89R1866 SCP-D     By: Morales of Harris H.B. No. 2534       A BILL TO BE ENTITLED   AN ACT   relating to the right of an employee to time off from work if the   employee or the employee's child is a victim of family violence or a   violent felony offense.          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. EMPLOYEE RIGHT TO TIME OFF FOLLOWING VIOLENCE AGAINST   EMPLOYEE OR EMPLOYEE'S CHILD          Sec. 83.001.  DEFINITIONS. In this chapter:                (1)  "Employee" and "employer" have the meanings   assigned by Section 21.002.                (2)  "Family violence" has the meaning assigned by   Section 71.004, Family Code.                (3)  "Violent felony offense" means an offense under:                      (A)  Section 20.04(a)(4), Penal Code, if the   offense is committed with the intent to violate or abuse the victim   sexually;                      (B)  Section 21.11, Penal Code;                      (C)  Section 22.011, Penal Code;                      (D)  Section 22.02, Penal Code;                      (E)  Section 22.021, Penal Code;                      (F)  Section 30.02, Penal Code, if the offense is   punishable under Subsection (d) of that section; or                      (G)  Section 43.25, Penal Code.          Sec. 83.002.  APPLICATION. This chapter applies only to an   employee:                (1)  who is a victim of family violence or a violent   felony offense; or                (2)  whose child is a victim of family violence or a   violent felony offense.          Sec. 83.003.  RIGHT TO TIME OFF; LIMITATIONS. (a) Except as   otherwise provided by this section, an employee to whom this   chapter applies is entitled to time off as provided by this section   to:                (1)  seek medical attention for, or recover from,   physical or psychological injuries suffered by the employee or the   employee's child as a result of family violence or a violent felony   offense;                (2)  obtain services from a victim services   organization for the employee or the employee's child in relation   to the occurrence of family violence or a violent felony offense;                (3)  obtain psychological or other counseling for the   employee or the employee's child in relation to the occurrence of   family violence or a violent felony offense;                (4)  participate in safety planning or temporary or   permanent relocation or take any other action necessary to increase   the safety of the employee or the employee's child or to ensure the   economic security of the employee or the employee's child following   the occurrence of family violence or a violent felony offense; or                (5)  seek legal assistance or remedies to ensure the   health and safety of the employee or the employee's child,   including preparing for or participating in any civil or criminal   legal or investigative proceeding relating to the occurrence of   family violence or a violent felony offense.          (b)  Before taking time off under this section, an employee   must provide the employer with at least 24 hours advance written   notice of the planned absence of the employee, unless providing   advance notice is not feasible.          (c)  An employer may require an employee who is taking time   off under this chapter to report periodically to the employer on the   status and intention of the employee to return to work.          (d)  An employee is entitled under this section to not more   than 30 work days of leave in any 12-month period.          Sec. 83.004.  CERTIFICATION. (a) An employer may require an   employee to provide, within a reasonable time after the employee's   initial absence from work, certification to the employer that:                (1)  the employee or the employee's child is a victim of   family violence or a violent felony offense; and                (2)  the time off from work requested by the employee is   being used by the employee to engage in an activity described by   Section 83.003(a).          (b)  An employee may satisfy the requirements of Subsection   (a) by providing to the employer a sworn statement by the employee   and the following documentation attesting to the circumstances:                (1)  medical documentation;                (2)  a police report;                (3)  an active protective order; or                (4)  a signed statement or other written documentation   from a family violence center, as defined by Section 51.002, Human   Resources Code.          Sec. 83.005.  USE OF LEAVE TIME. An employee who has   existing vacation leave time, personal leave time, sick leave time,   or compensatory leave time must use that leave time for a planned   absence authorized by this chapter.          Sec. 83.006.  EFFECT ON EMPLOYEE PAY AND BENEFITS. (a) An   employer is not required to compensate an employee during a planned   absence authorized by this chapter unless the employee is using   leave time under Section 83.005.          (b)  An employer shall maintain any health coverage provided   by the employer to the employee or a member of the employee's family   or household under any group health plan for the duration of the   employee's absence under this chapter.          (c)  The employer may recover the premium that the employer   paid for maintaining health coverage under Subsection (b) if the   employee fails to return to work after the period of time off to   which the employee is entitled under this chapter has expired for a   reason other than the continuation, recurrence, or onset of family   violence or a violent felony offense.          (d)  An employer may require an employee who claims the   employee is unable to return to work because of the continuation,   recurrence, or onset of family violence or a violent felony offense   to provide, within a reasonable time after making the claim,   certification to the employer that the employee is unable to return   to work because of that reason. An employee may satisfy the   certification requirement by providing to the employer a sworn   statement by the employee and the documentation described by   Section 83.004(b).          Sec. 83.007.  CONFIDENTIALITY. An employer shall maintain   the confidentiality of the fact that an employee has requested or   obtained time off under this chapter and any written document or   record submitted to the employer by the employee relating to a   request for time off under this chapter, except to the extent that   disclosure is:                (1)  requested or consented to in writing by the   employee; or                (2)  required by other state or federal law.          Sec. 83.008.  ENTITLEMENT ON RETURN TO WORK. (a) On   returning from time off under this chapter, an employee is entitled   to:                (1)  reinstatement to the employee's former position or   a position that is comparable in terms of compensation, benefits,   and other conditions of employment; and                (2)  any benefits accrued by the employee before the   employee's time off under this chapter.          (b)  This section does not entitle the employee to:                (1)  any seniority or employment benefit that would   have accrued during the employee's time off under this section; or                (2)  any other right, benefit, or position of   employment other than a right, benefit, or position the employee   accrued before the employee took the time off under this chapter.          Sec. 83.009.  EMPLOYER RETALIATION PROHIBITED.  (a) An   employer may not suspend or terminate the employment of, or   otherwise discriminate against, an employee who takes time off   authorized by this chapter if the employee has provided written   notice or certification as required by this chapter.          (b)  An employee whose employment is suspended or terminated   in violation of this chapter is entitled to:                (1)  reinstatement to the employee's former position or   a position that is comparable in terms of compensation, benefits,   and other conditions of employment;                (2)  compensation for wages lost during the period of   suspension or termination; and                (3)  reinstatement of any fringe benefits and seniority   rights lost because of the suspension or termination.          Sec. 83.010.  NOTICE TO EMPLOYEES. (a) Each employer shall   inform its employees of their rights under this chapter by posting a   conspicuous sign in a prominent location in the employer's   workplace.          (b)  The Texas Workforce Commission by rule shall prescribe   the design and content of the sign required by this section.          SECTION 2.  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 the effective date of this Act. A suspension,   termination, or other adverse employment action that is taken by an   employer against an employee before the effective date of this Act   is governed by the law in effect on the date that the employment   action is taken, and the former law is continued in effect for that   purpose.          SECTION 3.  This Act takes effect September 1, 2025.