Bill Text: TX HB5321 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to employment leave for victims of domestic violence, sexual assault, and stalking.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2025-04-07 - Referred to s/c on Workforce by Speaker [HB5321 Detail]
Download: Texas-2025-HB5321-Introduced.html
| By: Talarico | H.B. No. 5321 | |
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| relating to employment leave for victims of domestic violence, | ||
| sexual assault, and stalking. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subtitle A, Title 2, Labor Code, is amended by | ||
| adding Chapter 25 to read as follows: | ||
| CHAPTER 25: EMPLOYMENT LEAVE FOR VICTIMS OF DOMESTIC VIOLENCE, | ||
| SEXUAL ASSAULT, AND STALKING. | ||
| Sec. 25.001. GENERAL PROVISIONS. (a) An employer shall not | ||
| discharge or in any manner discriminate against an employee for | ||
| taking time off to serve as required by law on an inquest jury or | ||
| trial jury, if the employee, prior to taking the time off, gives | ||
| reasonable notice to the employer that the employee is required to | ||
| serve. | ||
| (b) An employer shall not discharge or in any manner | ||
| discriminate or retaliate against an employee, including, but not | ||
| limited to, an employee who is a victim of a crime, for taking time | ||
| off to appear in court to comply with a subpoena or other court | ||
| order as a witness in any judicial proceeding. | ||
| (c) An employer shall not discharge or in any manner | ||
| discriminate or retaliate against an employee who is a victim for | ||
| taking time off from work to obtain or attempt to obtain any relief. | ||
| Relief includes, but is not limited to, a temporary restraining | ||
| order, restraining order, or other injunctive relief, to help | ||
| ensure the health, safety, or welfare of the victim or their child. | ||
| (d)(1) As a condition of taking time off for a purpose set | ||
| forth in subdivision (c), the employee shall give the employer | ||
| reasonable advance notice of the employee's intention to take time | ||
| off, unless the advance notice is not feasible. | ||
| (2) When an unscheduled absence occurs, the employer | ||
| shall not take any action against the employee if the employee, | ||
| within a reasonable time after the absence, provides a | ||
| certification to the employer. Certification shall be sufficient in | ||
| the form of any of the following: | ||
| (a) A police report indicating that the employee | ||
| was a victim. | ||
| (b) A court order protecting or separating the | ||
| employee from the perpetrator of the crime or abuse, or other | ||
| evidence from the court or prosecuting attorney that the employee | ||
| has appeared in court. | ||
| (c) Documentation from a licensed medical | ||
| professional, domestic violence counselor, a sexual assault | ||
| counselor, victim advocate, licensed health care provider, or | ||
| counselor that the employee was undergoing treatment or receiving | ||
| services for physical or mental injuries or abuse resulting in | ||
| victimization from the crime or abuse. | ||
| (d) Any other form of documentation that | ||
| reasonably verifies that the crime or abuse occurred, including but | ||
| not limited to, a written statement signed by the employee, or an | ||
| individual acting on the employee's behalf, certifying that the | ||
| absence is for a purpose authorized under this section. | ||
| (3) To the extent allowed by law the employer shall | ||
| maintain the confidentiality of any employee requesting leave. | ||
| (e) An employer shall not discharge or in any manner | ||
| discriminate or retaliate against an employee because of the | ||
| employee's status as a victim of crime or abuse, if the employee | ||
| provides notice to the employer of the status or the employer has | ||
| actual knowledge of the status. | ||
| (f)(1) An employer shall provide reasonable accommodations | ||
| for a victim of domestic violence, sexual assault, or stalking, who | ||
| requests an accommodation for the safety of the victim while at | ||
| work. | ||
| (2) For purposes of this subdivision, reasonable | ||
| accommodations may include the implementation of safety measures, | ||
| including a transfer, reassignment, modified schedule, changed | ||
| work telephone, changed work station, installed lock, assistance in | ||
| documenting domestic violence, sexual assault, stalking, or other | ||
| crime that occurs in the workplace, an implemented safety | ||
| procedure, or another adjustment to a job structure, workplace | ||
| facility, or work requirement in response to domestic violence, | ||
| sexual assault, stalking, or other crime, or referral to a victim | ||
| assistance organization. | ||
| (3) An employer is not required to provide a | ||
| reasonable accommodation to an employee who has not disclosed the | ||
| employee's status as a victim of domestic violence, sexual assault, | ||
| or stalking. | ||
| (4) The employer shall engage in a timely, good faith, | ||
| and interactive process with the employee to determine effective | ||
| reasonable accommodations. | ||
| (5) In determining whether the accommodation is | ||
| reasonable, the employer shall consider an exigent circumstance or | ||
| danger facing the employee. | ||
| SECTION 2: This Act takes effect immediately if it receives | ||
| a vote of two-thirds of all the members elected to each house, as | ||
| provided by Section 39, Article III, Texas Constitution. If this | ||
| Act does not receive the vote necessary for immediate effect, this | ||
| Act takes effect September 1, 2025. | ||
