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
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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