Texas 2023 - 88th Regular

Texas House Bill HB528 Compare Versions

Version 1 (Old)

Version 2 (New)

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1	1	88R3109 SCP-D
2	2	By: Wu H.B. No. 528
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the right of an employee to time off from work if the
8	8	employee or the employee's child is a victim of family violence or a
9	9	violent felony offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
12	12	adding Chapter 83 to read as follows:
13	13	CHAPTER 83. EMPLOYEE RIGHT TO TIME OFF FOLLOWING VIOLENCE AGAINST
14	14	EMPLOYEE OR EMPLOYEE'S CHILD
15	15	Sec. 83.001. DEFINITIONS. In this chapter:
16	16	(1) "Employee" and "employer" have the meanings
17	17	assigned by Section 21.002.
18	18	(2) "Family violence" has the meaning assigned by
19	19	Section 71.004, Family Code.
20	20	(3) "Violent felony offense" means an offense under:
21	21	(A) Section 20.04(a)(4), Penal Code, if the
22	22	offense is committed with the intent to violate or abuse the victim
23	23	sexually;
24	24	(B) Section 21.11, Penal Code;
25	25	(C) Section 22.011, Penal Code;
26	26	(D) Section 22.02, Penal Code;
27	27	(E) Section 22.021, Penal Code;
28	28	(F) Section 30.02, Penal Code, if the offense is
29	29	punishable under Subsection (d) of that section; or
30	30	(G) Section 43.25, Penal Code.
31	31	Sec. 83.002. APPLICATION. This chapter applies only to an
32	32	employee:
33	33	(1) who is a victim of family violence or a violent
34	34	felony offense; or
35	35	(2) whose child is a victim of family violence or a
36	36	violent felony offense.
37	37	Sec. 83.003. RIGHT TO TIME OFF; LIMITATIONS. (a) Except as
38	38	provided by Subsections (b), (c), and (d), an employee to whom this
39	39	chapter applies is entitled to time off as provided by this section
40	40	to:
41	41	(1) seek medical attention for, or recover from,
42	42	physical or psychological injuries suffered by the employee or the
43	43	employee's child as a result of family violence or a violent felony
44	44	offense;
45	45	(2) obtain services from a victim services
46	46	organization for the employee or the employee's child in relation
47	47	to the occurrence of family violence or a violent felony offense;
48	48	(3) obtain psychological or other counseling for the
49	49	employee or the employee's child in relation to the occurrence of
50	50	family violence or a violent felony offense;
51	51	(4) participate in safety planning or temporary or
52	52	permanent relocation or take any other action necessary to increase
53	53	the safety of the employee or the employee's child or to ensure the
54	54	employee or child's economic security following the occurrence of
55	55	family violence or a violent felony offense; or
56	56	(5) seek legal assistance or remedies to ensure the
57	57	health and safety of the employee or the employee's child,
58	58	including preparing for or participating in any civil or criminal
59	59	legal or investigative proceeding relating to the occurrence of
60	60	family violence or a violent felony offense.
61	61	(b) Before taking time off under this section, an employee
62	62	must provide the employer with at least 24 hours advance written
63	63	notice of the planned absence of the employee, unless providing
64	64	advance notice is not feasible.
65	65	(c) An employer may require an employee who is taking time
66	66	off under this chapter to report periodically to the employer on the
67	67	status and intention of the employee to return to work.
68	68	(d) An employee is entitled under this section to not more
69	69	than 30 work days of leave in any 12-month period.
70	70	Sec. 83.004. CERTIFICATION. (a) An employer may require an
71	71	employee to provide, within a reasonable time after the employee's
72	72	initial absence from work, certification to the employer that:
73	73	(1) the employee or the employee's child is a victim of
74	74	family violence or a violent felony offense; and
75	75	(2) the time off from work requested by the employee is
76	76	being used by the employee to engage in an activity described by
77	77	Section 83.003(a).
78	78	(b) An employee may satisfy the requirements of Subsection
79	79	(a) by providing to the employer a sworn statement by the employee
80	80	and the following documentation attesting to the circumstances:
81	81	(1) medical documentation;
82	82	(2) a police report;
83	83	(3) an active protective order; or
84	84	(4) a signed statement or other written documentation
85	85	from a family violence center, as defined by Section 51.002, Human
86	86	Resources Code.
87	87	Sec. 83.005. USE OF LEAVE TIME. An employee who has
88	88	existing vacation leave time, personal leave time, sick leave time,
89	89	or compensatory leave time must use that leave time for a planned
90	90	absence authorized by this chapter.
91	91	Sec. 83.006. EFFECT ON EMPLOYEE PAY AND BENEFITS. (a) An
92	92	employer is not required to compensate an employee during a planned
93	93	absence authorized by this chapter unless the employee is using
94	94	leave time under Section 83.005.
95	95	(b) An employer shall maintain any health coverage provided
96	96	by the employer to the employee or a member of the employee's family
97	97	or household under any group health plan for the duration of the
98	98	employee's absence under this chapter.
99	99	(c) The employer may recover the premium that the employer
100	100	paid for maintaining health coverage under Subsection (b) if the
101	101	employee fails to return to work after the period of time off to
102	102	which the employee is entitled under this chapter has expired for a
103	103	reason other than the continuation, recurrence, or onset of family
104	104	violence or a violent felony offense.
105	105	(d) An employer may require an employee who claims the
106	106	employee is unable to return to work because of the continuation,
107	107	recurrence, or onset of family violence or a violent felony offense
108	108	to provide, within a reasonable time after making the claim,
109	109	certification to the employer that the employee is unable to return
110	110	to work because of that reason. An employee may satisfy the
111	111	certification requirement by providing to the employer a sworn
112	112	statement by the employee and the documentation described by
113	113	Section 83.004(b).
114	114	Sec. 83.007. CONFIDENTIALITY. An employer shall maintain
115	115	the confidentiality of the fact that an employee has requested or
116	116	obtained time off under this chapter and any written document or
117	117	record submitted to the employer by the employee relating to a
118	118	request for time off under this chapter, except to the extent that
119	119	disclosure is:
120	120	(1) requested or consented to in writing by the
121	121	employee; or
122	122	(2) required by other state or federal law.
123	123	Sec. 83.008. ENTITLEMENT ON RETURN TO WORK. (a) On
124	124	returning from time off under this chapter, an employee is entitled
125	125	to:
126	126	(1) reinstatement to the employee's former position or
127	127	a position that is comparable in terms of compensation, benefits,
128	128	and other conditions of employment; and
129	129	(2) any benefits accrued by the employee before the
130	130	employee's time off under this chapter.
131	131	(b) This section does not entitle the employee to:
132	132	(1) any seniority or employment benefit that would
133	133	have accrued during the employee's time off under this section; or
134	134	(2) any other right, benefit, or position of
135	135	employment other than a right, benefit, or position the employee
136	136	accrued before the employee took the time off under this chapter.
137	137	Sec. 83.009. EMPLOYER RETALIATION PROHIBITED. (a) An
138	138	employer may not suspend or terminate the employment of, or
139	139	otherwise discriminate against, an employee who takes time off
140	140	authorized by this chapter if the employee has provided written
141	141	notice or certification as required by this chapter.
142	142	(b) An employee whose employment is suspended or terminated
143	143	in violation of this chapter is entitled to:
144	144	(1) reinstatement to the employee's former position or
145	145	a position that is comparable in terms of compensation, benefits,
146	146	and other conditions of employment;
147	147	(2) compensation for wages lost during the period of
148	148	suspension or termination; and
149	149	(3) reinstatement of any fringe benefits and seniority
150	150	rights lost because of the suspension or termination.
151	151	Sec. 83.010. NOTICE TO EMPLOYEES. (a) Each employer shall
152	152	inform its employees of their rights under this chapter by posting a
153	153	conspicuous sign in a prominent location in the employer's
154	154	workplace.
155	155	(b) The Texas Workforce Commission by rule shall prescribe
156	156	the design and content of the sign required by this section.
157	157	SECTION 2. This Act applies only to a suspension,
158	158	termination, or other adverse employment action that is taken by an
159	159	employer against an employee because of an employee absence
160	160	authorized under Chapter 83, Labor Code, as added by this Act, that
161	161	occurs on or after the effective date of this Act. A suspension,
162	162	termination, or other adverse employment action that is taken by an
163	163	employer against an employee before the effective date of this Act
164	164	is governed by the law in effect on the date that the employment
165	165	action is taken, and the former law is continued in effect for that
166	166	purpose.
167	167	SECTION 3. This Act takes effect September 1, 2023.