By: Cain H.B. No. 3822
A BILL TO BE ENTITLED
AN ACT
relating to parental leave policies for certain public school
classroom teachers.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter I, Chapter 21, Education Code, is
amended by adding Sections 21.416 and 21.417 to read as follows:
Sec. 21.416. PAID PARENTAL LEAVE FOR CERTAIN CLASSROOM
TEACHERS. (a) In this section, "Family and Medical Leave Act"
means the Family and Medical Leave Act of 1993 (29 U.S.C. Section
2601 et seq.).
(b) Each school district or open-enrollment charter school
shall adopt a paid parental leave policy under which a classroom
teacher who has been employed by the district or school for at least
12 months and worked at least 1,250 hours during the 12-month period
preceding the beginning of leave under this section and who takes
leave under the Family and Medical Leave Act is entitled to paid
parental leave for the:
(1) birth of a child;
(2) birth of a child by the employee's spouse; or
(3) adoption of a child.
(c) A paid parental leave policy described by Subsection (b)
must provide that:
(1) a classroom teacher who takes leave under the
Family and Medical Leave Act for the purpose of Subsection (b)(1) is
entitled to 40 days of paid leave during leave taken under the
Family and Medical Leave Act; and
(2) a classroom teacher who takes leave under the
Family and Medical Leave Act for the purpose of Subsection (b)(2),
(3), or (4) is entitled to 20 days of paid leave during leave taken
under the Family and Medical Leave Act.
(d) A classroom teacher is not required to use all available
paid vacation and sick leave before the classroom teacher is
entitled to take paid leave under this section.
(e) This section does not entitle a classroom teacher to any
leave in addition to leave taken under the Family and Medical Leave
Act.
(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 a school district
or open-enrollment charter school.
Sec. 21.417. PARENTAL LEAVE FOR CERTAIN CLASSROOM TEACHERS.
(a) Each school district or open-enrollment charter school shall
adopt a policy providing that a classroom teacher who has been
employed by the district for fewer than 12 months or who worked
fewer than 1,250 hours during the 12-month period preceding the
beginning of the leave under this section is eligible to take a
parental leave of absence not to exceed 12 weeks in accordance with
this section.
(b) The classroom teacher must first use all available and
applicable paid vacation and sick leave while taking the leave, and
the remainder of the leave is unpaid.
(c) The leave authorized by this section is limited to, and
begins on the date of, the birth of a natural child of the classroom
teacher or the adoption by or foster care placement with the
classroom teacher of a child younger than three years of age.
SECTION 2. Subchapter D, Chapter 48, Education Code, is
amended by adding Section 48.157 to read as follows:
Sec. 48.157. TEACHER FAMILIES ALLOTMENT. For each employee
who received paid parental leave under a policy adopted under
Sections 21.416 and 21.417 during the preceding school year, a
school district is entitled to an annual allotment equal to the
amount of the employee's compensation for the period for which the
employee received paid parental leave under that policy.
SECTION 3. This Act applies beginning with the 2025-2026
school year.
SECTION 4. As soon as practicable after the effective date
of this Act and not later than September 1, 2025, the board of
trustees of a school district or the governing body of an
open-enrollment charter school shall adopt the parental leave
policies required by Sections 21.416 and 21.417, Education Code, as
added by this Act.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.