89R324 KKR-D     By: González of El Paso H.B. No. 317       A BILL TO BE ENTITLED   AN ACT   relating to an employee's right to time off from work if the   employee experiences a reproductive loss.          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 REPRODUCTIVE LOSS          Sec. 83.001.  DEFINITIONS.  In this chapter:                (1)  "Adoption" has the meaning assigned by Section   162.402, Family Code.                (2)  "Assisted reproduction" has the meaning assigned   by Section 160.102, Family Code.                (3)  "Employee" means an individual employed by an   employer.                (4)  "Employer" means a person that employs five or   more employees. The term includes a public employer.                (5)  "Gestational mother" means a woman who gives birth   to a child conceived under a surrogacy agreement.                (6)  "Public employer" has the meaning assigned by   Section 619.001, Government Code.                (7)  "Surrogacy agreement" means a validated   gestational agreement under Subchapter I, Chapter 160, Family Code,   or a surrogacy agreement entered into under another state's or   country's law.          Sec. 83.002.  APPLICABILITY.  (a)  This chapter applies only   to an employee who:                (1)  is employed by the employer for at least 30 days;   and                (2)  would have been a parent of a child as a result of:                      (A)  a pregnancy of the employee, the employee's   spouse, or a gestational mother; or                      (B)  an adoption.          (b)  This chapter does not apply to an employer that is an   agency of the federal government.          Sec. 83.003.  RIGHT TO TIME OFF; LIMITATIONS.  (a)  An   employee to whom this chapter applies is entitled to five days of   time off during the three-month period following the date the   employee experiences a reproductive loss resulting from:                (1)  a miscarriage or stillbirth;                (2)  an unsuccessful assisted reproduction procedure,   including an unsuccessful round of intrauterine insemination;                (3)  the dissolution or breach of an adoption agreement   with the birth mother or legal guardian or an adoption that is not   finalized because the adoption is contested by another person; or                (4)  the dissolution or breach of a gestational   agreement, or a failed embryo transfer to the intended gestational   mother under the agreement.          (b)  An employee shall provide notice to the employer of the   employee's intent to take time off under this chapter as soon as it   is reasonably practicable.          (c)  An employee may take time off under this section   consecutively or intermittently.          (d)  An employee who experiences more than one reproductive   loss in a 12-month period is entitled under this section to not more   than 20 work days of time off during that period.          Sec. 83.004.  USE OF LEAVE TIME. An employer may not require   an employee to substitute accrued paid vacation leave, medical or   sick leave, or other leave for time off provided by this chapter.          Sec. 83.005.  EFFECT ON EMPLOYEE PAY. An employer is not   required to compensate an employee who takes time off provided by   this chapter.          Sec. 83.006.  EMPLOYEE CERTIFICATION. (a)  Subject to   Subsection (b), 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 experienced a reproductive loss   described by Section 83.003(a); and                 (2)  the employee's time off from work is related to the   loss.          (b)  An employer may not require that an employee requesting   time off under this chapter provide to the employer:                (1)  the cause or nature of the employee's reproductive   loss; or                (2)  documentation related to the employee's   reproductive loss.          (c)  The Texas Workforce Commission shall create and make   available a form that may be used by an employee for certification   under this section. An employee is not required to use the form   created under this subsection to provide certification.          Sec. 83.007.  CONFIDENTIALITY.  An employer shall maintain   the confidentiality of the fact that an employee has requested or   taken time off under this chapter and any written document or record   submitted to the employer by the employee relating to time off   requested or taken 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.  NOTICE TO EMPLOYEES. Each employer shall   inform its employees of the right to take time off under this   chapter by posting a sign in a prominent location in the employer's   workplace.          Sec. 83.009.  EMPLOYER RETALIATION PROHIBITED.  An employer   may not suspend or terminate the employment of, or otherwise   discriminate against, an employee who:                (1)  requests or takes time off authorized by this   chapter; or                (2)  testifies, assists, or participates in any manner   in an investigation, proceeding, or hearing relating to a violation   of this chapter.          Sec. 83.010.  UNLAWFUL EMPLOYMENT PRACTICE. An employer   that violates this chapter commits an unlawful employment practice   under Subchapter B, Chapter 21.          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 based on a reproductive loss occurring on or after the   effective date of this Act.          SECTION 3.  This Act takes effect September 1, 2025.