By: Reynolds	H.B. No. 64

	A BILL TO BE ENTITLED
	AN ACT
	relating to requiring certain employers to provide paid sick leave
	to employees; providing administrative and civil 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.
	(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)  the employee's spouse;
	(B)  the employee's natural child, adopted child,
	stepchild, foster child, or legal ward;
	(C)  a child to whom the employee stands in loco
	parentis;
	(D)  a person to whom the employee stood in loco
	parentis when the person was a child;
	(E)  the employee's parent, foster parent,
	stepparent, adoptive parent, or legal guardian or conservator;
	(F)  a parent, foster parent, stepparent,
	adoptive parent, or legal guardian or conservator of the employee's
	spouse;
	(G)  the employee's grandparent or
	step-grandparent;
	(H)  the grandparent or step-grandparent of the
	employee's spouse;
	(I)  the employee's brother or sister of the whole
	or half blood or by adoption;
	(J)  a brother or sister of the whole or half blood
	or by adoption of the employee's spouse;
	(K)  the employee's stepbrother or stepsister;
	(L)  a stepbrother or stepsister of the employee's
	spouse;
	(M)  the employee's foster brother or sister;
	(N)  a foster brother or sister of the employee's
	spouse;
	(O)  the employee's grandchild or
	step-grandchild;
	(P)  a grandchild or step-grandchild of the
	employee's spouse;
	(Q)  a person for whom the employee is responsible
	for providing or arranging care; or
	(R)  a person related to the 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)  "Harassment" means any conduct that constitutes an
	offense under Section 42.07, Penal Code.
	(7)  "Household" has the meaning assigned by Section
	71.005, Family Code.
	(8)  "Sexual abuse" means any conduct that constitutes
	an offense under Section 21.02, 21.11, or 25.02, Penal Code.
	(9)  "Sexual assault" means any conduct that
	constitutes an offense under Section 22.011 or 22.021, Penal Code.
	(10)  "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:
	(1)  an employee who is entitled to unemployment
	benefits or allowances under the Railroad Unemployment Insurance
	Act (45 U.S.C. Section 351 et seq.); or
	(2)  an employer who is an agency of 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)  Each employee is entitled to carry over unused paid sick
	leave from the current calendar year to the following calendar year
	unless the employer elects to pay an employee for unused sick leave
	at the end of the calendar year and make paid sick leave available
	at the beginning of the next calendar year as provided by Section
	83.005(b).
	(c)  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 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.
	(c)  At the employer's discretion, an employer may loan paid
	sick leave time to an employee in advance of accrual by the
	employee.
	(d)  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.  EMPLOYER COMPLIANCE.  An employer is
	considered to be in compliance with this chapter if the employer
	offers one or more other types of paid leave that:
	(1)  may be used for the purposes described by this
	chapter; and
	(2)  accrues at a rate equal to or greater than the rate
	described by Section 83.004.
	Sec. 83.007.  PAY RATE FOR SICK LEAVE. (a)  Each employer
	shall pay each employee for paid sick leave time taken at a pay rate
	equal to the normal hourly wage for that employee.
	(b)  For purposes of Subsection (a) and Section 83.004, an
	employee who is exempt from the overtime requirements under Section
	13(a)(1), Fair Labor Standards Act of 1938 (29 U.S.C. Section
	213(a)(1)), is presumed to work 40 hours each week unless the
	employee's regular workweek is less than 40 hours.
	Sec. 83.008.  USE OF PAID SICK LEAVE.  (a)  An employee may
	use paid sick leave accrued under this chapter for:
	(1)  the employee's mental or physical illness, injury,
	or health condition;
	(2)  the medical diagnosis, care, or treatment of the
	employee's mental or physical illness, injury, or health condition;
	(3)  preventive medical care for the employee;
	(4)  the employee's family member's mental or physical
	illness, injury, or health condition;
	(5)  the medical diagnosis, care, or treatment of the
	employee's family member's mental or physical illness, injury, or
	health condition; or
	(6)  preventive medical care for the employee's family
	member.
	(b)  An employee who is or whose family member is a victim of
	family violence, sexual assault, sexual abuse, stalking, or
	harassment may use paid sick leave accrued under this chapter:
	(1)  for medical care or psychological or other
	counseling for physical or psychological injury or disability;
	(2)  to obtain services from a victim services
	organization;
	(3)  to relocate due to the family violence, sexual
	assault, sexual abuse, stalking, or harassment; or
	(4)  to participate in a legal proceeding or
	court-ordered requirement relating to the family violence, sexual
	assault, sexual abuse, stalking, or harassment.
	(c)  An employee may use paid sick leave to attend a meeting
	at a child family member's school.
	(d)  An employee may use paid sick leave while the employee's
	place of business or the school or child care facility of the
	employee's child family member is closed due to a public health
	emergency.
	(e)  An employee may not use paid sick leave in increments of
	less than one hour.
	(f)  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. 83.009.  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 employee's intention to use paid sick leave under this chapter
	as soon as practicable.
	Sec. 83.010.  EMPLOYER RECORDS. 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 at least
	three years.
	Sec. 83.011.  DOCUMENTATION. (a)  For paid sick leave of
	three or more consecutive days, an employer may require reasonable
	documentation that the leave is being taken for a purpose permitted
	under this chapter.
	(b)  If paid sick leave is taken for a reason described by
	Section 83.008(a), documentation signed by a health care provider
	who is treating the employee or the employee's family member
	indicating the need for the number of days of the leave is
	considered to be reasonable documentation.  An employer may not
	require that the documentation explain the nature of the illness,
	injury, or health condition.
	(c)  If paid sick leave is taken for a reason described by
	Section 83.008(b), reasonable documentation includes:
	(1)  a copy of a court document;
	(2)  an incident report or other record maintained by a
	law enforcement agency or official; or
	(3)  documentation from a victim's assistance counselor
	from a state or local agency or other entity.
	(d)  An employer may not require the documentation under
	Subsection (c) to include details of the family violence, sexual
	assault, sexual abuse, stalking, or harassment, including any
	references to specific acts.
	(e)  Documentation and information provided to an employer
	are confidential.
	(f)  If an employer requires documentation under this
	section, the employer is responsible for the cost of obtaining
	copies of that documentation.
	Sec. 83.012.  NOTICE TO EMPLOYEES.  (a)  Each employer
	subject to this chapter shall, at the time of hiring, provide notice
	in both English and Spanish to each employee:
	(1)  of the employee's entitlement to paid sick leave,
	the amount of paid sick leave provided to employees, and the terms
	under which leave may be used under this chapter;
	(2)  that retaliation by the employer against the
	employee for requesting or using paid sick leave to which the
	employee is entitled is prohibited; and
	(3)  that the employee has a right to file a complaint
	with the commission or bring a civil action for damages for any
	violation of this chapter.
	(b)  An employer may comply with this section by displaying a
	poster in a conspicuous place, accessible to employees, at the
	employer's place of business that contains in both English and
	Spanish the information required by this section.
	(c)  The notice under this section must also be provided in a
	language other than English or Spanish if that language is the first
	language spoken by at least 30 percent of the employer's workforce.
	(d)  The commission by rule shall prescribe the form and
	content of the notice required under this section.
	(e)  The commission may adopt rules to establish additional
	requirements concerning the means by which employers provide notice
	required under this section.
	Sec. 83.013.  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 had accrued before the employee's break in service,
	unless the employee is rehired within 30 days of separation or the
	employer agrees to reinstate some or all of the employee's
	previously accrued paid sick leave.
	Sec. 83.014.  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
	time without any waiting period, except that the employee remains
	subject to any remaining period of the initial waiting period
	described by Section 83.005(a), if applicable.
	Sec. 83.015.  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
	time without any waiting period.
	Sec. 83.016.  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. 83.017.  COLLECTIVE BARGAINING AGREEMENT. A collective
	bargaining agreement may waive the requirements of this chapter by
	clear and unambiguous language within the agreement.
	Sec. 83.018.  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. 83.019.  COMPLAINT; HEARING; 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 a provision under
	this chapter is liable to the commission for an administrative
	penalty.
	(d)  The commission may award 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.
	(e)  A party may appeal a final decision of the commission by
	filing suit in district court.
	Sec. 83.020.  CIVIL PENALTY.  An employer who wilfully
	violates this chapter is liable for a civil penalty not to exceed
	$100 for each violation. The attorney general may bring an action
	to collect a civil penalty under this chapter. Civil penalties
	assessed under this section shall be deposited in the general
	revenue fund.
	Sec. 83.021.  CIVIL ACTION BY EMPLOYEE. (a) An employee
	aggrieved by a violation of this chapter may bring a civil action to
	enforce rights protected by this chapter, including an action for
	appropriate injunctive relief, in the district court in the county
	in which the alleged violation occurred or in which the alleged
	violator's residence or principal place of business is located.
	(b)  An action under this section must be brought not later
	than the second anniversary of the date of the violation.
	(c)  The employer of an employee who prevails in a civil
	action under this section is liable to the affected employee for
	damages equal to the amount of any wages, salary, employment
	benefits, or other compensation denied or lost to the employee by
	reason of the violation or, if wages, salary, employment benefits,
	or other compensation has not been denied or lost, any actual
	monetary losses sustained by the employee as a direct result of the
	violation.
	(d)  An employer described by Subsection (c) is also liable
	for equitable relief as appropriate, including reinstatement and
	promotion.
	(e)  In addition to any judgment awarded to an employee, the
	court may require the employer to pay reasonable attorney's fees,
	reasonable expert witness fees, and other costs.
	Sec. 83.022.  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 shall develop a pamphlet containing the
	information provided under Subsection (a) and make the pamphlet
	available at no cost for distribution at child care facilities,
	health care facilities, family violence shelters, and other
	community centers.
	(c)  The commission shall make the information under
	Subsections (a) and (b) available in both English and Spanish.
	(d)  The commission shall 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 March 1, 2022. For an employee hired
	before March 1, 2022, 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 March 1, 2022.
	SECTION 3.  Not later than February 1, 2022, the Texas
	Workforce Commission shall:
	(1)  prescribe the form and content of the notice
	required by Section 83.012(a), Labor Code, as added by this Act;
	(2)  post on the commission's Internet website the
	information required by Section 83.022(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.  This Act takes effect on the 91st day after the
	last day of the legislative session.