87R10496 JSC-D     By: Talarico H.B. No. 4100       A BILL TO BE ENTITLED   AN ACT   relating to family and medical leave.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle D, Title 2, Labor Code, is amended by   adding Chapter 85 to read as follows:   CHAPTER 85. TEXAS FAMILY AND MEDICAL LEAVE   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 85.001.  DEFINITIONS. In this chapter:                (1)  "Benefit" means the money paid under this chapter   to an individual for family or medical leave.                (2)  "Commission" means the Texas Workforce   Commission.                (3)  "Contribution" means a payment by an employer   under this chapter to the fund.                (4)  "Employer" means a person who employs one or more   employees.                (5)  "Fund" means the family and medical leave fund   created under this chapter.   SUBCHAPTER B. FINANCING AND FUNDS          Sec. 85.051.  DUTIES OF COMPTROLLER. The comptroller is   treasurer and custodian of the fund and shall administer the fund in   accordance with the directions of the commission.          Sec. 85.052.  DEPOSIT AND USE OF MONEY. All money paid to   the commission under this chapter:                (1)  shall be deposited in the fund; and                (2)  may be used only for the administration of this   chapter.          Sec. 85.053.  FAMILY AND MEDICAL LEAVE FUND. (a) The family   and medical leave fund is a special fund.          (b)  The fund consists of:                (1)  contributions collected under this chapter;                (2)  interest earned on money in the fund;                (3)  property or securities acquired through the use of   money in the fund;                (4)  earnings of property or securities described by   Subdivision (3);                (5)  amounts recovered for losses sustained by the   fund; and                (6)  other money received for the fund from any other   source.          Sec. 85.054.  USE OF FUND. The commission shall direct the   administration of the fund exclusively for the purposes of this   chapter.   SUBCHAPTER C. EMPLOYER CONTRIBUTIONS          Sec. 85.101.  CONTRIBUTION REQUIRED. (a) An employer shall   pay a contribution on wages paid by that employer.          (b)  The contribution shall be paid to the commission in   accordance with rules adopted by the commission.          Sec. 85.102.  CONTRIBUTION DEDUCTED FROM WAGES. An employer   may deduct all or a portion of the cost of contributions from   employee wages.          Sec. 85.103.  ESTABLISHMENT OF CONTRIBUTION RATE. For each   calendar year, the commission shall establish a contribution rate   for all employers in this state.   SUBCHAPTER D. BENEFITS; CLAIMS          Sec. 85.151.  FAMILY AND MEDICAL LEAVE. (a) An employee is   entitled to not less than 12 weeks of leave:                (1)  to attend to the employee's own serious health   condition;                (2)  to care for a family member with a serious health   condition; or                (3)  to spend time with a child due to:                      (A)  the birth of the employee's child; or                      (B)  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 Subsection (a)(3) expires   on the first anniversary of the date of the child's birth or   placement with the employee, as applicable.          (c)  Leave may be taken intermittently. The minimum claim   duration payment is for eight consecutive hours of leave.          Sec. 85.152.  FORESEEABILITY OF LEAVE; NOTICE TO EMPLOYER.   If the necessity for leave under Section 85.151(a) is reasonably   foreseeable, the affected employee shall provide notice to the   employer.          Sec. 85.153.  AMOUNT OF BENEFITS. (a) Except as otherwise   provided by this section, an employee who is eligible for benefits   under this subchapter shall be paid from the fund an amount equal to   67 percent of the average amount the employee would have been paid   if the employee had worked during that pay period.          (b)  The minimum weekly benefit may not be less than $100 a   week, except that if the employee's average weekly wage is less than   $100 a week, the weekly benefit for that employee is the employee's   full wage.          (c)  The maximum weekly benefit may not exceed 90 percent of   the average weekly benefit for the state, as annually calculated by   the commission.          (d)  An employee who takes less than a full pay period of   leave under this chapter is entitled to a prorated amount of the   benefit under Subsection (a).          Sec. 85.154.  LEAVE 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.) must   take leave under that law concurrent with any leave taken under this   chapter.   SUBCHAPTER E. EMPLOYER VIOLATIONS          Sec. 85.201.  RETALIATION PROHIBITED. An employer commits   an unlawful employment practice if the employer makes an adverse   employment decision as a result of the employee requesting or using   leave under this chapter.   SUBCHAPTER F. COMMISSION DUTIES          Sec. 85.251.  RULES. The commission shall adopt rules to   implement this chapter.          Sec. 85.252.  REPORT BY COMMISSION. Not later than   September 1 of each even-numbered year, the commission shall submit   a report to the legislature on:                (1)  the effectiveness of the program under this   chapter;                (2)  any recommended changes to the program;                (3)  projected and actual program participation by   purpose, gender of person receiving benefits, rates of   contributions, and other information useful for research purposes;                (4)  fund balances and projections; and                (5)  outreach efforts undertaken.          SECTION 2.  This Act takes effect January 1, 2022.