Texas 2025 - 89th Regular

Texas House Bill HB2534 Compare Versions

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

Old	New	Differences
1	1	89R1866 SCP-D
2	2	By: Morales of Harris H.B. No. 2534
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the right of an employee to time off from work if the
10	10	employee or the employee's child is a victim of family violence or a
11	11	violent felony offense.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
14	14	adding Chapter 83 to read as follows:
15	15	CHAPTER 83. EMPLOYEE RIGHT TO TIME OFF FOLLOWING VIOLENCE AGAINST
16	16	EMPLOYEE OR EMPLOYEE'S CHILD
17	17	Sec. 83.001. DEFINITIONS. In this chapter:
18	18	(1) "Employee" and "employer" have the meanings
19	19	assigned by Section 21.002.
20	20	(2) "Family violence" has the meaning assigned by
21	21	Section 71.004, Family Code.
22	22	(3) "Violent felony offense" means an offense under:
23	23	(A) Section 20.04(a)(4), Penal Code, if the
24	24	offense is committed with the intent to violate or abuse the victim
25	25	sexually;
26	26	(B) Section 21.11, Penal Code;
27	27	(C) Section 22.011, Penal Code;
28	28	(D) Section 22.02, Penal Code;
29	29	(E) Section 22.021, Penal Code;
30	30	(F) Section 30.02, Penal Code, if the offense is
31	31	punishable under Subsection (d) of that section; or
32	32	(G) Section 43.25, Penal Code.
33	33	Sec. 83.002. APPLICATION. This chapter applies only to an
34	34	employee:
35	35	(1) who is a victim of family violence or a violent
36	36	felony offense; or
37	37	(2) whose child is a victim of family violence or a
38	38	violent felony offense.
39	39	Sec. 83.003. RIGHT TO TIME OFF; LIMITATIONS. (a) Except as
40	40	otherwise provided by this section, an employee to whom this
41	41	chapter applies is entitled to time off as provided by this section
42	42	to:
43	43	(1) seek medical attention for, or recover from,
44	44	physical or psychological injuries suffered by the employee or the
45	45	employee's child as a result of family violence or a violent felony
46	46	offense;
47	47	(2) obtain services from a victim services
48	48	organization for the employee or the employee's child in relation
49	49	to the occurrence of family violence or a violent felony offense;
50	50	(3) obtain psychological or other counseling for the
51	51	employee or the employee's child in relation to the occurrence of
52	52	family violence or a violent felony offense;
53	53	(4) participate in safety planning or temporary or
54	54	permanent relocation or take any other action necessary to increase
55	55	the safety of the employee or the employee's child or to ensure the
56	56	economic security of the employee or the employee's child following
57	57	the occurrence of family violence or a violent felony offense; or
58	58	(5) seek legal assistance or remedies to ensure the
59	59	health and safety of the employee or the employee's child,
60	60	including preparing for or participating in any civil or criminal
61	61	legal or investigative proceeding relating to the occurrence of
62	62	family violence or a violent felony offense.
63	63	(b) Before taking time off under this section, an employee
64	64	must provide the employer with at least 24 hours advance written
65	65	notice of the planned absence of the employee, unless providing
66	66	advance notice is not feasible.
67	67	(c) An employer may require an employee who is taking time
68	68	off under this chapter to report periodically to the employer on the
69	69	status and intention of the employee to return to work.
70	70	(d) An employee is entitled under this section to not more
71	71	than 30 work days of leave in any 12-month period.
72	72	Sec. 83.004. CERTIFICATION. (a) An employer may require an
73	73	employee to provide, within a reasonable time after the employee's
74	74	initial absence from work, certification to the employer that:
75	75	(1) the employee or the employee's child is a victim of
76	76	family violence or a violent felony offense; and
77	77	(2) the time off from work requested by the employee is
78	78	being used by the employee to engage in an activity described by
79	79	Section 83.003(a).
80	80	(b) An employee may satisfy the requirements of Subsection
81	81	(a) by providing to the employer a sworn statement by the employee
82	82	and the following documentation attesting to the circumstances:
83	83	(1) medical documentation;
84	84	(2) a police report;
85	85	(3) an active protective order; or
86	86	(4) a signed statement or other written documentation
87	87	from a family violence center, as defined by Section 51.002, Human
88	88	Resources Code.
89	89	Sec. 83.005. USE OF LEAVE TIME. An employee who has
90	90	existing vacation leave time, personal leave time, sick leave time,
91	91	or compensatory leave time must use that leave time for a planned
92	92	absence authorized by this chapter.
93	93	Sec. 83.006. EFFECT ON EMPLOYEE PAY AND BENEFITS. (a) An
94	94	employer is not required to compensate an employee during a planned
95	95	absence authorized by this chapter unless the employee is using
96	96	leave time under Section 83.005.
97	97	(b) An employer shall maintain any health coverage provided
98	98	by the employer to the employee or a member of the employee's family
99	99	or household under any group health plan for the duration of the
100	100	employee's absence under this chapter.
101	101	(c) The employer may recover the premium that the employer
102	102	paid for maintaining health coverage under Subsection (b) if the
103	103	employee fails to return to work after the period of time off to
104	104	which the employee is entitled under this chapter has expired for a
105	105	reason other than the continuation, recurrence, or onset of family
106	106	violence or a violent felony offense.
107	107	(d) An employer may require an employee who claims the
108	108	employee is unable to return to work because of the continuation,
109	109	recurrence, or onset of family violence or a violent felony offense
110	110	to provide, within a reasonable time after making the claim,
111	111	certification to the employer that the employee is unable to return
112	112	to work because of that reason. An employee may satisfy the
113	113	certification requirement by providing to the employer a sworn
114	114	statement by the employee and the documentation described by
115	115	Section 83.004(b).
116	116	Sec. 83.007. CONFIDENTIALITY. An employer shall maintain
117	117	the confidentiality of the fact that an employee has requested or
118	118	obtained time off under this chapter and any written document or
119	119	record submitted to the employer by the employee relating to a
120	120	request for time off under this chapter, except to the extent that
121	121	disclosure is:
122	122	(1) requested or consented to in writing by the
123	123	employee; or
124	124	(2) required by other state or federal law.
125	125	Sec. 83.008. ENTITLEMENT ON RETURN TO WORK. (a) On
126	126	returning from time off under this chapter, an employee is entitled
127	127	to:
128	128	(1) reinstatement to the employee's former position or
129	129	a position that is comparable in terms of compensation, benefits,
130	130	and other conditions of employment; and
131	131	(2) any benefits accrued by the employee before the
132	132	employee's time off under this chapter.
133	133	(b) This section does not entitle the employee to:
134	134	(1) any seniority or employment benefit that would
135	135	have accrued during the employee's time off under this section; or
136	136	(2) any other right, benefit, or position of
137	137	employment other than a right, benefit, or position the employee
138	138	accrued before the employee took the time off under this chapter.
139	139	Sec. 83.009. EMPLOYER RETALIATION PROHIBITED. (a) An
140	140	employer may not suspend or terminate the employment of, or
141	141	otherwise discriminate against, an employee who takes time off
142	142	authorized by this chapter if the employee has provided written
143	143	notice or certification as required by this chapter.
144	144	(b) An employee whose employment is suspended or terminated
145	145	in violation of this chapter is entitled to:
146	146	(1) reinstatement to the employee's former position or
147	147	a position that is comparable in terms of compensation, benefits,
148	148	and other conditions of employment;
149	149	(2) compensation for wages lost during the period of
150	150	suspension or termination; and
151	151	(3) reinstatement of any fringe benefits and seniority
152	152	rights lost because of the suspension or termination.
153	153	Sec. 83.010. NOTICE TO EMPLOYEES. (a) Each employer shall
154	154	inform its employees of their rights under this chapter by posting a
155	155	conspicuous sign in a prominent location in the employer's
156	156	workplace.
157	157	(b) The Texas Workforce Commission by rule shall prescribe
158	158	the design and content of the sign required by this section.
159	159	SECTION 2. This Act applies only to a suspension,
160	160	termination, or other adverse employment action that is taken by an
161	161	employer against an employee because of an employee absence
162	162	authorized under Chapter 83, Labor Code, as added by this Act, that
163	163	occurs on or after the effective date of this Act. A suspension,
164	164	termination, or other adverse employment action that is taken by an
165	165	employer against an employee before the effective date of this Act
166	166	is governed by the law in effect on the date that the employment
167	167	action is taken, and the former law is continued in effect for that
168	168	purpose.
169	169	SECTION 3. This Act takes effect September 1, 2025.