Bill Text: TX SB52 | 2023 | 88th Legislature 3rd Special Session | Introduced
Bill Title: Relating to a paid parental leave policy at public schools and an allotment under the Foundation School Program for the cost of providing paid parental leave under that policy.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-10-09 - Filed [SB52 Detail]
Download: Texas-2023-SB52-Introduced.html
By: Johnson | S.B. No. 52 | |
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relating to a paid parental leave policy at public schools and an | ||
allotment under the Foundation School Program for the cost of | ||
providing paid parental leave under that policy. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 22, Education Code, is | ||
amended by adding Section 22.0035 to read as follows: | ||
Sec. 22.0035. PAID PARENTAL LEAVE POLICY. (a) Each school | ||
district or open-enrollment charter school shall adopt a paid | ||
parental leave policy under which a full-time employee of the | ||
district or school is entitled to paid parental leave following | ||
the: | ||
(1) birth of a child; | ||
(2) birth of a child by the employee's spouse; | ||
(3) birth of a child by a gestational surrogate; or | ||
(4) adoption of a child. | ||
(b) A paid parental leave policy described by Subsection | ||
(a): | ||
(1) must provide: | ||
(A) eight consecutive weeks of paid parental | ||
leave for an employee who is the primary caregiver of the child; or | ||
(B) four consecutive weeks of paid parental leave | ||
for an employee who is the spouse of the primary caregiver of the | ||
child; | ||
(2) must require that: | ||
(A) an employee be employed on a full-time basis | ||
by the school district or open-enrollment charter school for at | ||
least 12 months before becoming eligible for paid parental leave; | ||
(B) an employee's eligibility for paid parental | ||
leave expires on the six-month anniversary of the date of the | ||
child's birth or placement with the employee; and | ||
(C) an employee who has been granted paid | ||
parental leave under the policy take the leave concurrently with | ||
leave for which the employee is eligible under the federal Family | ||
and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.); and | ||
(3) may not require an employee to first use all | ||
available and applicable paid vacation and sick leave before taking | ||
paid parental leave under the policy. | ||
(c) Not later than November 1 of each even-numbered year, | ||
the agency shall prepare and submit to the legislature a report on | ||
paid parental leave provided under a policy required by this | ||
section. The report must include: | ||
(1) the number of employees who took paid parental | ||
leave under a policy required by this section during the preceding | ||
two years, disaggregated by school district and open-enrollment | ||
charter school; | ||
(2) the costs of providing paid parental leave under a | ||
policy required by this section during the preceding two years; | ||
(3) projections regarding future participation in and | ||
costs of paid parental leave provided under a policy required by | ||
this section; and | ||
(4) any recommendations for legislative or other | ||
action. | ||
SECTION 2. Subchapter D, Chapter 48, Education Code, is | ||
amended by adding Section 48.158 to read as follows: | ||
Sec. 48.158. HEALTHY FAMILIES ALLOTMENT. For each employee | ||
who received paid parental leave under a policy required by Section | ||
22.0035 during the preceding school year, a school district is | ||
entitled to an annual allotment equal to the amount of the | ||
employee's compensation for the period for which the employee | ||
received paid parental leave under that policy. | ||
SECTION 3. As soon as practicable after the effective date | ||
of this Act and not later than September 1, 2024, the board of | ||
trustees of a school district or the governing body of an | ||
open-enrollment charter school shall adopt the paid parental leave | ||
policy required by Section 22.0035, Education Code, as added by | ||
this Act. | ||
SECTION 4. (a) Except as provided by Subsection (b) of this | ||
section, 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 on the 91st day after the last day of the legislative | ||
session. | ||
(b) Section 48.158, Education Code, as added by this Act, | ||
takes effect September 1, 2024. |