Bill Text: TX HB718 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to family care leave for certain employees; providing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-04-24 - Left pending in committee [HB718 Detail]
Download: Texas-2017-HB718-Introduced.html
85R1666 JSC-D | ||
By: Wu | H.B. No. 718 |
|
||
|
||
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. |