Texas 2025 - 89th Regular

Texas House Bill HB5321 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Talarico H.B. No. 5321
	2	+
	3	+
2	4
3	5
4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to employment leave for victims of domestic violence,
7	9		sexual assault, and stalking.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subtitle A, Title 2, Labor Code, is amended by
10	12		adding Chapter 25 to read as follows:
11	13		CHAPTER 25: EMPLOYMENT LEAVE FOR VICTIMS OF DOMESTIC VIOLENCE,
12	14		SEXUAL ASSAULT, AND STALKING.
13	15		Sec. 25.001. GENERAL PROVISIONS. (a) An employer shall not
14	16		discharge or in any manner discriminate against an employee for
15	17		taking time off to serve as required by law on an inquest jury or
16	18		trial jury, if the employee, prior to taking the time off, gives
17	19		reasonable notice to the employer that the employee is required to
18	20		serve.
19	21		(b) An employer shall not discharge or in any manner
20	22		discriminate or retaliate against an employee, including, but not
21	23		limited to, an employee who is a victim of a crime, for taking time
22	24		off to appear in court to comply with a subpoena or other court
23	25		order as a witness in any judicial proceeding.
24	26		(c) An employer shall not discharge or in any manner
25	27		discriminate or retaliate against an employee who is a victim for
26	28		taking time off from work to obtain or attempt to obtain any relief.
27	29		Relief includes, but is not limited to, a temporary restraining
28	30		order, restraining order, or other injunctive relief, to help
29	31		ensure the health, safety, or welfare of the victim or their child.
30	32		(d)(1) As a condition of taking time off for a purpose set
31	33		forth in subdivision (c), the employee shall give the employer
32	34		reasonable advance notice of the employee's intention to take time
33	35		off, unless the advance notice is not feasible.
34	36		(2) When an unscheduled absence occurs, the employer
35	37		shall not take any action against the employee if the employee,
36	38		within a reasonable time after the absence, provides a
37	39		certification to the employer. Certification shall be sufficient in
38	40		the form of any of the following:
39	41		(a) A police report indicating that the employee
40	42		was a victim.
41	43		(b) A court order protecting or separating the
42	44		employee from the perpetrator of the crime or abuse, or other
43	45		evidence from the court or prosecuting attorney that the employee
44	46		has appeared in court.
45	47		(c) Documentation from a licensed medical
46	48		professional, domestic violence counselor, a sexual assault
47	49		counselor, victim advocate, licensed health care provider, or
48	50		counselor that the employee was undergoing treatment or receiving
49	51		services for physical or mental injuries or abuse resulting in
50	52		victimization from the crime or abuse.
51	53		(d) Any other form of documentation that
52	54		reasonably verifies that the crime or abuse occurred, including but
53	55		not limited to, a written statement signed by the employee, or an
54	56		individual acting on the employee's behalf, certifying that the
55	57		absence is for a purpose authorized under this section.
56	58		(3) To the extent allowed by law the employer shall
57	59		maintain the confidentiality of any employee requesting leave.
58	60		(e) An employer shall not discharge or in any manner
59	61		discriminate or retaliate against an employee because of the
60	62		employee's status as a victim of crime or abuse, if the employee
61	63		provides notice to the employer of the status or the employer has
62	64		actual knowledge of the status.
63	65		(f)(1) An employer shall provide reasonable accommodations
64	66		for a victim of domestic violence, sexual assault, or stalking, who
65	67		requests an accommodation for the safety of the victim while at
66	68		work.
67	69		(2) For purposes of this subdivision, reasonable
68	70		accommodations may include the implementation of safety measures,
69	71		including a transfer, reassignment, modified schedule, changed
70	72		work telephone, changed work station, installed lock, assistance in
71	73		documenting domestic violence, sexual assault, stalking, or other
72	74		crime that occurs in the workplace, an implemented safety
73	75		procedure, or another adjustment to a job structure, workplace
74	76		facility, or work requirement in response to domestic violence,
75	77		sexual assault, stalking, or other crime, or referral to a victim
76	78		assistance organization.
77	79		(3) An employer is not required to provide a
78	80		reasonable accommodation to an employee who has not disclosed the
79	81		employee's status as a victim of domestic violence, sexual assault,
80	82		or stalking.
81	83		(4) The employer shall engage in a timely, good faith,
82	84		and interactive process with the employee to determine effective
83	85		reasonable accommodations.
84	86		(5) In determining whether the accommodation is
85	87		reasonable, the employer shall consider an exigent circumstance or
86	88		danger facing the employee.
87	89		SECTION 2: This Act takes effect immediately if it receives
88	90		a vote of two-thirds of all the members elected to each house, as
89	91		provided by Section 39, Article III, Texas Constitution. If this
90	92		Act does not receive the vote necessary for immediate effect, this
91	93		Act takes effect September 1, 2025.