| 1 | 1 | | By: Cain H.B. No. 3822 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to parental leave policies for certain public school |
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| 9 | 9 | | classroom teachers. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subchapter I, Chapter 21, Education Code, is |
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| 12 | 12 | | amended by adding Sections 21.416 and 21.417 to read as follows: |
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| 13 | 13 | | Sec. 21.416. PAID PARENTAL LEAVE FOR CERTAIN CLASSROOM |
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| 14 | 14 | | TEACHERS. (a) In this section, "Family and Medical Leave Act" |
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| 15 | 15 | | means the Family and Medical Leave Act of 1993 (29 U.S.C. Section |
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| 16 | 16 | | 2601 et seq.). |
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| 17 | 17 | | (b) Each school district or open-enrollment charter school |
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| 18 | 18 | | shall adopt a paid parental leave policy under which a classroom |
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| 19 | 19 | | teacher who has been employed by the district or school for at least |
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| 20 | 20 | | 12 months and worked at least 1,250 hours during the 12-month period |
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| 21 | 21 | | preceding the beginning of leave under this section and who takes |
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| 22 | 22 | | leave under the Family and Medical Leave Act is entitled to paid |
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| 23 | 23 | | parental leave for the: |
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| 24 | 24 | | (1) birth of a child; |
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| 25 | 25 | | (2) birth of a child by the employee's spouse; or |
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| 26 | 26 | | (3) adoption of a child. |
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| 27 | 27 | | (c) A paid parental leave policy described by Subsection (b) |
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| 28 | 28 | | must provide that: |
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| 29 | 29 | | (1) a classroom teacher who takes leave under the |
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| 30 | 30 | | Family and Medical Leave Act for the purpose of Subsection (b)(1) is |
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| 31 | 31 | | entitled to 40 days of paid leave during leave taken under the |
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| 32 | 32 | | Family and Medical Leave Act; and |
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| 33 | 33 | | (2) a classroom teacher who takes leave under the |
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| 34 | 34 | | Family and Medical Leave Act for the purpose of Subsection (b)(2), |
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| 35 | 35 | | (3), or (4) is entitled to 20 days of paid leave during leave taken |
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| 36 | 36 | | under the Family and Medical Leave Act. |
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| 37 | 37 | | (d) A classroom teacher is not required to use all available |
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| 38 | 38 | | paid vacation and sick leave before the classroom teacher is |
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| 39 | 39 | | entitled to take paid leave under this section. |
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| 40 | 40 | | (e) This section does not entitle a classroom teacher to any |
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| 41 | 41 | | leave in addition to leave taken under the Family and Medical Leave |
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| 42 | 42 | | Act. |
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| 43 | 43 | | (f) This section may not be construed to: |
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| 44 | 44 | | (1) create an employment right; |
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| 45 | 45 | | (2) confer a protected status; or |
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| 46 | 46 | | (3) create a cause of action against a school district |
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| 47 | 47 | | or open-enrollment charter school. |
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| 48 | 48 | | Sec. 21.417. PARENTAL LEAVE FOR CERTAIN CLASSROOM TEACHERS. |
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| 49 | 49 | | (a) Each school district or open-enrollment charter school shall |
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| 50 | 50 | | adopt a policy providing that a classroom teacher who has been |
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| 51 | 51 | | employed by the district for fewer than 12 months or who worked |
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| 52 | 52 | | fewer than 1,250 hours during the 12-month period preceding the |
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| 53 | 53 | | beginning of the leave under this section is eligible to take a |
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| 54 | 54 | | parental leave of absence not to exceed 12 weeks in accordance with |
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| 55 | 55 | | this section. |
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| 56 | 56 | | (b) The classroom teacher must first use all available and |
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| 57 | 57 | | applicable paid vacation and sick leave while taking the leave, and |
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| 58 | 58 | | the remainder of the leave is unpaid. |
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| 59 | 59 | | (c) The leave authorized by this section is limited to, and |
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| 60 | 60 | | begins on the date of, the birth of a natural child of the classroom |
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| 61 | 61 | | teacher or the adoption by or foster care placement with the |
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| 62 | 62 | | classroom teacher of a child younger than three years of age. |
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| 63 | 63 | | SECTION 2. Subchapter D, Chapter 48, Education Code, is |
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| 64 | 64 | | amended by adding Section 48.157 to read as follows: |
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| 65 | 65 | | Sec. 48.157. TEACHER FAMILIES ALLOTMENT. For each employee |
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| 66 | 66 | | who received paid parental leave under a policy adopted under |
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| 67 | 67 | | Sections 21.416 and 21.417 during the preceding school year, a |
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| 68 | 68 | | school district is entitled to an annual allotment equal to the |
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| 69 | 69 | | amount of the employee's compensation for the period for which the |
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| 70 | 70 | | employee received paid parental leave under that policy. |
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| 71 | 71 | | SECTION 3. This Act applies beginning with the 2025-2026 |
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| 72 | 72 | | school year. |
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| 73 | 73 | | SECTION 4. As soon as practicable after the effective date |
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| 74 | 74 | | of this Act and not later than September 1, 2025, the board of |
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| 75 | 75 | | trustees of a school district or the governing body of an |
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| 76 | 76 | | open-enrollment charter school shall adopt the parental leave |
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| 77 | 77 | | policies required by Sections 21.416 and 21.417, Education Code, as |
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| 78 | 78 | | added by this Act. |
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| 79 | 79 | | SECTION 5. This Act takes effect immediately if it receives |
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| 80 | 80 | | a vote of two-thirds of all the members elected to each house, as |
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| 81 | 81 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 82 | 82 | | Act does not receive the vote necessary for immediate effect, this |
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| 83 | 83 | | Act takes effect September 1, 2025. |
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