S.B. No. 222
AN ACT
relating to paid leave by certain state employees for the birth or
adoption of a child.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 661.912, Government Code, is amended to
read as follows:
Sec. 661.912. FAMILY AND MEDICAL LEAVE ACT. (a) Except as
provided by Section 661.9125, to [To] the extent required by
federal law, a state employee who has a total of at least 12 months
of state service and who has worked at least 1,250 hours during the
12-month period preceding the beginning of leave under this section
is entitled to leave under the federal Family and Medical Leave Act
of 1993 (29 U.S.C. Section 2601 et seq.).
(b) The employee must first use all available and applicable
paid vacation and sick leave while taking leave under this section,
except that an employee who is receiving temporary disability
benefits or workers' compensation benefits or is taking paid leave
under Section 661.9125 is not required to first use applicable paid
vacation or sick leave while receiving those benefits or taking
paid leave under Section 661.9125.
SECTION 2. Subchapter Z, Chapter 661, Government Code, is
amended by adding Section 661.9125 to read as follows:
Sec. 661.9125. PAID PARENTAL LEAVE FOR CERTAIN EMPLOYEES.
(a) This section applies only to a state employee who:
(1) is a member of the Employees Retirement System of
Texas or is employed by a board, commission, department, or other
agency in the executive branch of state government created by the
constitution or a statute of this state, except for an institution
of higher education as defined by Section 61.003, Education Code;
and
(2) takes leave under Section 661.912 for the:
(A) birth of a child;
(B) birth of a child by the employee's spouse;
(C) birth of a child by a gestational surrogate;
or
(D) adoption of a child.
(b) Except as provided by Subsection (c), a state employee
who takes leave under Section 661.912 for the purpose of Subsection
(a)(2)(A) is entitled to 40 days of paid leave during leave taken
under that section.
(c) A state employee who takes leave under Section 661.912
for the purpose of Subsection (a)(2)(B), (C), or (D) is entitled to
20 days of paid leave during leave taken under Section 661.912.
(d) This section does not entitle an employee to any leave
in addition to leave taken under Section 661.912.
(e) A state employee is not required to use all available
paid vacation and sick leave before the employee is entitled to take
paid leave under this section.
(f) This section may not be construed to:
(1) create an employment right;
(2) confer a protected status; or
(3) create a cause of action against this state.
SECTION 3. This Act takes effect September 1, 2023.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 222 passed the Senate on
March 22, 2023, by the following vote: Yeas 31, Nays 0;
May 1, 2023, Senate refused to concur in House amendments and
requested appointment of Conference Committee; May 5, 2023, House
granted request of the Senate; May 26, 2023, Senate adopted
Conference Committee Report by the following vote: Yeas 31,
Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 222 passed the House, with
amendments, on April 25, 2023, by the following vote: Yeas 139,
Nays 9, one present not voting; May 5, 2023, House granted request
of the Senate for appointment of Conference Committee;
May 25, 2023, House adopted Conference Committee Report by the
following vote: Yeas 136, Nays 3, two present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor