Bill Text: TX HB113 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to requiring certain employers to provide paid sick leave to employees; providing administrative penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-07-08 - Filed [HB113 Detail]
Download: Texas-2021-HB113-Introduced.html
| By: Bernal | H.B. No. 113 | |
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| relating to requiring certain employers to provide paid sick leave | ||
| to employees; providing administrative penalties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle D, Title 2, Labor Code, is amended by | ||
| adding Chapter 83 to read as follows: | ||
| CHAPTER 83. EARNED PAID SICK LEAVE | ||
| Sec. 83.001. DEFINITIONS. In this chapter: | ||
| (1) "Commission" means the Texas Workforce | ||
| Commission. | ||
| (2) "Employee" means a person employed by an employer | ||
| for compensation who works at least 80 hours in a calendar year. | ||
| The term includes a person who works through an employment agency, | ||
| as defined by Section 21.002, and a temporary help firm, as defined | ||
| by Section 201.011. The term does not include a person who is: | ||
| (A) an unpaid volunteer; or | ||
| (B) an independent contractor. | ||
| (3) "Employer" means a person who is engaged in an | ||
| industry affecting commerce and who employs one or more employees. | ||
| (4) "Family member" means: | ||
| (A) a person related to an employee within the | ||
| third degree by consanguinity or affinity, as described by | ||
| Subchapter B, Chapter 573, Government Code; or | ||
| (B) a person related to an employee by | ||
| consanguinity or affinity who lives in the employee's household. | ||
| (5) "Family violence" has the meaning assigned by | ||
| Section 71.004, Family Code. | ||
| (6) "Household" has the meaning assigned by Section | ||
| 71.005, Family Code. | ||
| (7) "Sexual assault" means any conduct that | ||
| constitutes an offense under Section 22.011 or 22.021, Penal Code. | ||
| (8) "Stalking" means any conduct that constitutes an | ||
| offense under Section 42.072, Penal Code. | ||
| Sec. 83.002. APPLICABILITY OF CHAPTER. This chapter does | ||
| not apply to an employer who is: | ||
| (1) a state agency or political subdivision, as those | ||
| terms are defined by Section 21.002; or | ||
| (2) an agency of or a corporation wholly owned by the | ||
| federal government. | ||
| Sec. 83.003. PAID SICK LEAVE REQUIRED. Each employer shall | ||
| provide paid sick leave annually to each employee in this state | ||
| under the terms of this chapter. | ||
| Sec. 83.004. PAID SICK LEAVE ACCRUAL AND CARRYOVER. (a) | ||
| Paid sick leave under this chapter accrues beginning on the date of | ||
| hire at a rate of one hour of paid sick leave for each 30 hours | ||
| worked by an employee. | ||
| (b) An employer may not limit the maximum number of hours of | ||
| paid sick leave an employee may accrue to less than: | ||
| (1) 64 hours per calendar year, if the employer | ||
| employed at least 15 employees, not including family members, at | ||
| any time during the preceding calendar year; or | ||
| (2) 48 hours per calendar year, if the employer | ||
| employed fewer than 15 employees, not including family members, at | ||
| any time during the preceding calendar year. | ||
| (c) Each employee is entitled to carry over not more than | ||
| the number of hours specified in Subsection (b) of unused paid sick | ||
| leave from the current calendar year to the following calendar year | ||
| unless the employer elects to make paid sick leave available at the | ||
| beginning of a year as provided by Section 83.005(c). | ||
| (d) Sick leave hours carried over from a previous calendar | ||
| year must be immediately available to the employee in the following | ||
| calendar year. | ||
| Sec. 83.005. ENTITLEMENT TO USE PAID SICK LEAVE; | ||
| LIMITATIONS. (a) An employee is entitled to use accrued paid sick | ||
| leave under this chapter 60 calendar days after the date of hire, | ||
| unless the employer agrees to an earlier date. | ||
| (b) An employee is not entitled to use accrued paid sick | ||
| leave under this chapter on more than eight calendar days in any | ||
| calendar year. | ||
| (c) An employer may make immediately available to an | ||
| employee at the beginning of a year, quarter, or other period the | ||
| entire amount of paid sick leave that the employee is expected to | ||
| accrue during the year, quarter, or other period. | ||
| (d) At the employer's discretion, an employer may loan paid | ||
| sick leave time to an employee in advance of accrual by the | ||
| employee. | ||
| (e) On the mutual consent of the employee and employer, an | ||
| employee who chooses to work additional hours or shifts during the | ||
| same or following pay period, instead of hours or shifts missed, | ||
| does not use accrued paid sick leave. An employer may establish | ||
| incentives to encourage employees to work additional hours or | ||
| shifts as provided by this subsection instead of using accrued paid | ||
| sick leave. | ||
| (f) Unless an employee policy or collective bargaining | ||
| agreement provides for the payment of accrued fringe benefits on | ||
| termination, an employee is not entitled to payment of unused | ||
| accrued paid sick leave under this chapter on termination of | ||
| employment. | ||
| Sec. 83.006. PAY RATE FOR SICK LEAVE. Each employer shall | ||
| pay each employee for paid sick leave taken at a pay rate equal to | ||
| the normal hourly wage for that employee. The employee's normal | ||
| hourly wage may not be less than the amount required by Section | ||
| 62.051. | ||
| Sec. 83.007. USE OF PAID SICK LEAVE. (a) An employee may | ||
| use paid sick leave accrued under this chapter if: | ||
| (1) the employee is ill, is injured, or has an | ||
| appointment with a health care provider; | ||
| (2) it is necessary for the employee to: | ||
| (A) care for a family member who is ill or | ||
| injured; or | ||
| (B) accompany a family member to an appointment | ||
| with a health care provider; or | ||
| (3) the employee or the employee's family member is a | ||
| victim of family violence, sexual assault, or stalking and the | ||
| employee or the family member needs to: | ||
| (A) receive medical attention; | ||
| (B) relocate the employee's or the family | ||
| member's residence; | ||
| (C) receive services from a victim services | ||
| organization; or | ||
| (D) participate in a legal proceeding or | ||
| court-ordered requirement relating to the family violence, sexual | ||
| assault, or stalking. | ||
| (b) An employer may adopt a reasonable procedure to verify | ||
| that the use of paid sick leave by an employee who uses the leave for | ||
| more than three consecutive work days meets the requirements of | ||
| this section. | ||
| (c) An employer may not require an employee to find another | ||
| employee to work during the time the employee intends to use paid | ||
| sick leave as a condition of using paid sick leave. | ||
| Sec. 83.008. NOTICE TO EMPLOYER. (a) If an employee's need | ||
| to use paid sick leave under this chapter is foreseeable, an | ||
| employer may require advance notice of the intention to use paid | ||
| sick leave. | ||
| (b) If an employee's need for paid sick leave is not | ||
| foreseeable, an employer may require the employee to give notice of | ||
| the intention to use paid sick leave under this chapter as soon as | ||
| practicable. | ||
| Sec. 83.009. EMPLOYER STATEMENT. (a) At least monthly, an | ||
| employer shall provide to each employee an electronic or written | ||
| statement that includes an accounting of the paid sick leave taken | ||
| by the employee and the current amount of paid sick leave available | ||
| to the employee. | ||
| (b) An employer shall retain records that document the | ||
| amount of paid sick leave accrued and taken by each employee. The | ||
| records must be maintained for the applicable period of time | ||
| required by 29 C.F.R. Part 516, Subpart A. | ||
| (c) This section does not create a new requirement for a | ||
| certified payroll. | ||
| Sec. 83.010. NOTICE TO EMPLOYEES. (a) An employer shall | ||
| include in the employer's employee handbook a notice containing an | ||
| employee's rights and remedies relating to paid sick leave required | ||
| by this chapter. | ||
| (b) This section does not require an employer to create an | ||
| employee handbook. | ||
| (c) An employer shall display in a conspicuous place, | ||
| accessible to employees, at the employer's place of business a | ||
| notice that describes the requirements of this chapter. The | ||
| commission by rule shall prescribe the form and content of the | ||
| notice. | ||
| Sec. 83.011. EMPLOYER COMPLIANCE. An employer is in | ||
| compliance with this chapter if the employer offers paid leave | ||
| that: | ||
| (1) may be used for the purposes described by Section | ||
| 83.007; and | ||
| (2) is accrued at a rate equal to or greater than the | ||
| rate described by Section 83.004. | ||
| Sec. 83.012. BREAK IN SERVICE. (a) Termination of an | ||
| employee's employment by an employer, regardless of whether | ||
| voluntary or involuntary, is considered a break in service for | ||
| purposes of this chapter. | ||
| (b) An employee who is subsequently rehired by the employer | ||
| following a break in service: | ||
| (1) begins to accrue paid sick leave under this | ||
| chapter; and | ||
| (2) is not entitled to any unused hours of paid sick | ||
| leave that accrued before the employee's break in service, unless | ||
| the employee is rehired within six months of separation or the | ||
| employer agrees to reinstate all of the employee's previously | ||
| accrued paid sick leave. | ||
| Sec. 83.013. TRANSFER OF EMPLOYEE. (a) The transfer of an | ||
| employee to a separate division, entity, or location of the same | ||
| employer is not considered to be a break in service for purposes of | ||
| this chapter. | ||
| (b) Following a transfer described by Subsection (a), the | ||
| transferred employee is entitled to: | ||
| (1) retain all accrued paid sick leave under this | ||
| chapter; and | ||
| (2) immediately access the retained paid sick leave | ||
| without any waiting period. | ||
| Sec. 83.014. SUCCESSOR EMPLOYER. If an employer succeeds | ||
| or takes the place of an existing employer, employees of the former | ||
| employer who are employed by the successor are entitled to: | ||
| (1) retain all accrued paid sick leave under this | ||
| chapter; and | ||
| (2) immediately access the retained paid sick leave | ||
| without any waiting period. | ||
| Sec. 83.015. LIMITATIONS OF CHAPTER. This chapter does | ||
| not: | ||
| (1) prevent an employer from providing more paid sick | ||
| leave than is required under this chapter; | ||
| (2) prohibit an employer that provides paid leave in | ||
| addition to the paid sick leave required under this chapter from | ||
| restricting the purposes for which an employee may take that | ||
| additional leave; or | ||
| (3) diminish any rights provided to any employee under | ||
| a collective bargaining agreement. | ||
| Sec. 83.016. COLLECTIVE BARGAINING AGREEMENTS. A | ||
| collective bargaining agreement may waive the requirements of this | ||
| chapter by clear and unambiguous language within the agreement. | ||
| Sec. 83.017. RETALIATION PROHIBITED. An employer may not | ||
| take retaliatory personnel action or otherwise discriminate | ||
| against an employee because the employee: | ||
| (1) requests or uses paid sick leave in accordance | ||
| with this chapter; or | ||
| (2) files a complaint with the commission alleging the | ||
| employer's violation of this chapter. | ||
| Sec. 83.018. COMPLAINT; HEARING; ADMINISTRATIVE PENALTY. | ||
| (a) Any employee aggrieved by a violation of this chapter may file | ||
| a claim with the commission in the manner prescribed by Subchapter | ||
| D, Chapter 61. | ||
| (b) On receipt of a complaint, the commission shall | ||
| investigate and dispose of the complaint in the same manner as a | ||
| wage claim under Subchapter D, Chapter 61. | ||
| (c) An employer who is found by the commission, by a | ||
| preponderance of the evidence, to have violated Section 83.017 is | ||
| liable to the commission for an administrative penalty of $500 for | ||
| each violation. | ||
| (d) An employer who is found by the commission, by a | ||
| preponderance of the evidence, to have violated a provision under | ||
| this chapter other than Section 83.017 is liable to the commission | ||
| for an administrative penalty of not more than $100 for each | ||
| violation. | ||
| (e) If the commission finds that an employer violated | ||
| Section 83.017, the commission shall award to the employee all | ||
| appropriate relief, including payment for used paid sick leave, | ||
| rehiring or reinstatement to the employee's previous job, payment | ||
| of back wages, and reestablishment of employee benefits for which | ||
| the employee otherwise would have been eligible if the employee had | ||
| not been subject to retaliatory personnel action or other | ||
| discrimination. | ||
| (f) A complaint under this section must be brought not later | ||
| than the second anniversary of the date of the violation. | ||
| Sec. 83.019. INFORMATION FROM AND OUTREACH BY COMMISSION. | ||
| (a) The commission shall make available to the public on the | ||
| commission's Internet website information regarding: | ||
| (1) the requirements of and the rights and remedies | ||
| under this chapter; and | ||
| (2) best practices for employers with respect to paid | ||
| sick leave. | ||
| (b) The commission may conduct additional public outreach | ||
| efforts to inform employees and the public about this chapter. | ||
| SECTION 2. (a) The change in law made by this Act applies to | ||
| an employee hired on or after January 1, 2023. For an employee | ||
| hired before January 1, 2023, paid sick leave under Chapter 83, | ||
| Labor Code, as added by this Act, begins to accrue on that date, and | ||
| the employee may begin to use the paid sick leave 90 calendar days | ||
| after that date, unless the employer agrees to an earlier date. | ||
| (b) Chapter 83, Labor Code, as added by this Act, does not | ||
| preempt or override the terms of any collective bargaining | ||
| agreement effective before January 1, 2023. | ||
| SECTION 3. Not later than September 1, 2022, the Texas | ||
| Workforce Commission shall: | ||
| (1) prescribe the form and content of the notice | ||
| required by Section 83.010(c), Labor Code, as added by this Act; | ||
| (2) post on the commission's Internet website the | ||
| information required by Section 83.019(a), Labor Code, as added by | ||
| this Act; and | ||
| (3) adopt rules necessary to implement Chapter 83, | ||
| Labor Code, as added by this Act. | ||
| SECTION 4. Except as provided by Section 3 of this Act, this | ||
| Act takes effect January 1, 2023. | ||
