By: Talarico H.B. No. 5326
A BILL TO BE ENTITLED
AN ACT
relating to family and medical leave.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
adding Chapter 85 to read as follows:
CHAPTER 85. TEXAS FAMILY AND MEDICAL LEAVE
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 85.001. DEFINITIONS. In this chapter:
(1) "Benefit" means the money paid under this chapter
to an individual for family or medical leave.
(2) "Commission" means the Texas Workforce
Commission.
(3) "Contribution" means a payment by an employer
under this chapter to the fund.
(4) "Employer" means a person who employs one or more
employees.
(5) "Fund" means the family and medical leave fund
created under this chapter.
SUBCHAPTER B. FINANCING AND FUNDS
Sec. 85.051. DUTIES OF COMPTROLLER. The comptroller is
treasurer and custodian of the fund and shall administer the fund in
accordance with the directions of the commission.
Sec. 85.052. DEPOSIT AND USE OF MONEY. All money paid to
the commission under this chapter:
(1) shall be deposited in the fund; and
(2) may be used only for the administration of this
chapter.
Sec. 85.053. FAMILY AND MEDICAL LEAVE FUND. (a) The family
and medical leave fund is a special fund.
(b) The fund consists of:
(1) contributions collected under this chapter;
(2) interest earned on money in the fund;
(3) property or securities acquired through the use of
money in the fund;
(4) earnings of property or securities described by
Subdivision (3);
(5) amounts recovered for losses sustained by the
fund; and
(6) other money received for the fund from any other
source.
Sec. 85.054. USE OF FUND. The commission shall direct the
administration of the fund exclusively for the purposes of this
chapter.
SUBCHAPTER C. EMPLOYER CONTRIBUTIONS
Sec. 85.101. CONTRIBUTION REQUIRED. (a) An employer shall
pay a contribution on wages paid by that employer.
(b) The contribution shall be paid to the commission in
accordance with rules adopted by the commission.
Sec. 85.102. CONTRIBUTION DEDUCTED FROM WAGES. An employer
may deduct all or a portion of the cost of contributions from
employee wages.
Sec. 85.103. ESTABLISHMENT OF CONTRIBUTION RATE. For each
calendar year, the commission shall establish a contribution rate
for all employers in this state.
SUBCHAPTER D. BENEFITS; CLAIMS
Sec. 85.151. FAMILY AND MEDICAL LEAVE. (a) An employee is
entitled to not less than 12 weeks of leave:
(1) to attend to the employee's own serious health
condition;
(2) to care for a family member with a serious health
condition; or
(3) to spend time with a child due to:
(A) the birth of the employee's child; or
(B) the placement of a child with the employee in
connection with the adoption or foster care of the child by the
employee.
(b) Eligibility for leave under Subsection (a)(3) expires
on the first anniversary of the date of the child's birth or
placement with the employee, as applicable.
(c) Leave may be taken intermittently. The minimum claim
duration payment is for eight consecutive hours of leave.
Sec. 85.152. FORESEEABILITY OF LEAVE; NOTICE TO EMPLOYER.
If the necessity for leave under Section 85.151(a) is reasonably
foreseeable, the affected employee shall provide notice to the
employer.
Sec. 85.153. AMOUNT OF BENEFITS. (a) Except as otherwise
provided by this section, an employee who is eligible for benefits
under this subchapter shall be paid from the fund an amount equal to
67 percent of the average amount the employee would have been paid
if the employee had worked during that pay period.
(b) The minimum weekly benefit may not be less than $100 a
week, except that if the employee's average weekly wage is less
than $100 a week, the weekly benefit for that employee is the
employee's full wage.
(c) The maximum weekly benefit may not exceed 90 percent of
the average weekly benefit for the state, as annually calculated by
the commission.
(d) An employee who takes less than a full pay period of
leave under this chapter is entitled to a prorated amount of the
benefit under Subsection (a).
Sec. 85.154. LEAVE CONCURRENT WITH FEDERAL FAMILY LEAVE
ACT. An employee who is entitled to leave under the federal Family
and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) must
take leave under that law concurrent with any leave taken under
this chapter.
SUBCHAPTER E. EMPLOYER VIOLATIONS
Sec. 85.201. RETALIATION PROHIBITED. An employer commits
an unlawful employment practice if the employer makes an adverse
employment decision as a result of the employee requesting or using
leave under this chapter.
SUBCHAPTER F. COMMISSION DUTIES
Sec. 85.251. RULES. The commission shall adopt rules to
implement this chapter.
Sec. 85.252. REPORT BY COMMISSION. Not later than
September 1 of each even-numbered year, the commission shall submit
a report to the legislature on:
(1) the effectiveness of the program under this
chapter;
(2) any recommended changes to the program;
(3) projected and actual program participation by
purpose, gender of person receiving benefits, rates of
contributions, and other information useful for research purposes;
(4) fund balances and projections; and
(5) outreach efforts undertaken.
SECTION 2. This Act takes effect January 1, 2026.