wage.
90	90	(c) The maximum weekly benefit may not exceed 90 percent of
91	91	the average weekly benefit for the state, as annually calculated by
92	92	the commission.
93	93	(d) An employee who takes less than a full pay period of
94	94	leave under this chapter is entitled to a prorated amount of the
95	95	benefit under Subsection (a).
96	96	Sec. 85.154. LEAVE CONCURRENT WITH FEDERAL FAMILY LEAVE
97	97	ACT. An employee who is entitled to leave under the federal Family
98	98	and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) must
99	99	take leave under that law concurrent with any leave taken under this
100	100	chapter.
101	101	SUBCHAPTER E. EMPLOYER VIOLATIONS
102	102	Sec. 85.201. RETALIATION PROHIBITED. An employer commits
103	103	an unlawful employment practice if the employer makes an adverse
104	104	employment decision as a result of the employee requesting or using
105	105	leave under this chapter.
106	106	SUBCHAPTER F. COMMISSION DUTIES
107	107	Sec. 85.251. RULES. The commission shall adopt rules to
108	108	implement this chapter.
109	109	Sec. 85.252. REPORT BY COMMISSION. Not later than
110	110	September 1 of each even-numbered year, the commission shall submit
111	111	a report to the legislature on:
112	112	(1) the effectiveness of the program under this
113	113	chapter;
114	114	(2) any recommended changes to the program;
115	115	(3) projected and actual program participation by
116	116	purpose, gender of person receiving benefits, rates of
117	117	contributions, and other information useful for research purposes;
118	118	(4) fund balances and projections; and
119	119	(5) outreach efforts undertaken.
120	120	SECTION 2. This Act takes effect January 1, 2024.