| 1 | 1 | | 88R14040 RDS-D |
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| 2 | 2 | | By: Morales Shaw H.B. No. 3799 |
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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 unpaid leave for certain employees who experience a |
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| 8 | 8 | | miscarriage. |
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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. Subtitle D, Title 2, Labor Code, is amended by |
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| 11 | 11 | | adding Chapter 83 to read as follows: |
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| 12 | 12 | | CHAPTER 83. UNPAID LEAVE FOR MISCARRIAGE |
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| 13 | 13 | | Sec. 83.001. DEFINITIONS. In this chapter, "employee" and |
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| 14 | 14 | | "employer" have the meanings assigned by Section 61.001. |
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| 15 | 15 | | Sec. 83.002. LEAVE FOR CERTAIN EMPLOYEES WHO EXPERIENCE A |
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| 16 | 16 | | MISCARRIAGE. (a) An employee who is not entitled to any leave |
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| 17 | 17 | | under the federal Family and Medical Leave Act of 1993 (29 U.S.C. |
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| 18 | 18 | | Section 2601 et seq.) and who experiences a miscarriage is entitled |
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| 19 | 19 | | to 10 consecutive days of unpaid leave immediately following the |
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| 20 | 20 | | miscarriage. |
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| 21 | 21 | | (b) An employee shall provide notice to the employer of the |
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| 22 | 22 | | employee's intent to take unpaid leave under this section as soon as |
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| 23 | 23 | | is reasonably practicable. |
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| 24 | 24 | | (c) An employer may not require an employee to use any |
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| 25 | 25 | | applicable sick or vacation leave before the employee may take |
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| 26 | 26 | | leave under this section. |
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| 27 | 27 | | (d) An employer may require an employee who takes unpaid |
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| 28 | 28 | | leave under this section to provide a physician's statement or |
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| 29 | 29 | | other medical documentation upon the employee's return to work. |
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| 30 | 30 | | (e) An employer who violates this section commits an |
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| 31 | 31 | | unlawful employment practice under Subchapter B, Chapter 21. |
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| 32 | 32 | | SECTION 2. Chapter 83, Labor Code, as added by this Act, |
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| 33 | 33 | | applies only to an unlawful employment practice that occurs on or |
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| 34 | 34 | | after the effective date of this Act. |
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| 35 | 35 | | SECTION 3. This Act takes effect September 1, 2023. |
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