Texas 2025 - 89th Regular

Texas House Bill HB317 Compare Versions

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

Old	New	Differences
1	1	89R324 KKR-D
2	2	By: González of El Paso H.B. No. 317
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to an employee's right to time off from work if the
10	10	employee experiences a reproductive loss.
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 83 to read as follows:
14	14	CHAPTER 83. EMPLOYEE RIGHT TO TIME OFF FOLLOWING REPRODUCTIVE LOSS
15	15	Sec. 83.001. DEFINITIONS. In this chapter:
16	16	(1) "Adoption" has the meaning assigned by Section
17	17	162.402, Family Code.
18	18	(2) "Assisted reproduction" has the meaning assigned
19	19	by Section 160.102, Family Code.
20	20	(3) "Employee" means an individual employed by an
21	21	employer.
22	22	(4) "Employer" means a person that employs five or
23	23	more employees. The term includes a public employer.
24	24	(5) "Gestational mother" means a woman who gives birth
25	25	to a child conceived under a surrogacy agreement.
26	26	(6) "Public employer" has the meaning assigned by
27	27	Section 619.001, Government Code.
28	28	(7) "Surrogacy agreement" means a validated
29	29	gestational agreement under Subchapter I, Chapter 160, Family Code,
30	30	or a surrogacy agreement entered into under another state's or
31	31	country's law.
32	32	Sec. 83.002. APPLICABILITY. (a) This chapter applies only
33	33	to an employee who:
34	34	(1) is employed by the employer for at least 30 days;
35	35	and
36	36	(2) would have been a parent of a child as a result of:
37	37	(A) a pregnancy of the employee, the employee's
38	38	spouse, or a gestational mother; or
39	39	(B) an adoption.
40	40	(b) This chapter does not apply to an employer that is an
41	41	agency of the federal government.
42	42	Sec. 83.003. RIGHT TO TIME OFF; LIMITATIONS. (a) An
43	43	employee to whom this chapter applies is entitled to five days of
44	44	time off during the three-month period following the date the
45	45	employee experiences a reproductive loss resulting from:
46	46	(1) a miscarriage or stillbirth;
47	47	(2) an unsuccessful assisted reproduction procedure,
48	48	including an unsuccessful round of intrauterine insemination;
49	49	(3) the dissolution or breach of an adoption agreement
50	50	with the birth mother or legal guardian or an adoption that is not
51	51	finalized because the adoption is contested by another person; or
52	52	(4) the dissolution or breach of a gestational
53	53	agreement, or a failed embryo transfer to the intended gestational
54	54	mother under the agreement.
55	55	(b) An employee shall provide notice to the employer of the
56	56	employee's intent to take time off under this chapter as soon as it
57	57	is reasonably practicable.
58	58	(c) An employee may take time off under this section
59	59	consecutively or intermittently.
60	60	(d) An employee who experiences more than one reproductive
61	61	loss in a 12-month period is entitled under this section to not more
62	62	than 20 work days of time off during that period.
63	63	Sec. 83.004. USE OF LEAVE TIME. An employer may not require
64	64	an employee to substitute accrued paid vacation leave, medical or
65	65	sick leave, or other leave for time off provided by this chapter.
66	66	Sec. 83.005. EFFECT ON EMPLOYEE PAY. An employer is not
67	67	required to compensate an employee who takes time off provided by
68	68	this chapter.
69	69	Sec. 83.006. EMPLOYEE CERTIFICATION. (a) Subject to
70	70	Subsection (b), an employer may require an employee to provide,
71	71	within a reasonable time after the employee's initial absence from
72	72	work, certification to the employer that:
73	73	(1) the employee experienced a reproductive loss
74	74	described by Section 83.003(a); and
75	75	(2) the employee's time off from work is related to the
76	76	loss.
77	77	(b) An employer may not require that an employee requesting
78	78	time off under this chapter provide to the employer:
79	79	(1) the cause or nature of the employee's reproductive
80	80	loss; or
81	81	(2) documentation related to the employee's
82	82	reproductive loss.
83	83	(c) The Texas Workforce Commission shall create and make
84	84	available a form that may be used by an employee for certification
85	85	under this section. An employee is not required to use the form
86	86	created under this subsection to provide certification.
87	87	Sec. 83.007. CONFIDENTIALITY. An employer shall maintain
88	88	the confidentiality of the fact that an employee has requested or
89	89	taken time off under this chapter and any written document or record
90	90	submitted to the employer by the employee relating to time off
91	91	requested or taken under this chapter, except to the extent that
92	92	disclosure is:
93	93	(1) requested or consented to in writing by the
94	94	employee; or
95	95	(2) required by other state or federal law.
96	96	Sec. 83.008. NOTICE TO EMPLOYEES. Each employer shall
97	97	inform its employees of the right to take time off under this
98	98	chapter by posting a sign in a prominent location in the employer's
99	99	workplace.
100	100	Sec. 83.009. EMPLOYER RETALIATION PROHIBITED. An employer
101	101	may not suspend or terminate the employment of, or otherwise
102	102	discriminate against, an employee who:
103	103	(1) requests or takes time off authorized by this
104	104	chapter; or
105	105	(2) testifies, assists, or participates in any manner
106	106	in an investigation, proceeding, or hearing relating to a violation
107	107	of this chapter.
108	108	Sec. 83.010. UNLAWFUL EMPLOYMENT PRACTICE. An employer
109	109	that violates this chapter commits an unlawful employment practice
110	110	under Subchapter B, Chapter 21.
111	111	SECTION 2. This Act applies only to a suspension,
112	112	termination, or other adverse employment action that is taken by an
113	113	employer against an employee because of an employee absence
114	114	authorized under Chapter 83, Labor Code, as added by this Act, that
115	115	occurs based on a reproductive loss occurring on or after the
116	116	effective date of this Act.
117	117	SECTION 3. This Act takes effect September 1, 2025.