By: Talarico H.B. No. 5321       A BILL TO BE ENTITLED   AN ACT   relating to employment leave for victims of domestic violence,   sexual assault, and stalking.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle A, Title 2, Labor Code, is amended by   adding Chapter 25 to read as follows:   CHAPTER 25:  EMPLOYMENT LEAVE FOR VICTIMS OF DOMESTIC VIOLENCE,   SEXUAL ASSAULT, AND STALKING.          Sec. 25.001.  GENERAL PROVISIONS. (a)  An employer shall not   discharge or in any manner discriminate against an employee for   taking time off to serve as required by law on an inquest jury or   trial jury, if the employee, prior to taking the time off, gives   reasonable notice to the employer that the employee is required to   serve.          (b)  An employer shall not discharge or in any manner   discriminate or retaliate against an employee, including, but not   limited to, an employee who is a victim of a crime, for taking time   off to appear in court to comply with a subpoena or other court   order as a witness in any judicial proceeding.          (c)  An employer shall not discharge or in any manner   discriminate or retaliate against an employee who is a victim for   taking time off from work to obtain or attempt to obtain any relief.     Relief includes, but is not limited to, a temporary restraining   order, restraining order, or other injunctive relief, to help   ensure the health, safety, or welfare of the victim or their child.          (d)(1)  As a condition of taking time off for a purpose set   forth in subdivision (c), the employee shall give the employer   reasonable advance notice of the employee's intention to take time   off, unless the advance notice is not feasible.                (2)  When an unscheduled absence occurs, the employer   shall not take any action against the employee if the employee,   within a reasonable time after the absence, provides a   certification to the employer. Certification shall be sufficient in   the form of any of the following:                      (a)  A police report indicating that the employee   was a victim.                      (b)  A court order protecting or separating the   employee from the perpetrator of the crime or abuse, or other   evidence from the court or prosecuting attorney that the employee   has appeared in court.                      (c)  Documentation from a licensed medical   professional, domestic violence counselor, a sexual assault   counselor, victim advocate, licensed health care provider, or   counselor that the employee was undergoing treatment or receiving   services for physical or mental injuries or abuse resulting in   victimization from the crime or abuse.                      (d)  Any other form of documentation that   reasonably verifies that the crime or abuse occurred, including but   not limited to, a written statement signed by the employee, or an   individual acting on the employee's behalf, certifying that the   absence is for a purpose authorized under this section.                (3)  To the extent allowed by law the employer shall   maintain the confidentiality of any employee requesting leave.          (e)  An employer shall not discharge or in any manner   discriminate or retaliate against an employee because of the   employee's status as a victim of crime or abuse, if the employee   provides notice to the employer of the status or the employer has   actual knowledge of the status.          (f)(1)  An employer shall provide reasonable accommodations   for a victim of domestic violence, sexual assault, or stalking, who   requests an accommodation for the safety of the victim while at   work.                (2)  For purposes of this subdivision, reasonable   accommodations may include the implementation of safety measures,   including a transfer, reassignment, modified schedule, changed   work telephone, changed work station, installed lock, assistance in   documenting domestic violence, sexual assault, stalking, or other   crime that occurs in the workplace, an implemented safety   procedure, or another adjustment to a job structure, workplace   facility, or work requirement in response to domestic violence,   sexual assault, stalking, or other crime, or referral to a victim   assistance organization.                (3)  An employer is not required to provide a   reasonable accommodation to an employee who has not disclosed the   employee's status as a victim of domestic violence, sexual assault,   or stalking.                (4)  The employer shall engage in a timely, good faith,   and interactive process with the employee to determine effective   reasonable accommodations.                (5)  In determining whether the accommodation is   reasonable, the employer shall consider an exigent circumstance or   danger facing the employee.          SECTION 2:  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 September 1, 2025.