Texas 2025 - 89th Regular

Texas House Bill HB1351 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	89R4771 DNC-D
2	2	By: Meza H.B. No. 1351
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to employment leave for certain family or medical
10	10	obligations.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
13	13	adding Chapter 84 to read as follows:
14	14	CHAPTER 84. EMPLOYEE LEAVE FOR FAMILY OR MEDICAL OBLIGATIONS
15	15	SUBCHAPTER A. GENERAL PROVISIONS
16	16	Sec. 84.001. DEFINITIONS. In this chapter:
17	17	(1) "Child" means a biological child, adopted or
18	18	foster child, stepchild, legal ward, or child of a person standing
19	19	in loco parentis who is:
20	20	(A) under 18 years of age; or
21	21	(B) 18 years of age or older and incapable of
22	22	self-care because of a physical or mental disability or serious
23	23	health condition.
24	24	(2) "Commission" means the Texas Workforce
25	25	Commission.
26	26	(3) "Employee" means an individual who performs
27	27	services for an employer for compensation under an oral or written
28	28	contract of hire, whether express or implied. The term does not
29	29	include an independent contractor.
30	30	(4) "Employer" means a person who employs employees.
31	31	The term includes a public employer.
32	32	(5) "Employment benefits" means all benefits provided
33	33	by or made available to an employee by an employer. The term
34	34	includes group life insurance, health insurance, disability
35	35	insurance, sick leave, annual leave, educational benefits, and
36	36	pensions whether the benefits are provided by a practice or written
37	37	policy of an employer or through an employee benefit plan.
38	38	(6) "Family violence" has the meaning assigned by
39	39	Section 71.004, Family Code.
40	40	(7) "Grandchild" means the child of a child of an
41	41	employee.
42	42	(8) "Grandparent" means the parent of a parent of an
43	43	employee.
44	44	(9) "Grandparent-in-law" means the parent of a parent
45	45	of an employee's spouse.
46	46	(10) "Health care provider" means:
47	47	(A) a licensed individual who provides or renders
48	48	health care; or
49	49	(B) an unlicensed individual who provides or
50	50	renders health care under the direction or supervision of a
51	51	physician.
52	52	(11) "Parent" means:
53	53	(A) the biological parent of an employee; or
54	54	(B) an individual who stood in loco parentis to
55	55	an employee when the employee was a child.
56	56	(12) "Parent-in-law" means the parent of an employee's
57	57	spouse.
58	58	(13) "Serious health condition" means an illness,
59	59	injury, impairment, or physical or mental condition that requires
60	60	inpatient care in a hospital, hospice, or residential medical care
61	61	facility or continuing treatment by a health care provider. The
62	62	term includes a serious disease such as cancer or acquired immune
63	63	deficiency syndrome.
64	64	(14) "Sexual abuse" means any conduct that constitutes
65	65	an offense under Section 21.02 or 21.11, Penal Code.
66	66	(15) "Sexual assault" means any conduct that
67	67	constitutes an offense under Section 22.011 or 22.021, Penal Code.
68	68	(16) "Sibling" means the brother or sister of an
69	69	employee or an employee's spouse.
70	70	(17) "Stalking" means any conduct that constitutes an
71	71	offense under Section 42.072, Penal Code.
72	72	(18) "Trafficking" means any conduct that constitutes
73	73	an offense under Section 20A.02, Penal Code.
74	74	Sec. 84.002. RULES. The commission shall adopt rules as
75	75	necessary to administer this chapter.
76	76	SUBCHAPTER B. FAMILY AND MEDICAL LEAVE
77	77	Sec. 84.051. FAMILY AND MEDICAL LEAVE. (a) An employee who
78	78	has been employed by an employer for at least one year is entitled
79	79	to not less than 30 days of leave:
80	80	(1) to attend to the employee's own serious health
81	81	condition;
82	82	(2) to care for the following individuals with a
83	83	serious health condition:
84	84	(A) the employee's child;
85	85	(B) the employee's grandchild;
86	86	(C) the employee's spouse;
87	87	(D) the employee's sibling;
88	88	(E) the employee's parent or parent-in-law; or
89	89	(F) the employee's grandparent or
90	90	grandparent-in-law;
91	91	(3) to spend time with a child due to:
92	92	(A) the birth of the employee's child; or
93	93	(B) the placement of a child with the employee in
94	94	connection with the adoption or foster care of the child by the
95	95	employee; or
96	96	(4) to attend to the following, if the employee or
97	97	employee's family member described by Subdivision (2) is a victim
98	98	of family violence, sexual assault, sexual abuse, stalking, or
99	99	trafficking:
100	100	(A) the receipt of medical care or psychological
101	101	or other counseling for physical or psychological injury or
102	102	disability;
103	103	(B) the receipt of services from a victim
104	104	services organization;
105	105	(C) relocation due to the family violence, sexual
106	106	assault, sexual abuse, stalking, or trafficking; or
107	107	(D) participation in any civil or criminal
108	108	proceeding related to or resulting from the family violence, sexual
109	109	assault, sexual abuse, stalking, or trafficking.
110	110	(b) For purposes of Subsection (a)(2), care provided by an
111	111	employee includes physical care, emotional support, visitation,
112	112	assistance in treatment, transportation, arranging for a change in
113	113	care, assistance with essential daily living matters, and personal
114	114	attendant services.
115	115	(c) Eligibility for leave under Subsection (a)(3) expires
116	116	on the first anniversary of the date of the child's birth or
117	117	placement with the employee, as applicable.
118	118	(d) If the employer provides paid sick leave, or other
119	119	accrued paid leave, the employee described by Subsection (a) is
120	120	entitled to use paid leave for a purpose authorized under this
121	121	chapter in an amount not to exceed the lesser of:
122	122	(1) the amount of paid leave the employee has accrued;
123	123	or
124	124	(2) 30 days.
125	125	(e) If the employer does not provide paid leave for the
126	126	employee, or provides paid leave that may not be used for the
127	127	purposes described by this section, the employee is entitled to
128	128	wage replacement benefits under Subchapter C for leave taken for a
129	129	purpose authorized under this chapter.
130	130	Sec. 84.052. INSTITUTION OF PAID LEAVE PROGRAM NOT
131	131	REQUIRED. This subchapter does not require an employer who does not
132	132	provide paid sick leave or other paid medical leave to institute a
133	133	program of paid leave.
134	134	Sec. 84.053. FORESEEABILITY OF LEAVE; NOTICE TO EMPLOYER.
135	135	(a) If the necessity for leave under Section 84.051(a) is
136	136	reasonably foreseeable, the affected employee shall provide notice
137	137	to the employer.
138	138	(b) If the necessity for leave under Section 84.051(a)(1) or
139	139	(2) is foreseeable because of planned medical treatment, the
140	140	employee shall make a reasonable effort to schedule the treatment
141	141	to avoid disrupting the operations of the employer, subject to the
142	142	approval of the applicable health care provider.
143	143	Sec. 84.054. DOCUMENTATION. (a) An employer may require
144	144	that an employee requesting leave under this chapter provide
145	145	documentation for the reason the leave was taken and the amount of
146	146	leave taken.
147	147	(b) The commission shall adopt rules regarding the forms of
148	148	documentation an employer may require under this section.
149	149	Sec. 84.055. AMOUNT OF PAID LEAVE. (a) An employee who is
150	150	eligible for leave under this chapter and whose employer provides
151	151	paid leave is entitled to an amount paid by the employer equal to
152	152	the average amount the employee would have been paid if the employee
153	153	had worked during that pay period.
154	154	(b) If the employee takes less than a full pay period of
155	155	leave under this chapter, the employer shall prorate the amount of
156	156	pay for each day of leave the employee takes.
157	157	Sec. 84.056. EMPLOYMENT AND BENEFITS PROTECTION;
158	158	EXCEPTION. (a) An employee who takes leave under this chapter is
159	159	entitled, on return from the leave, to reinstatement in the former
160	160	position of employment or an equivalent position of employment with
161	161	equivalent employment benefits, pay, and other terms of employment.
162	162	(b) Leave taken under Section 84.051 may not result in the
163	163	loss of any employment benefit accrued before the date on which the
164	164	leave began.
165	165	(c) This section does not entitle an employee who is
166	166	reinstated in employment to:
167	167	(1) the accrual of seniority or other employment
168	168	benefits during any period of leave; or
169	169	(2) any right, benefit, or position of employment
170	170	other than any right, benefit, or position to which the employee
171	171	would have been entitled had the employee not taken the leave.
172	172	(d) This section does not prohibit an employer from
173	173	requiring an employee on leave under this chapter to report
174	174	periodically to the employer on the status and intention of the
175	175	employee to return to work.
176	176	Sec. 84.057. LEAVE CONCURRENT WITH FEDERAL FAMILY LEAVE
177	177	ACT. An employee who is entitled to leave under the federal Family
178	178	and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) must
179	179	take leave under that law concurrent with any leave taken under this
180	180	chapter.
181	181	SUBCHAPTER C. WAGE REPLACEMENT BENEFITS
182	182	Sec. 84.101. ELIGIBILITY FOR FAMILY CARE LEAVE WAGE
183	183	REPLACEMENT BENEFITS. If an employer does not provide paid leave,
184	184	an employee who has been employed by the employer for at least one
185	185	year is eligible for family care leave wage replacement benefits
186	186	under this chapter for not more than 30 days.
187	187	Sec. 84.102. AMOUNT OF WAGE REPLACEMENT BENEFITS. (a) An
188	188	employee who is eligible for wage replacement benefits under
189	189	Section 84.101 shall be paid an amount equal to the average amount
190	190	the employee would have been paid if the employee had worked during
191	191	that pay period.
192	192	(b) An employee who takes less than a full pay period of
193	193	leave under this chapter is entitled to a prorated amount of the
194	194	benefit under Subsection (a).
195	195	(c) An employee may not receive more than 30 days of wage
196	196	replacement benefits under this subchapter in any 12-month period.
197	197	Sec. 84.103. INELIGIBILITY OF CERTAIN EMPLOYEES FOR
198	198	BENEFITS. An employee is not eligible for benefits under this
199	199	subchapter with respect to any day for which the employee receives:
200	200	(1) benefits under any other law providing
201	201	unemployment compensation; or
202	202	(2) disability insurance benefits or workers'
203	203	compensation benefits under any state or federal law.
204	204	Sec. 84.104. WAGE REPLACEMENT BENEFIT FUND. The wage
205	205	replacement benefit fund is an account in the general revenue fund
206	206	to be administered by the commission. Money in the fund may be
207	207	appropriated only to pay benefits required under this subchapter.
208	208	Sec. 84.105. EMPLOYEE CONTRIBUTION. Each employee shall
209	209	contribute monthly to the wage replacement benefit fund by paying
210	210	an assessment in an amount equal to one quarter of one percent of
211	211	the employee's average monthly pay.
212	212	Sec. 84.106. RULES. The commission shall adopt rules
213	213	regarding:
214	214	(1) the application by an employee for benefits under
215	215	this subchapter, including any necessary supporting documentation
216	216	an employee must submit;
217	217	(2) the manner of collecting employee contributions
218	218	required under Section 84.105; and
219	219	(3) the manner of payment of benefits under this
220	220	subchapter.
221	221	Sec. 84.107. APPEAL. A person whose application for wage
222	222	replacement benefits under this subchapter is denied may appeal the
223	223	denial in the manner provided for appeal of a contested case under
224	224	Chapter 2001, Government Code.
225	225	Sec. 84.108. REPORT. (a) Not later than December 1, 2026,
226	226	the commission shall submit to the legislature a report on the wage
227	227	replacement benefits paid under this chapter that includes:
228	228	(1) the total number of applications filed;
229	229	(2) the average number of days between the filing of an
230	230	application for benefits and a determination by the commission; and
231	231	(3) any contested cases between an employee and the
232	232	commission regarding wage replacement filed under this subchapter
233	233	and the outcome of those cases.
234	234	(b) This section expires August 31, 2027.
235	235	SUBCHAPTER D. ENFORCEMENT
236	236	Sec. 84.151. PROHIBITED ACTS. (a) An employer may not
237	237	interfere with, restrain, or deny the exercise of or an attempt to
238	238	exercise any right provided under this chapter.
239	239	(b) An employer may not discharge or otherwise discriminate
240	240	against an individual for opposing a practice made unlawful by this
241	241	chapter.
242	242	(c) A person may not discharge or otherwise discriminate
243	243	against an individual because the individual has:
244	244	(1) filed a charge, or instituted or caused to be
245	245	instituted a proceeding, under or related to this chapter;
246	246	(2) given, or is about to give, any information in
247	247	connection with an inquiry or proceeding relating to a right
248	248	provided under this chapter; or
249	249	(3) testified, or is about to testify, in an inquiry or
250	250	proceeding relating to a right provided under this chapter.
251	251	Sec. 84.152. UNLAWFUL EMPLOYMENT PRACTICE. An employer who
252	252	violates this chapter commits an unlawful employment practice under
253	253	Chapter 21.
254	254	SUBCHAPTER E. COMMUNITY OUTREACH
255	255	Sec. 84.201. OUTREACH PROGRAM. (a) The commission shall
256	256	develop and implement an outreach program to inform employees about
257	257	the availability of paid leave under this chapter.
258	258	(b) The program must include distribution of notices and
259	259	other written materials in both English and Spanish.
260	260	(c) The commission shall make the written materials under
261	261	Subsection (b) available on the commission's Internet website.
262	262	SECTION 2. (a) An employee is not entitled to take leave as
263	263	provided by Chapter 84, Labor Code, as added by this Act, before
264	264	January 1, 2026.
265	265	(b) The Texas Workforce Commission shall adopt rules as
266	266	required by Chapter 84, Labor Code, as added by this Act, not later
267	267	than November 1, 2025. In adopting rules under this Act, the
268	268	commission shall develop procedures for the payment of wage
269	269	replacement benefits under Subchapter C, Chapter 84, Labor Code, as
270	270	added by this Act, to employees who become eligible for family care
271	271	leave wage replacement benefits under that subchapter on and after
272	272	January 1, 2026.
273	273	SECTION 3. This Act takes effect September 1, 2025.