89R12300 RDS-D     By: Bryant H.B. No. 5164       A BILL TO BE ENTITLED   AN ACT   relating to parental leave for certain employees paid by employers   or insurance policies maintained by employers.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle B, Title 4, Labor Code, is amended by   adding Chapter 320 to read as follows:   CHAPTER 320. PAID PARENTAL LEAVE FOR CERTAIN EMPLOYEES          Sec. 320.001.  DEFINITIONS. In this chapter:                (1)  "Employee" means an individual who performs   services in this state for an employer for compensation under a   contract for hire, whether express or implied. The term does not   include an independent contractor or a state employee to which   Section 661.9125, Government Code, applies.                (2)  "Employer" means a person that employs 50 or more   employees.          Sec. 320.002.  PAID PARENTAL LEAVE FOR CERTAIN EMPLOYEES.   (a) This section applies only to an employee who, during the   preceding 12 months, has worked for the employer on a full-time   basis.          (b)  Subject to Subsection (c), an employee to whom this   section applies is entitled, on request, to 60 days of paid leave   for the:                (1)  birth of a child by the employee;                (2)  birth of a child by the employee's spouse;                (3)  birth of a child by a gestational surrogate;                (4)  adoption of a child; or                (5)  provision of foster care or kinship care to a child   younger than one year of age who is in the conservatorship of the   Department of Family and Protective Services.          (c)  The amount of paid leave to which an employee is   entitled under Subsection (b) for each week of leave taken under   that subsection is an amount equal to the employee's average weekly   wage during the 12-month period preceding the first day that the   employee takes leave under that subsection.          (d)  This section does not entitle an employee to leave in   addition to any leave the employee is entitled to under the federal   Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et   seq.). An employee is not entitled to paid leave under this section   for any period during which the employee is taking other paid leave.          (e)  An employee may not take leave under this section:                (1)  later than the first anniversary of the date of   birth or adoption of a child or placement of a child in foster care   or kinship care; or                (2)  more than one time during a 12-month period.          (f)  Notwithstanding any other provision of this section, an   employee who takes leave under this section for the purpose   described by Subsection (b)(1) may take the leave before the birth   of the child.          (g)  An employer may not take an adverse employment action   against an employee because the employee has taken or plans to take   paid leave under this section. For purposes of this subsection,   "adverse employment action" includes termination or suspension of   the employee's employment, an action that affects the employee's   compensation, promotion, or performance evaluation, or any other   employment action that would dissuade a reasonable employee from   taking paid leave under this chapter.          Sec. 320.003.  PAYMENT OF PAID PARENTAL LEAVE COSTS. (a) To   pay for the costs associated with paid leave required under Section   320.002, an employer may directly pay those costs or maintain an   insurance policy providing coverage for those costs in accordance   with this section.          (b)  An employer electing to maintain an insurance policy   under Subsection (a) shall maintain a policy that provides   sufficient coverage for the employer's employees who are entitled   to paid leave under Section 320.002. To the extent the policy does   not cover the costs associated with paid leave required under   Section 320.002, the employer is liable for those costs.          (c)  The commissioner of insurance may adopt rules   prescribing sufficient coverage requirements and reasonable rates   for an insurance policy described by this section.          Sec. 320.004.  EXCEPTION.  Notwithstanding any other   provision of this chapter, an employee is not entitled to paid leave   under Section 320.002, and an employer is not required to pay costs   associated with that leave under Section 320.003, if no insurer   authorized to engage in the business of insurance in this state   offers an insurance policy described by Section 320.003 by October   1 of the year preceding the year in which the paid leave requirement   would take effect.          SECTION 2.  An employee is not entitled to paid leave under   Chapter 320, Labor Code, as added by this Act, before January 1,   2027.          SECTION 3.  This Act takes effect September 1, 2025.