Texas 2023 - 88th Regular

Texas House Bill HB79 Compare Versions

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1	1	By: Talarico H.B. No. 79
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to employment leave for victims of domestic violence,
7	7	sexual assault, and stalking.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Subtitle A, Title 2, Labor Code, is amended by
10	10	adding Chapter 25 to read as follows:
11	11	CHAPTER 25: EMPLOYMENT LEAVE FOR VICTIMS OF DOMESTIC VIOLENCE,
12	12	SEXUAL ASSAULT, AND STALKING.
13	13	Sec. 25.001. GENERAL PROVISIONS. (a) An employer shall not
14	14	discharge or in any manner discriminate against an employee for
15	15	taking time off to serve as required by law on an inquest jury or
16	16	trial jury, if the employee, prior to taking the time off, gives
17	17	reasonable notice to the employer that the employee is required to
18	18	serve.
19	19	(b) An employer shall not discharge or in any manner
20	20	discriminate or retaliate against an employee, including, but not
21	21	limited to, an employee who is a victim of a crime, for taking time
22	22	off to appear in court to comply with a subpoena or other court
23	23	order as a witness in any judicial proceeding.
24	24	(c) An employer shall not discharge or in any manner
25	25	discriminate or retaliate against an employee who is a victim for
26	26	taking time off from work to obtain or attempt to obtain any relief.
27	27	Relief includes, but is not limited to, a temporary restraining
28	28	order, restraining order, or other injunctive relief, to help
29	29	ensure the health, safety, or welfare of the victim or their child.
30	30	(d)(1) As a condition of taking time off for a purpose set
31	31	forth in subdivision (c), the employee shall give the employer
32	32	reasonable advance notice of the employee's intention to take time
33	33	off, unless the advance notice is not feasible.
34	34	(2) When an unscheduled absence occurs, the employer
35	35	shall not take any action against the employee if the employee,
36	36	within a reasonable time after the absence, provides a
37	37	certification to the employer. Certification shall be sufficient
38	38	in the form of any of the following:
39	39	(a) A police report indicating that the employee
40	40	was a victim.
41	41	(b) A court order protecting or separating the
42	42	employee from the perpetrator of the crime or abuse, or other
43	43	evidence from the court or prosecuting attorney that the employee
44	44	has appeared in court.
45	45	(c) Documentation from a licensed medical
46	46	professional, domestic violence counselor, a sexual assault
47	47	counselor, victim advocate, licensed health care provider, or
48	48	counselor that the employee was undergoing treatment or receiving
49	49	services for physical or mental injuries or abuse resulting in
50	50	victimization from the crime or abuse.
51	51	(d) Any other form of documentation that
52	52	reasonably verifies that the crime or abuse occurred, including but
53	53	not limited to, a written statement signed by the employee, or an
54	54	individual acting on the employee's behalf, certifying that the
55	55	absence is for a purpose authorized under this section.
56	56	(3) To the extent allowed by law the employer shall
57	57	maintain the confidentiality of any employee requesting leave.
58	58	(e) An employer shall not discharge or in any manner
59	59	discriminate or retaliate against an employee because of the
60	60	employee's status as a victim of crime or abuse, if the employee
61	61	provides notice to the employer of the status or the employer has
62	62	actual knowledge of the status.
63	63	(f)(1) An employer shall provide reasonable accommodations
64	64	for a victim of domestic violence, sexual assault, or stalking, who
65	65	requests an accommodation for the safety of the victim while at
66	66	work.
67	67	(2) For purposes of this subdivision, reasonable
68	68	accommodations may include the implementation of safety measures,
69	69	including a transfer, reassignment, modified schedule, changed
70	70	work telephone, changed work station, installed lock, assistance in
71	71	documenting domestic violence, sexual assault, stalking, or other
72	72	crime that occurs in the workplace, an implemented safety
73	73	procedure, or another adjustment to a job structure, workplace
74	74	facility, or work requirement in response to domestic violence,
75	75	sexual assault, stalking, or other crime, or referral to a victim
76	76	assistance organization.
77	77	(3) An employer is not required to provide a
78	78	reasonable accommodation to an employee who has not disclosed the
79	79	employee's status as a victim of domestic violence, sexual assault,
80	80	or stalking.
81	81	(4) The employer shall engage in a timely, good faith,
82	82	and interactive process with the employee to determine effective
83	83	reasonable accommodations.
84	84	(5) In determining whether the accommodation is
85	85	reasonable, the employer shall consider an exigent circumstance or
86	86	danger facing the employee.
87	87	SECTION 2: This Act takes effect immediately if it receives
88	88	a vote of two-thirds of all the members elected to each house, as
89	89	provided by Section 39, Article III, Texas Constitution. If this
90	90	Act does not receive the vote necessary for immediate effect, this
91	91	Act takes effect September 1, 2023.