Texas 2025 - 89th Regular

Texas House Bill HB5326 Compare Versions

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1	1		By: Talarico H.B. No. 5326
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4	6		A BILL TO BE ENTITLED
5	7		AN ACT
6	8		relating to family and medical leave.
7	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	10		SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
9	11		adding Chapter 85 to read as follows:
10	12		CHAPTER 85. TEXAS FAMILY AND MEDICAL LEAVE
11	13		SUBCHAPTER A. GENERAL PROVISIONS
12	14		Sec. 85.001. DEFINITIONS. In this chapter:
13	15		(1) "Benefit" means the money paid under this chapter
14	16		to an individual for family or medical leave.
15	17		(2) "Commission" means the Texas Workforce
16	18		Commission.
17	19		(3) "Contribution" means a payment by an employer
18	20		under this chapter to the fund.
19	21		(4) "Employer" means a person who employs one or more
20	22		employees.
21	23		(5) "Fund" means the family and medical leave fund
22	24		created under this chapter.
23	25		SUBCHAPTER B. FINANCING AND FUNDS
24	26		Sec. 85.051. DUTIES OF COMPTROLLER. The comptroller is
25	27		treasurer and custodian of the fund and shall administer the fund in
26	28		accordance with the directions of the commission.
27	29		Sec. 85.052. DEPOSIT AND USE OF MONEY. All money paid to
28	30		the commission under this chapter:
29	31		(1) shall be deposited in the fund; and
30	32		(2) may be used only for the administration of this
31	33		chapter.
32	34		Sec. 85.053. FAMILY AND MEDICAL LEAVE FUND. (a) The family
33	35		and medical leave fund is a special fund.
34	36		(b) The fund consists of:
35	37		(1) contributions collected under this chapter;
36	38		(2) interest earned on money in the fund;
37	39		(3) property or securities acquired through the use of
38	40		money in the fund;
39	41		(4) earnings of property or securities described by
40	42		Subdivision (3);
41	43		(5) amounts recovered for losses sustained by the
42	44		fund; and
43	45		(6) other money received for the fund from any other
44	46		source.
45	47		Sec. 85.054. USE OF FUND. The commission shall direct the
46	48		administration of the fund exclusively for the purposes of this
47	49		chapter.
48	50		SUBCHAPTER C. EMPLOYER CONTRIBUTIONS
49	51		Sec. 85.101. CONTRIBUTION REQUIRED. (a) An employer shall
50	52		pay a contribution on wages paid by that employer.
51	53		(b) The contribution shall be paid to the commission in
52	54		accordance with rules adopted by the commission.
53	55		Sec. 85.102. CONTRIBUTION DEDUCTED FROM WAGES. An employer
54	56		may deduct all or a portion of the cost of contributions from
55	57		employee wages.
56	58		Sec. 85.103. ESTABLISHMENT OF CONTRIBUTION RATE. For each
57	59		calendar year, the commission shall establish a contribution rate
58	60		for all employers in this state.
59	61		SUBCHAPTER D. BENEFITS; CLAIMS
60	62		Sec. 85.151. FAMILY AND MEDICAL LEAVE. (a) An employee is
61	63		entitled to not less than 12 weeks of leave:
62	64		(1) to attend to the employee's own serious health
63	65		condition;
64	66		(2) to care for a family member with a serious health
65	67		condition; or
66	68		(3) to spend time with a child due to:
67	69		(A) the birth of the employee's child; or
68	70		(B) the placement of a child with the employee in
69	71		connection with the adoption or foster care of the child by the
70	72		employee.
71	73		(b) Eligibility for leave under Subsection (a)(3) expires
72	74		on the first anniversary of the date of the child's birth or
73	75		placement with the employee, as applicable.
74	76		(c) Leave may be taken intermittently. The minimum claim
75	77		duration payment is for eight consecutive hours of leave.
76	78		Sec. 85.152. FORESEEABILITY OF LEAVE; NOTICE TO EMPLOYER.
77	79		If the necessity for leave under Section 85.151(a) is reasonably
78	80		foreseeable, the affected employee shall provide notice to the
79	81		employer.
80	82		Sec. 85.153. AMOUNT OF BENEFITS. (a) Except as otherwise
81	83		provided by this section, an employee who is eligible for benefits
82	84		under this subchapter shall be paid from the fund an amount equal to
83	85		67 percent of the average amount the employee would have been paid
84	86		if the employee had worked during that pay period.
85	87		(b) The minimum weekly benefit may not be less than $100 a
86	88		week, except that if the employee's average weekly wage is less
87	89		than $100 a week, the weekly benefit for that employee is the
88	90		employee's full wage.
89	91		(c) The maximum weekly benefit may not exceed 90 percent of
90	92		the average weekly benefit for the state, as annually calculated by
91	93		the commission.
92	94		(d) An employee who takes less than a full pay period of
93	95		leave under this chapter is entitled to a prorated amount of the
94	96		benefit under Subsection (a).
95	97		Sec. 85.154. LEAVE CONCURRENT WITH FEDERAL FAMILY LEAVE
96	98		ACT. An employee who is entitled to leave under the federal Family
97	99		and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) must
98	100		take leave under that law concurrent with any leave taken under
99	101		this chapter.
100	102		SUBCHAPTER E. EMPLOYER VIOLATIONS
101	103		Sec. 85.201. RETALIATION PROHIBITED. An employer commits
102	104		an unlawful employment practice if the employer makes an adverse
103	105		employment decision as a result of the employee requesting or using
104	106		leave under this chapter.
105	107		SUBCHAPTER F. COMMISSION DUTIES
106	108		Sec. 85.251. RULES. The commission shall adopt rules to
107	109		implement this chapter.
108	110		Sec. 85.252. REPORT BY COMMISSION. Not later than
109	111		September 1 of each even-numbered year, the commission shall submit
110	112		a report to the legislature on:
111	113		(1) the effectiveness of the program under this
112	114		chapter;
113	115		(2) any recommended changes to the program;
114	116		(3) projected and actual program participation by
115	117		purpose, gender of person receiving benefits, rates of
116	118		contributions, and other information useful for research purposes;
117	119		(4) fund balances and projections; and
118	120		(5) outreach efforts undertaken.
119	121		SECTION 2. This Act takes effect January 1, 2026.