88R2578 RDS-D
By: Meza H.B. No. 494
A BILL TO BE ENTITLED
AN ACT
relating to employment leave for certain family or medical
obligations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
adding Chapter 84 to read as follows:
CHAPTER 84. EMPLOYEE LEAVE FOR FAMILY OR MEDICAL OBLIGATIONS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 84.001. DEFINITIONS. In this chapter:
(1) "Child" means a biological child, adopted or
foster child, stepchild, legal ward, or child of a person standing
in loco parentis who is:
(A) under 18 years of age; or
(B) 18 years of age or older and incapable of
self-care because of a physical or mental disability or serious
health condition.
(2) "Commission" means the Texas Workforce
Commission.
(3) "Employee" means an individual who performs
services for an employer for compensation under an oral or written
contract of hire, whether express or implied. The term does not
include an independent contractor.
(4) "Employer" means a person who employs employees.
The term includes a public employer.
(5) "Employment benefits" means all benefits provided
by or made available to an employee by an employer. The term
includes group life insurance, health insurance, disability
insurance, sick leave, annual leave, educational benefits, and
pensions whether the benefits are provided by a practice or written
policy of an employer or through an employee benefit plan.
(6) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(7) "Grandchild" means the child of a child of an
employee.
(8) "Grandparent" means the parent of a parent of an
employee.
(9) "Grandparent-in-law" means the parent of a parent
of an employee's spouse.
(10) "Health care provider" means:
(A) a licensed individual who provides or renders
health care; or
(B) an unlicensed individual who provides or
renders health care under the direction or supervision of a
physician.
(11) "Parent" means:
(A) the biological parent of an employee; or
(B) an individual who stood in loco parentis to
an employee when the employee was a child.
(12) "Parent-in-law" means the parent of an employee's
spouse.
(13) "Serious health condition" means an illness,
injury, impairment, or physical or mental condition that requires
inpatient care in a hospital, hospice, or residential medical care
facility or continuing treatment by a health care provider. The
term includes a serious disease such as cancer or acquired immune
deficiency syndrome.
(14) "Sexual abuse" means any conduct that constitutes
an offense under Section 21.02 or 21.11, Penal Code.
(15) "Sexual assault" means any conduct that
constitutes an offense under Section 22.011 or 22.021, Penal Code.
(16) "Sibling" means the brother or sister of an
employee or an employee's spouse.
(17) "Stalking" means any conduct that constitutes an
offense under Section 42.072, Penal Code.
(18) "Trafficking" means any conduct that constitutes
an offense under Section 20A.02, Penal Code.
Sec. 84.002. RULES. The commission shall adopt rules as
necessary to administer this chapter.
SUBCHAPTER B. FAMILY AND MEDICAL LEAVE
Sec. 84.051. FAMILY AND MEDICAL LEAVE. (a) An employee who
has been employed by an employer for at least one year is entitled
to not less than 30 days of leave:
(1) to attend to the employee's own serious health
condition;
(2) to care for the following individuals with a
serious health condition:
(A) the employee's child;
(B) the employee's grandchild;
(C) the employee's spouse;
(D) the employee's sibling;
(E) the employee's parent or parent-in-law; or
(F) the employee's grandparent or
grandparent-in-law;
(3) to spend time with a child due to:
(A) the birth of the employee's child; or
(B) the placement of a child with the employee in
connection with the adoption or foster care of the child by the
employee; or
(4) to attend to the following, if the employee or
employee's family member described by Subdivision (2) is a victim
of family violence, sexual assault, sexual abuse, stalking, or
trafficking:
(A) the receipt of medical care or psychological
or other counseling for physical or psychological injury or
disability;
(B) the receipt of services from a victim
services organization;
(C) relocation due to the family violence, sexual
assault, sexual abuse, stalking, or trafficking; or
(D) participation in any civil or criminal
proceeding related to or resulting from the family violence, sexual
assault, sexual abuse, stalking, or trafficking.
(b) For purposes of Subsection (a)(2), care provided by an
employee includes physical care, emotional support, visitation,
assistance in treatment, transportation, arranging for a change in
care, assistance with essential daily living matters, and personal
attendant services.
(c) Eligibility for leave under Subsection (a)(3) expires
on the first anniversary of the date of the child's birth or
placement with the employee, as applicable.
(d) If the employer provides paid sick leave, or other
accrued paid leave, the employee described by Subsection (a) is
entitled to use paid leave for a purpose authorized under this
chapter in an amount not to exceed the lesser of:
(1) the amount of paid leave the employee has accrued;
or
(2) 30 days.
(e) If the employer does not provide paid leave for the
employee, or provides paid leave that may not be used for the
purposes described by this section, the employee is entitled to
wage replacement benefits under Subchapter C for leave taken for a
purpose authorized under this chapter.
Sec. 84.052. INSTITUTION OF PAID LEAVE PROGRAM NOT
REQUIRED. This subchapter does not require an employer who does not
provide paid sick leave or other paid medical leave to institute a
program of paid leave.
Sec. 84.053. FORESEEABILITY OF LEAVE; NOTICE TO EMPLOYER.
(a) If the necessity for leave under Section 84.051(a) is
reasonably foreseeable, the affected employee shall provide notice
to the employer.
(b) If the necessity for leave under Section 84.051(a)(1) or
(2) is foreseeable because of planned medical treatment, the
employee shall make a reasonable effort to schedule the treatment
to avoid disrupting the operations of the employer, subject to the
approval of the applicable health care provider.
Sec. 84.054. DOCUMENTATION. (a) An employer may require
that an employee requesting leave under this chapter provide
documentation for the reason the leave was taken and the amount of
leave taken.
(b) The commission shall adopt rules regarding the forms of
documentation an employer may require under this section.
Sec. 84.055. AMOUNT OF PAID LEAVE. (a) An employee who is
eligible for leave under this chapter and whose employer provides
paid leave is entitled to an amount paid by the employer equal to
the average amount the employee would have been paid if the employee
had worked during that pay period.
(b) If the employee takes less than a full pay period of
leave under this chapter, the employer shall prorate the amount of
pay for each day of leave the employee takes.
Sec. 84.056. EMPLOYMENT AND BENEFITS PROTECTION;
EXCEPTION. (a) An employee who takes leave under this chapter is
entitled, on return from the leave, to reinstatement in the former
position of employment or an equivalent position of employment with
equivalent employment benefits, pay, and other terms of employment.
(b) Leave taken under Section 84.051 may not result in the
loss of any employment benefit accrued before the date on which the
leave began.
(c) This section does not entitle an employee who is
reinstated in employment to:
(1) the accrual of seniority or other employment
benefits during any period of leave; or
(2) any right, benefit, or position of employment
other than any right, benefit, or position to which the employee
would have been entitled had the employee not taken the leave.
(d) This section does not prohibit an employer from
requiring an employee on leave under this chapter to report
periodically to the employer on the status and intention of the
employee to return to work.
Sec. 84.057. LEAVE CONCURRENT WITH FEDERAL FAMILY LEAVE
ACT. An employee who is entitled to leave under the federal Family
and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) must
take leave under that law concurrent with any leave taken under this
chapter.
SUBCHAPTER C. WAGE REPLACEMENT BENEFITS
Sec. 84.101. ELIGIBILITY FOR FAMILY CARE LEAVE WAGE
REPLACEMENT BENEFITS. If an employer does not provide paid leave,
an employee who has been employed by the employer for at least one
year is eligible for family care leave wage replacement benefits
under this chapter for not more than 30 days.
Sec. 84.102. AMOUNT OF WAGE REPLACEMENT BENEFITS. (a) An
employee who is eligible for wage replacement benefits under
Section 84.101 shall be paid an amount equal to the average amount
the employee would have been paid if the employee had worked during
that pay period.
(b) An employee who takes less than a full pay period of
leave under this chapter is entitled to a prorated amount of the
benefit under Subsection (a).
(c) An employee may not receive more than 30 days of wage
replacement benefits under this subchapter in any 12-month period.
Sec. 84.103. INELIGIBILITY OF CERTAIN EMPLOYEES FOR
BENEFITS. An employee is not eligible for benefits under this
subchapter with respect to any day for which the employee receives:
(1) benefits under any other law providing
unemployment compensation; or
(2) disability insurance benefits or workers'
compensation benefits under any state or federal law.
Sec. 84.104. WAGE REPLACEMENT BENEFIT FUND. The wage
replacement benefit fund is an account in the general revenue fund
to be administered by the commission. Money in the fund may be
appropriated only to pay benefits required under this subchapter.
Sec. 84.105. EMPLOYEE CONTRIBUTION. Each employee shall
contribute monthly to the wage replacement benefit fund by paying
an assessment in an amount equal to one quarter of one percent of
the employee's average monthly pay.
Sec. 84.106. RULES. The commission shall adopt rules
regarding:
(1) the application by an employee for benefits under
this subchapter, including any necessary supporting documentation
an employee must submit;
(2) the manner of collecting employee contributions
required under Section 84.105; and
(3) the manner of payment of benefits under this
subchapter.
Sec. 84.107. APPEAL. A person whose application for wage
replacement benefits under this subchapter is denied may appeal the
denial in the manner provided for appeal of a contested case under
Chapter 2001, Government Code.
Sec. 84.108. REPORT. (a) Not later than December 1, 2024,
the commission shall submit to the legislature a report on the wage
replacement benefits paid under this chapter that includes:
(1) the total number of applications filed;
(2) the average number of days between the filing of an
application for benefits and a determination by the commission; and
(3) any contested cases between an employee and the
commission regarding wage replacement filed under this subchapter
and the outcome of those cases.
(b) This section expires August 31, 2025.
SUBCHAPTER D. ENFORCEMENT
Sec. 84.151. PROHIBITED ACTS. (a) An employer may not
interfere with, restrain, or deny the exercise of or an attempt to
exercise any right provided under this chapter.
(b) An employer may not discharge or otherwise discriminate
against an individual for opposing a practice made unlawful by this
chapter.
(c) A person may not discharge or otherwise discriminate
against an individual because the individual has:
(1) filed a charge, or instituted or caused to be
instituted a proceeding, under or related to this chapter;
(2) given, or is about to give, any information in
connection with an inquiry or proceeding relating to a right
provided under this chapter; or
(3) testified, or is about to testify, in an inquiry or
proceeding relating to a right provided under this chapter.
Sec. 84.152. UNLAWFUL EMPLOYMENT PRACTICE. An employer who
violates this chapter commits an unlawful employment practice under
Chapter 21.
SUBCHAPTER E. COMMUNITY OUTREACH
Sec. 84.201. OUTREACH PROGRAM. (a) The commission shall
develop and implement an outreach program to inform employees about
the availability of paid leave under this chapter.
(b) The program must include distribution of notices and
other written materials in both English and Spanish.
(c) The commission shall make the written materials under
Subsection (b) available on the commission's Internet website.
SECTION 2. (a) An employee is not entitled to take leave as
provided by Chapter 84, Labor Code, as added by this Act, before
January 1, 2024.
(b) The Texas Workforce Commission shall adopt rules as
required by Chapter 84, Labor Code, as added by this Act, not later
than November 1, 2023. In adopting rules under this Act, the
commission shall develop procedures for the payment of wage
replacement benefits under Subchapter C, Chapter 84, Labor Code, as
added by this Act, to employees who become eligible for family care
leave wage replacement benefits under that subchapter on and after
January 1, 2024.
SECTION 3. This Act takes effect September 1, 2023.