Texas 2023 - 88th Regular

Texas House Bill HB494 Compare Versions

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1	1	88R2578 RDS-D
2	2	By: Meza H.B. No. 494
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to employment leave for certain family or medical
8	8	obligations.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
11	11	adding Chapter 84 to read as follows:
12	12	CHAPTER 84. EMPLOYEE LEAVE FOR FAMILY OR MEDICAL OBLIGATIONS
13	13	SUBCHAPTER A. GENERAL PROVISIONS
14	14	Sec. 84.001. DEFINITIONS. In this chapter:
15	15	(1) "Child" means a biological child, adopted or
16	16	foster child, stepchild, legal ward, or child of a person standing
17	17	in loco parentis who is:
18	18	(A) under 18 years of age; or
19	19	(B) 18 years of age or older and incapable of
20	20	self-care because of a physical or mental disability or serious
21	21	health condition.
22	22	(2) "Commission" means the Texas Workforce
23	23	Commission.
24	24	(3) "Employee" means an individual who performs
25	25	services for an employer for compensation under an oral or written
26	26	contract of hire, whether express or implied. The term does not
27	27	include an independent contractor.
28	28	(4) "Employer" means a person who employs employees.
29	29	The term includes a public employer.
30	30	(5) "Employment benefits" means all benefits provided
31	31	by or made available to an employee by an employer. The term
32	32	includes group life insurance, health insurance, disability
33	33	insurance, sick leave, annual leave, educational benefits, and
34	34	pensions whether the benefits are provided by a practice or written
35	35	policy of an employer or through an employee benefit plan.
36	36	(6) "Family violence" has the meaning assigned by
37	37	Section 71.004, Family Code.
38	38	(7) "Grandchild" means the child of a child of an
39	39	employee.
40	40	(8) "Grandparent" means the parent of a parent of an
41	41	employee.
42	42	(9) "Grandparent-in-law" means the parent of a parent
43	43	of an employee's spouse.
44	44	(10) "Health care provider" means:
45	45	(A) a licensed individual who provides or renders
46	46	health care; or
47	47	(B) an unlicensed individual who provides or
48	48	renders health care under the direction or supervision of a
49	49	physician.
50	50	(11) "Parent" means:
51	51	(A) the biological parent of an employee; or
52	52	(B) an individual who stood in loco parentis to
53	53	an employee when the employee was a child.
54	54	(12) "Parent-in-law" means the parent of an employee's
55	55	spouse.
56	56	(13) "Serious health condition" means an illness,
57	57	injury, impairment, or physical or mental condition that requires
58	58	inpatient care in a hospital, hospice, or residential medical care
59	59	facility or continuing treatment by a health care provider. The
60	60	term includes a serious disease such as cancer or acquired immune
61	61	deficiency syndrome.
62	62	(14) "Sexual abuse" means any conduct that constitutes
63	63	an offense under Section 21.02 or 21.11, Penal Code.
64	64	(15) "Sexual assault" means any conduct that
65	65	constitutes an offense under Section 22.011 or 22.021, Penal Code.
66	66	(16) "Sibling" means the brother or sister of an
67	67	employee or an employee's spouse.
68	68	(17) "Stalking" means any conduct that constitutes an
69	69	offense under Section 42.072, Penal Code.
70	70	(18) "Trafficking" means any conduct that constitutes
71	71	an offense under Section 20A.02, Penal Code.
72	72	Sec. 84.002. RULES. The commission shall adopt rules as
73	73	necessary to administer this chapter.
74	74	SUBCHAPTER B. FAMILY AND MEDICAL LEAVE
75	75	Sec. 84.051. FAMILY AND MEDICAL LEAVE. (a) An employee who
76	76	has been employed by an employer for at least one year is entitled
77	77	to not less than 30 days of leave:
78	78	(1) to attend to the employee's own serious health
79	79	condition;
80	80	(2) to care for the following individuals with a
81	81	serious health condition:
82	82	(A) the employee's child;
83	83	(B) the employee's grandchild;
84	84	(C) the employee's spouse;
85	85	(D) the employee's sibling;
86	86	(E) the employee's parent or parent-in-law; or
87	87	(F) the employee's grandparent or
88	88	grandparent-in-law;
89	89	(3) to spend time with a child due to:
90	90	(A) the birth of the employee's child; or
91	91	(B) the placement of a child with the employee in
92	92	connection with the adoption or foster care of the child by the
93	93	employee; or
94	94	(4) to attend to the following, if the employee or
95	95	employee's family member described by Subdivision (2) is a victim
96	96	of family violence, sexual assault, sexual abuse, stalking, or
97	97	trafficking:
98	98	(A) the receipt of medical care or psychological
99	99	or other counseling for physical or psychological injury or
100	100	disability;
101	101	(B) the receipt of services from a victim
102	102	services organization;
103	103	(C) relocation due to the family violence, sexual
104	104	assault, sexual abuse, stalking, or trafficking; or
105	105	(D) participation in any civil or criminal
106	106	proceeding related to or resulting from the family violence, sexual
107	107	assault, sexual abuse, stalking, or trafficking.
108	108	(b) For purposes of Subsection (a)(2), care provided by an
109	109	employee includes physical care, emotional support, visitation,
110	110	assistance in treatment, transportation, arranging for a change in
111	111	care, assistance with essential daily living matters, and personal
112	112	attendant services.
113	113	(c) Eligibility for leave under Subsection (a)(3) expires
114	114	on the first anniversary of the date of the child's birth or
115	115	placement with the employee, as applicable.
116	116	(d) If the employer provides paid sick leave, or other
117	117	accrued paid leave, the employee described by Subsection (a) is
118	118	entitled to use paid leave for a purpose authorized under this
119	119	chapter in an amount not to exceed the lesser of:
120	120	(1) the amount of paid leave the employee has accrued;
121	121	or
122	122	(2) 30 days.
123	123	(e) If the employer does not provide paid leave for the
124	124	employee, or provides paid leave that may not be used for the
125	125	purposes described by this section, the employee is entitled to
126	126	wage replacement benefits under Subchapter C for leave taken for a
127	127	purpose authorized under this chapter.
128	128	Sec. 84.052. INSTITUTION OF PAID LEAVE PROGRAM NOT
129	129	REQUIRED. This subchapter does not require an employer who does not
130	130	provide paid sick leave or other paid medical leave to institute a
131	131	program of paid leave.
132	132	Sec. 84.053. FORESEEABILITY OF LEAVE; NOTICE TO EMPLOYER.
133	133	(a) If the necessity for leave under Section 84.051(a) is
134	134	reasonably foreseeable, the affected employee shall provide notice
135	135	to the employer.
136	136	(b) If the necessity for leave under Section 84.051(a)(1) or
137	137	(2) is foreseeable because of planned medical treatment, the
138	138	employee shall make a reasonable effort to schedule the treatment
139	139	to avoid disrupting the operations of the employer, subject to the
140	140	approval of the applicable health care provider.
141	141	Sec. 84.054. DOCUMENTATION. (a) An employer may require
142	142	that an employee requesting leave under this chapter provide
143	143	documentation for the reason the leave was taken and the amount of
144	144	leave taken.
145	145	(b) The commission shall adopt rules regarding the forms of
146	146	documentation an employer may require under this section.
147	147	Sec. 84.055. AMOUNT OF PAID LEAVE. (a) An employee who is
148	148	eligible for leave under this chapter and whose employer provides
149	149	paid leave is entitled to an amount paid by the employer equal to
150	150	the average amount the employee would have been paid if the employee
151	151	had worked during that pay period.
152	152	(b) If the employee takes less than a full pay period of
153	153	leave under this chapter, the employer shall prorate the amount of
154	154	pay for each day of leave the employee takes.
155	155	Sec. 84.056. EMPLOYMENT AND BENEFITS PROTECTION;
156	156	EXCEPTION. (a) An employee who takes leave under this chapter is
157	157	entitled, on return from the leave, to reinstatement in the former
158	158	position of employment or an equivalent position of employment with
159	159	equivalent employment benefits, pay, and other terms of employment.
160	160	(b) Leave taken under Section 84.051 may not result in the
161	161	loss of any employment benefit accrued before the date on which the
162	162	leave began.
163	163	(c) This section does not entitle an employee who is
164	164	reinstated in employment to:
165	165	(1) the accrual of seniority or other employment
166	166	benefits during any period of leave; or
167	167	(2) any right, benefit, or position of employment
168	168	other than any right, benefit, or position to which the employee
169	169	would have been entitled had the employee not taken the leave.
170	170	(d) This section does not prohibit an employer from
171	171	requiring an employee on leave under this chapter to report
172	172	periodically to the employer on the status and intention of the
173	173	employee to return to work.
174	174	Sec. 84.057. LEAVE CONCURRENT WITH FEDERAL FAMILY LEAVE
175	175	ACT. An employee who is entitled to leave under the federal Family
176	176	and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) must
177	177	take leave under that law concurrent with any leave taken under this
178	178	chapter.
179	179	SUBCHAPTER C. WAGE REPLACEMENT BENEFITS
180	180	Sec. 84.101. ELIGIBILITY FOR FAMILY CARE LEAVE WAGE
181	181	REPLACEMENT BENEFITS. If an employer does not provide paid leave,
182	182	an employee who has been employed by the employer for at least one
183	183	year is eligible for family care leave wage replacement benefits
184	184	under this chapter for not more than 30 days.
185	185	Sec. 84.102. AMOUNT OF WAGE REPLACEMENT BENEFITS. (a) An
186	186	employee who is eligible for wage replacement benefits under
187	187	Section 84.101 shall be paid an amount equal to the average amount
188	188	the employee would have been paid if the employee had worked during
189	189	that pay period.
190	190	(b) An employee who takes less than a full pay period of
191	191	leave under this chapter is entitled to a prorated amount of the
192	192	benefit under Subsection (a).
193	193	(c) An employee may not receive more than 30 days of wage
194	194	replacement benefits under this subchapter in any 12-month period.
195	195	Sec. 84.103. INELIGIBILITY OF CERTAIN EMPLOYEES FOR
196	196	BENEFITS. An employee is not eligible for benefits under this
197	197	subchapter with respect to any day for which the employee receives:
198	198	(1) benefits under any other law providing
199	199	unemployment compensation; or
200	200	(2) disability insurance benefits or workers'
201	201	compensation benefits under any state or federal law.
202	202	Sec. 84.104. WAGE REPLACEMENT BENEFIT FUND. The wage
203	203	replacement benefit fund is an account in the general revenue fund
204	204	to be administered by the commission. Money in the fund may be
205	205	appropriated only to pay benefits required under this subchapter.
206	206	Sec. 84.105. EMPLOYEE CONTRIBUTION. Each employee shall
207	207	contribute monthly to the wage replacement benefit fund by paying
208	208	an assessment in an amount equal to one quarter of one percent of
209	209	the employee's average monthly pay.
210	210	Sec. 84.106. RULES. The commission shall adopt rules
211	211	regarding:
212	212	(1) the application by an employee for benefits under
213	213	this subchapter, including any necessary supporting documentation
214	214	an employee must submit;
215	215	(2) the manner of collecting employee contributions
216	216	required under Section 84.105; and
217	217	(3) the manner of payment of benefits under this
218	218	subchapter.
219	219	Sec. 84.107. APPEAL. A person whose application for wage
220	220	replacement benefits under this subchapter is denied may appeal the
221	221	denial in the manner provided for appeal of a contested case under
222	222	Chapter 2001, Government Code.
223	223	Sec. 84.108. REPORT. (a) Not later than December 1, 2024,
224	224	the commission shall submit to the legislature a report on the wage
225	225	replacement benefits paid under this chapter that includes:
226	226	(1) the total number of applications filed;
227	227	(2) the average number of days between the filing of an
228	228	application for benefits and a determination by the commission; and
229	229	(3) any contested cases between an employee and the
230	230	commission regarding wage replacement filed under this subchapter
231	231	and the outcome of those cases.
232	232	(b) This section expires August 31, 2025.
233	233	SUBCHAPTER D. ENFORCEMENT
234	234	Sec. 84.151. PROHIBITED ACTS. (a) An employer may not
235	235	interfere with, restrain, or deny the exercise of or an attempt to
236	236	exercise any right provided under this chapter.
237	237	(b) An employer may not discharge or otherwise discriminate
238	238	against an individual for opposing a practice made unlawful by this
239	239	chapter.
240	240	(c) A person may not discharge or otherwise discriminate
241	241	against an individual because the individual has:
242	242	(1) filed a charge, or instituted or caused to be
243	243	instituted a proceeding, under or related to this chapter;
244	244	(2) given, or is about to give, any information in
245	245	connection with an inquiry or proceeding relating to a right
246	246	provided under this chapter; or
247	247	(3) testified, or is about to testify, in an inquiry or
248	248	proceeding relating to a right provided under this chapter.
249	249	Sec. 84.152. UNLAWFUL EMPLOYMENT PRACTICE. An employer who
250	250	violates this chapter commits an unlawful employment practice under
251	251	Chapter 21.
252	252	SUBCHAPTER E. COMMUNITY OUTREACH
253	253	Sec. 84.201. OUTREACH PROGRAM. (a) The commission shall
254	254	develop and implement an outreach program to inform employees about
255	255	the availability of paid leave under this chapter.
256	256	(b) The program must include distribution of notices and
257	257	other written materials in both English and Spanish.
258	258	(c) The commission shall make the written materials under
259	259	Subsection (b) available on the commission's Internet website.
260	260	SECTION 2. (a) An employee is not entitled to take leave as
261	261	provided by Chapter 84, Labor Code, as added by this Act, before
262	262	January 1, 2024.
263	263	(b) The Texas Workforce Commission shall adopt rules as
264	264	required by Chapter 84, Labor Code, as added by this Act, not later
265	265	than November 1, 2023. In adopting rules under this Act, the
266	266	commission shall develop procedures for the payment of wage
267	267	replacement benefits under Subchapter C, Chapter 84, Labor Code, as
268	268	added by this Act, to employees who become eligible for family care
269	269	leave wage replacement benefits under that subchapter on and after
270	270	January 1, 2024.
271	271	SECTION 3. This Act takes effect September 1, 2023.