Bill Text: TX HB656 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to employment leave for certain family or medical obligations; imposing an assessment.
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2017-05-01 - Left pending in committee [HB656 Detail]
Download: Texas-2017-HB656-Introduced.html
85R3061 JSC-D | ||
By: Minjarez | H.B. No. 656 |
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relating to employment leave for certain family or medical | ||
obligations; imposing an assessment. | ||
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. EMPLOYEE LEAVE FOR FAMILY OR MEDICAL OBLIGATIONS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 85.001. DEFINITIONS. In this chapter: | ||
(1) "Child" means a biological child, adopted or | ||
foster child, stepchild, legal ward, or child of a person standing | ||
in loco parentis who is: | ||
(A) under 18 years of age; or | ||
(B) 18 years of age or older and incapable of | ||
self-care because of a physical or mental disability or serious | ||
health condition. | ||
(2) "Commission" means the Texas Workforce | ||
Commission. | ||
(3) "Employee" means an individual who performs | ||
services for an employer for compensation under an oral or written | ||
contract of hire, whether express or implied. The term does not | ||
include an independent contractor. | ||
(4) "Employer" means a person who employs employees. | ||
The term includes a public employer. | ||
(5) "Employment benefits" means all benefits provided | ||
by or made available to an employee by an employer. The term | ||
includes group life insurance, health insurance, disability | ||
insurance, sick leave, annual leave, educational benefits, and | ||
pensions whether the benefits are provided by a practice or written | ||
policy of an employer or through an employee benefit plan. | ||
(6) "Family violence" has the meaning assigned by | ||
Section 71.004, Family Code. | ||
(7) "Grandchild" means the child of a child of an | ||
employee. | ||
(8) "Grandparent" means the parent of a parent of an | ||
employee. | ||
(9) "Grandparent-in-law" means the parent of a parent | ||
of an employee's spouse. | ||
(10) "Health care provider" means: | ||
(A) a licensed individual who provides or renders | ||
health care; or | ||
(B) an unlicensed individual who provides or | ||
renders health care under the direction or supervision of a | ||
physician. | ||
(11) "Parent" means: | ||
(A) the biological parent of an employee; or | ||
(B) an individual who stood in loco parentis to | ||
an employee when the employee was a child. | ||
(12) "Parent-in-law" means the parent of an employee's | ||
spouse. | ||
(13) "Serious health condition" means an illness, | ||
injury, impairment, or physical or mental condition that requires | ||
inpatient care in a hospital, hospice, or residential medical care | ||
facility or continuing treatment by a health care provider. The | ||
term includes a serious disease such as cancer or acquired immune | ||
deficiency syndrome. | ||
(14) "Sexual abuse" means any conduct that constitutes | ||
an offense under Section 21.02 or 21.11, Penal Code. | ||
(15) "Sexual assault" means any conduct that | ||
constitutes an offense under Section 22.011 or 22.021, Penal Code. | ||
(16) "Sibling" means the brother or sister of an | ||
employee or an employee's spouse. | ||
(17) "Stalking" means any conduct that constitutes an | ||
offense under Section 42.072, Penal Code. | ||
(18) "Trafficking" means any conduct that constitutes | ||
an offense under Section 20A.02, Penal Code. | ||
Sec. 85.002. RULES. The commission shall adopt rules as | ||
necessary to administer this chapter. | ||
SUBCHAPTER B. FAMILY AND MEDICAL LEAVE | ||
Sec. 85.051. FAMILY AND MEDICAL LEAVE. (a) An employee who | ||
has been employed by an employer for at least one year is entitled | ||
to not less than 30 days of leave: | ||
(1) to attend to the employee's own serious health | ||
condition; | ||
(2) to care for the following individuals with a | ||
serious health condition: | ||
(A) the employee's child; | ||
(B) the employee's grandchild; | ||
(C) the employee's spouse; | ||
(D) the employee's sibling; | ||
(E) the employee's parent or parent-in-law; or | ||
(F) the employee's grandparent or | ||
grandparent-in-law; | ||
(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; or | ||
(4) to attend to the following, if the employee or | ||
employee's family member described by Subdivision (2) is a victim | ||
of family violence, sexual assault, sexual abuse, stalking, or | ||
trafficking: | ||
(A) the receipt of medical care or psychological | ||
or other counseling for physical or psychological injury or | ||
disability; | ||
(B) the receipt of services from a victim | ||
services organization; | ||
(C) relocation due to the family violence, sexual | ||
assault, sexual abuse, stalking, or trafficking; or | ||
(D) participation in any civil or criminal | ||
proceeding related to or resulting from the family violence, sexual | ||
assault, sexual abuse, stalking, or trafficking. | ||
(b) For purposes of Subsection (a)(2), care provided by an | ||
employee includes physical care, emotional support, visitation, | ||
assistance in treatment, transportation, arranging for a change in | ||
care, assistance with essential daily living matters, and personal | ||
attendant services. | ||
(c) 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. | ||
(d) If the employer provides paid sick leave, or other | ||
accrued paid leave, the employee described by Subsection (a) is | ||
entitled to use up to 30 days of paid leave for a purpose authorized | ||
under this chapter. | ||
(e) If the employer does not provide paid leave for the | ||
employee, or provides paid leave that may not be used for the | ||
purposes described by this section, the employee is entitled to | ||
wage replacement benefits under Subchapter C for leave taken for a | ||
purpose authorized under this chapter. | ||
Sec. 85.052. INSTITUTION OF PAID LEAVE PROGRAM NOT | ||
REQUIRED. This subchapter does not require an employer who does | ||
not provide paid sick leave or other paid medical leave to institute | ||
a program of paid leave. | ||
Sec. 85.053. FORESEEABILITY OF LEAVE; NOTICE TO EMPLOYER. | ||
(a) If the necessity for leave under Section 85.051(a) is | ||
reasonably foreseeable, the affected employee shall provide notice | ||
to the employer. | ||
(b) If the necessity for leave under Section 85.051(a)(1) or | ||
(2) is foreseeable because of planned medical treatment, the | ||
employee shall make a reasonable effort to schedule the treatment | ||
to avoid disrupting the operations of the employer, subject to the | ||
approval of the applicable health care provider. | ||
Sec. 85.054. DOCUMENTATION. (a) An employer may require | ||
that an employee requesting leave under this chapter provide | ||
documentation for the reason the leave was taken and the amount of | ||
leave taken. | ||
(b) The commission shall adopt rules regarding the forms of | ||
documentation an employer may require under this section. | ||
Sec. 85.055. AMOUNT OF PAID LEAVE. (a) An employee who is | ||
eligible for leave under this chapter and whose employer provides | ||
paid leave is entitled to an amount paid by the employer equal to | ||
the average amount the employee would have been paid if the employee | ||
had worked during that pay period. | ||
(b) If the employee takes less than a full pay period of | ||
leave under this chapter, the employer shall prorate the amount of | ||
pay for each day of leave the employee takes. | ||
Sec. 85.056. EMPLOYMENT AND BENEFITS PROTECTION; | ||
EXCEPTION. (a) An employee who takes leave under this chapter is | ||
entitled, on return from the leave, to reinstatement in the former | ||
position of employment or an equivalent position of employment with | ||
equivalent employment benefits, pay, and other terms of employment. | ||
(b) Leave taken under Section 85.051 may not result in the | ||
loss of any employment benefit accrued before the date on which the | ||
leave began. | ||
(c) This section does not entitle an employee who is | ||
reinstated in employment to: | ||
(1) the accrual of seniority or other employment | ||
benefits during any period of leave; or | ||
(2) any right, benefit, or position of employment | ||
other than any right, benefit, or position to which the employee | ||
would have been entitled had the employee not taken the leave. | ||
(d) This section does not prohibit an employer from | ||
requiring an employee on leave under this chapter to report | ||
periodically to the employer on the status and intention of the | ||
employee to return to work. | ||
Sec. 85.057. 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 C. WAGE REPLACEMENT BENEFITS | ||
Sec. 85.101. ELIGIBILITY FOR FAMILY CARE LEAVE WAGE | ||
REPLACEMENT BENEFITS. If an employer does not provide paid leave, | ||
an employee who has been employed by the employer for at least one | ||
year is eligible for family care leave wage replacement benefits | ||
under this chapter for not more than 30 days. | ||
Sec. 85.102. AMOUNT OF WAGE REPLACEMENT BENEFITS. (a) An | ||
employee who is eligible for wage replacement benefits under | ||
Section 85.101 shall be paid an amount equal to the average amount | ||
the employee would have been paid if the employee had worked during | ||
that pay period. | ||
(b) 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). | ||
(c) An employee may not receive more than 30 days of wage | ||
replacement benefits under this subchapter in any 12-month period. | ||
Sec. 85.103. INELIGIBILITY OF CERTAIN EMPLOYEES FOR | ||
BENEFITS. An employee is not eligible for benefits under this | ||
subchapter with respect to any day for which the employee receives: | ||
(1) benefits under any other law providing | ||
unemployment compensation; or | ||
(2) disability insurance benefits or workers' | ||
compensation benefits under any state or federal law. | ||
Sec. 85.104. WAGE REPLACEMENT BENEFIT FUND. The wage | ||
replacement benefit fund is an account in the general revenue fund | ||
to be administered by the commission. Money in the fund may be | ||
appropriated only to pay benefits required under this subchapter. | ||
Sec. 85.105. EMPLOYEE CONTRIBUTION. Each employee shall | ||
contribute monthly to the wage replacement benefit fund by paying | ||
an assessment in an amount equal to one quarter of one percent of | ||
the employee's average monthly pay. | ||
Sec. 85.106. RULES. The commission shall adopt rules | ||
regarding: | ||
(1) the application by an employee for benefits under | ||
this subchapter, including any necessary supporting documentation | ||
an employee must submit; | ||
(2) the manner of collecting employee contributions | ||
required under Section 85.105; and | ||
(3) the manner of payment of benefits under this | ||
subchapter. | ||
Sec. 85.107. APPEAL. A person whose application for wage | ||
replacement benefits under this subchapter is denied may appeal the | ||
denial in the manner provided for appeal of a contested case under | ||
Chapter 2001, Government Code. | ||
Sec. 85.108. REPORT. (a) Not later than December 1, 2020, | ||
the commission shall submit to the legislature a report on the wage | ||
replacement benefits paid under this chapter that includes: | ||
(1) the total number of applications filed; | ||
(2) the average number of days between the filing of an | ||
application for benefits and a determination by the commission; and | ||
(3) any contested cases between an employee and the | ||
commission regarding wage replacement filed under this subchapter | ||
and the outcome of those cases. | ||
(b) This section expires August 31, 2021. | ||
SUBCHAPTER D. ENFORCEMENT | ||
Sec. 85.151. PROHIBITED ACTS. (a) An employer may not | ||
interfere with, restrain, or deny the exercise of or an attempt to | ||
exercise any right provided under this chapter. | ||
(b) An employer may not discharge or otherwise discriminate | ||
against an individual for opposing a practice made unlawful by this | ||
chapter. | ||
(c) A person may not discharge or otherwise discriminate | ||
against an individual because the individual has: | ||
(1) filed a charge, or instituted or caused to be | ||
instituted a proceeding, under or related to this chapter; | ||
(2) given, or is about to give, any information in | ||
connection with an inquiry or proceeding relating to a right | ||
provided under this chapter; or | ||
(3) testified, or is about to testify, in an inquiry or | ||
proceeding relating to a right provided under this chapter. | ||
Sec. 85.152. UNLAWFUL EMPLOYMENT PRACTICE. An employer who | ||
violates this chapter commits an unlawful employment practice under | ||
Chapter 21. | ||
SUBCHAPTER E. COMMUNITY OUTREACH | ||
Sec. 85.201. OUTREACH PROGRAM. (a) The commission shall | ||
develop and implement an outreach program to inform employees about | ||
the availability of paid leave under this chapter. | ||
(b) The program must include distribution of notices and | ||
other written materials in both English and Spanish. | ||
(c) The commission shall make the written materials under | ||
Subsection (b) available on the commission's Internet website. | ||
SECTION 2. (a) An employee is not entitled to take leave as | ||
provided by Chapter 85, Labor Code, as added by this Act, before | ||
January 1, 2018. | ||
(b) The Texas Workforce Commission shall adopt rules as | ||
required by Chapter 85, Labor Code, as added by this Act, not later | ||
than November 1, 2017. In adopting rules under this Act, the | ||
commission shall develop procedures for the payment of wage | ||
replacement benefits under Subchapter C, Chapter 85, Labor Code, as | ||
added by this Act, to employees who become eligible for family care | ||
leave wage replacement benefits under that subchapter on and after | ||
January 1, 2018. | ||
SECTION 3. This Act takes effect September 1, 2017. |