Bill Text: TX HB718 | 2017-2018 | 85th Legislature | Introduced

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Bill Title: Relating to family care leave for certain employees; providing a civil penalty.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2017-04-24 - Left pending in committee [HB718 Detail]

Download: Texas-2017-HB718-Introduced.html

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85R1666 JSC-D
By: Wu H.B. No. 718

A BILL TO BE ENTITLED
AN ACT
relating to family care leave for certain employees; providing a
civil penalty.
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. FAMILY CARE LEAVE
Sec. 83.001. DEFINITIONS. In this chapter:
(1) "Child" means a person:
(A) who is a biological, adopted, or foster
child, a stepchild, or a legal ward of an employee; or
(B) for whom the employee stands in loco
parentis.
(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 10 or more
employees in this state.
Sec. 83.002. FAMILY CARE LEAVE. (a) An employee who has
been employed by an employer for at least six months is eligible for
family care leave for a period of eight weeks due to:
(1) the birth of the employee's child; or
(2) 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 this chapter expires on the
first anniversary of the date of the child's birth or placement with
the employee, as applicable.
Sec. 83.003. INELIGIBILITY OF CERTAIN EMPLOYEES FOR LEAVE.
An employee is not eligible for leave under this chapter with
respect to any day for which the employee receives:
(1) benefits under a law providing unemployment
compensation; or
(2) disability insurance benefits under any state or
federal law.
Sec. 83.004. AMOUNT OF PAY DURING LEAVE. (a) An employee
who is eligible for leave under this chapter is entitled to an
amount paid by the employer equal to the salary 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. 83.005. FORESEEABILITY OF LEAVE; NOTICE TO EMPLOYER.
(a) An employee who intends to take leave under this chapter shall,
before the 30th day preceding the date the leave is to begin, notify
the employer in writing of the employee's intention to take the
leave. If the date of the birth or placement of the child requires
that the leave begin in less than 30 days, the employee shall
provide notice to the employer as is practicable.
(b) An employee may take leave under this chapter
intermittently if the employee notifies the employer in writing.
(c) If an employee gives notice of intermittent leave under
Subsection (b), the employer may require the employee to transfer
temporarily to an available alternative position offered by the
employer for which the employee is qualified and that:
(1) has equivalent pay and benefits; and
(2) better accommodates recurring periods of leave
than the regular employment position of the employee.
(d) On notice by an employee under Subsection (a), an
employee may take leave under this chapter on a reduced leave
schedule. Work performed by an employee on a reduced leave schedule
does not reduce the total amount of leave to which the employee is
entitled.
Sec. 83.006. SUBSTITUTION OF OTHER PAID LEAVE PROHIBITED.
An employer may not require an employee to substitute accrued paid
vacation leave, personal leave, medical or sick leave, or other
leave for leave provided under this chapter.
Sec. 83.007. LEAVE NOT 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.) is
entitled to take leave under that law in addition to any leave taken
under this chapter.
Sec. 83.008. NOTICE BY EMPLOYER REQUIRED; CIVIL PENALTY.
(a) Each employer shall post in conspicuous places on the premises
of the employer where notices to employees and applicants for
employment are customarily posted a notice, prepared or approved by
the commission, setting forth the pertinent provisions of this
chapter and information relating to the enforcement of this
chapter.
(b) An employer who wilfully violates this section 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 section. Civil penalties assessed under this section
shall be deposited in the general revenue fund.
Sec. 83.009. 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 and conditions
of employment.
(b) Leave taken under this chapter 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. 83.010. COMMISSION POWERS AND DUTIES. The commission
shall adopt rules as necessary to implement this chapter.
Sec. 83.011. PROHIBITED ACTS. (a) An employer may not
interfere with, restrain, or deny the exercise of or the 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 that 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. 83.012. ENFORCEMENT. (a) An employer who violates
Section 83.011 is liable to an affected individual for damages
equal to the amount of:
(1) any wages, salary, employment benefits, or other
compensation denied or lost to the individual 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 individual as a direct result of the
violation, including the cost of providing necessary care, not to
exceed an amount equal to the individual's wages or salary for 12
weeks; and
(2) interest on the amount determined under
Subdivision (1) computed at the prevailing rate of interest on
judgments.
(b) The employer is also liable for equitable relief as
appropriate, including employment, reinstatement, and promotion.
(c) An action to recover damages or equitable relief under
this section may be maintained by any one or more individuals for
and on behalf of those individuals.
(d) In addition to any judgment awarded to the plaintiff,
the court may require the defendant to pay reasonable attorney's
fees, reasonable expert witness fees, and other costs.
SECTION 2. (a) This Act applies only to a suspension,
termination, or other adverse employment action that is taken by an
employer against an employee because of an employee absence
authorized under Chapter 83, Labor Code, as added by this Act, that
occurs on or after January 1, 2018. Action taken by an employer
against an employee for an employee absence occurring before
January 1, 2018, is governed by the law in effect immediately before
the effective date of this Act, and the former law is continued in
effect for that purpose.
(b) An employee is not entitled to take leave as provided by
Chapter 83, Labor Code, as added by this Act, before January 1,
2018.
(c) The Texas Workforce Commission shall adopt rules and
prescribe notices as required by Chapter 83, Labor Code, as added by
this Act, not later than November 1, 2017.
SECTION 3. This Act takes effect September 1, 2017.