89R4771 DNC-D     By: Meza H.B. No. 1351       A BILL TO BE ENTITLED   AN ACT   relating to employment leave for certain family or medical   obligations.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle D, Title 2, Labor Code, is amended by   adding Chapter 84 to read as follows:   CHAPTER 84. EMPLOYEE LEAVE FOR FAMILY OR MEDICAL OBLIGATIONS   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 84.001.  DEFINITIONS. In this chapter:                (1)  "Child" means a biological child, adopted or   foster child, stepchild, legal ward, or child of a person standing   in loco parentis who is:                      (A)  under 18 years of age; or                      (B)  18 years of age or older and incapable of   self-care because of a physical or mental disability or serious   health condition.                (2)  "Commission" means the Texas Workforce   Commission.                (3)  "Employee" means an individual who performs   services for an employer for compensation under an oral or written   contract of hire, whether express or implied. The term does not   include an independent contractor.                (4)  "Employer" means a person who employs employees.   The term includes a public employer.                (5)  "Employment benefits" means all benefits provided   by or made available to an employee by an employer. The term   includes group life insurance, health insurance, disability   insurance, sick leave, annual leave, educational benefits, and   pensions whether the benefits are provided by a practice or written   policy of an employer or through an employee benefit plan.                (6)  "Family violence" has the meaning assigned by   Section 71.004, Family Code.                (7)  "Grandchild" means the child of a child of an   employee.                (8)  "Grandparent" means the parent of a parent of an   employee.                (9)  "Grandparent-in-law" means the parent of a parent   of an employee's spouse.                (10)  "Health care provider" means:                      (A)  a licensed individual who provides or renders   health care; or                      (B)  an unlicensed individual who provides or   renders health care under the direction or supervision of a   physician.                (11)  "Parent" means:                      (A)  the biological parent of an employee; or                      (B)  an individual who stood in loco parentis to   an employee when the employee was a child.                (12)  "Parent-in-law" means the parent of an employee's   spouse.                (13)  "Serious health condition" means an illness,   injury, impairment, or physical or mental condition that requires   inpatient care in a hospital, hospice, or residential medical care   facility or continuing treatment by a health care provider. The   term includes a serious disease such as cancer or acquired immune   deficiency syndrome.                (14)  "Sexual abuse" means any conduct that constitutes   an offense under Section 21.02 or 21.11, Penal Code.                (15)  "Sexual assault" means any conduct that   constitutes an offense under Section 22.011 or 22.021, Penal Code.                (16)  "Sibling" means the brother or sister of an   employee or an employee's spouse.                (17)  "Stalking" means any conduct that constitutes an   offense under Section 42.072, Penal Code.                (18)  "Trafficking" means any conduct that constitutes   an offense under Section 20A.02, Penal Code.          Sec. 84.002.  RULES. The commission shall adopt rules as   necessary to administer this chapter.   SUBCHAPTER B. FAMILY AND MEDICAL LEAVE          Sec. 84.051.  FAMILY AND MEDICAL LEAVE. (a) An employee who   has been employed by an employer for at least one year is entitled   to not less than 30 days of leave:                (1)  to attend to the employee's own serious health   condition;                (2)  to care for the following individuals with a   serious health condition:                      (A)  the employee's child;                      (B)  the employee's grandchild;                      (C)  the employee's spouse;                      (D)  the employee's sibling;                      (E)  the employee's parent or parent-in-law; or                      (F)  the employee's grandparent or   grandparent-in-law;                (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; or                (4)  to attend to the following, if the employee or   employee's family member described by Subdivision (2) is a victim   of family violence, sexual assault, sexual abuse, stalking, or   trafficking:                      (A)  the receipt of medical care or psychological   or other counseling for physical or psychological injury or   disability;                      (B)  the receipt of services from a victim   services organization;                      (C)  relocation due to the family violence, sexual   assault, sexual abuse, stalking, or trafficking; or                      (D)  participation in any civil or criminal   proceeding related to or resulting from the family violence, sexual   assault, sexual abuse, stalking, or trafficking.          (b)  For purposes of Subsection (a)(2), care provided by an   employee includes physical care, emotional support, visitation,   assistance in treatment, transportation, arranging for a change in   care, assistance with essential daily living matters, and personal   attendant services.          (c)  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.          (d)  If the employer provides paid sick leave, or other   accrued paid leave, the employee described by Subsection (a) is   entitled to use paid leave for a purpose authorized under this   chapter in an amount not to exceed the lesser of:                (1)  the amount of paid leave the employee has accrued;   or                (2)  30 days.          (e)  If the employer does not provide paid leave for the   employee, or provides paid leave that may not be used for the   purposes described by this section, the employee is entitled to   wage replacement benefits under Subchapter C for leave taken for a   purpose authorized under this chapter.          Sec. 84.052.  INSTITUTION OF PAID LEAVE PROGRAM NOT   REQUIRED. This subchapter does not require an employer who does not   provide paid sick leave or other paid medical leave to institute a   program of paid leave.          Sec. 84.053.  FORESEEABILITY OF LEAVE; NOTICE TO EMPLOYER.   (a) If the necessity for leave under Section 84.051(a) is   reasonably foreseeable, the affected employee shall provide notice   to the employer.          (b)  If the necessity for leave under Section 84.051(a)(1) or   (2) is foreseeable because of planned medical treatment, the   employee shall make a reasonable effort to schedule the treatment   to avoid disrupting the operations of the employer, subject to the   approval of the applicable health care provider.          Sec. 84.054.  DOCUMENTATION. (a) An employer may require   that an employee requesting leave under this chapter provide   documentation for the reason the leave was taken and the amount of   leave taken.          (b)  The commission shall adopt rules regarding the forms of   documentation an employer may require under this section.          Sec. 84.055.  AMOUNT OF PAID LEAVE. (a) An employee who is   eligible for leave under this chapter and whose employer provides   paid leave is entitled to an amount paid by the employer equal to   the average amount the employee would have been paid if the employee   had worked during that pay period.          (b)  If the employee takes less than a full pay period of   leave under this chapter, the employer shall prorate the amount of   pay for each day of leave the employee takes.          Sec. 84.056.  EMPLOYMENT AND BENEFITS PROTECTION;   EXCEPTION. (a) An employee who takes leave under this chapter is   entitled, on return from the leave, to reinstatement in the former   position of employment or an equivalent position of employment with   equivalent employment benefits, pay, and other terms of employment.          (b)  Leave taken under Section 84.051 may not result in the   loss of any employment benefit accrued before the date on which the   leave began.          (c)  This section does not entitle an employee who is   reinstated in employment to:                (1)  the accrual of seniority or other employment   benefits during any period of leave; or                (2)  any right, benefit, or position of employment   other than any right, benefit, or position to which the employee   would have been entitled had the employee not taken the leave.          (d)  This section does not prohibit an employer from   requiring an employee on leave under this chapter to report   periodically to the employer on the status and intention of the   employee to return to work.          Sec. 84.057.  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 C. WAGE REPLACEMENT BENEFITS          Sec. 84.101.  ELIGIBILITY FOR FAMILY CARE LEAVE WAGE   REPLACEMENT BENEFITS. If an employer does not provide paid leave,   an employee who has been employed by the employer for at least one   year is eligible for family care leave wage replacement benefits   under this chapter for not more than 30 days.          Sec. 84.102.  AMOUNT OF WAGE REPLACEMENT BENEFITS. (a) An   employee who is eligible for wage replacement benefits under   Section 84.101 shall be paid an amount equal to the average amount   the employee would have been paid if the employee had worked during   that pay period.          (b)  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).          (c)  An employee may not receive more than 30 days of wage   replacement benefits under this subchapter in any 12-month period.          Sec. 84.103.  INELIGIBILITY OF CERTAIN EMPLOYEES FOR   BENEFITS. An employee is not eligible for benefits under this   subchapter with respect to any day for which the employee receives:                (1)  benefits under any other law providing   unemployment compensation; or                (2)  disability insurance benefits or workers'   compensation benefits under any state or federal law.          Sec. 84.104.  WAGE REPLACEMENT BENEFIT FUND. The wage   replacement benefit fund is an account in the general revenue fund   to be administered by the commission. Money in the fund may be   appropriated only to pay benefits required under this subchapter.          Sec. 84.105.  EMPLOYEE CONTRIBUTION. Each employee shall   contribute monthly to the wage replacement benefit fund by paying   an assessment in an amount equal to one quarter of one percent of   the employee's average monthly pay.          Sec. 84.106.  RULES. The commission shall adopt rules   regarding:                (1)  the application by an employee for benefits under   this subchapter, including any necessary supporting documentation   an employee must submit;                (2)  the manner of collecting employee contributions   required under Section 84.105; and                (3)  the manner of payment of benefits under this   subchapter.          Sec. 84.107.  APPEAL. A person whose application for wage   replacement benefits under this subchapter is denied may appeal the   denial in the manner provided for appeal of a contested case under   Chapter 2001, Government Code.          Sec. 84.108.  REPORT. (a) Not later than December 1, 2026,   the commission shall submit to the legislature a report on the wage   replacement benefits paid under this chapter that includes:                (1)  the total number of applications filed;                (2)  the average number of days between the filing of an   application for benefits and a determination by the commission; and                (3)  any contested cases between an employee and the   commission regarding wage replacement filed under this subchapter   and the outcome of those cases.          (b)  This section expires August 31, 2027.   SUBCHAPTER D. ENFORCEMENT          Sec. 84.151.  PROHIBITED ACTS. (a) An employer may not   interfere with, restrain, or deny the exercise of or an attempt to   exercise any right provided under this chapter.          (b)  An employer may not discharge or otherwise discriminate   against an individual for opposing a practice made unlawful by this   chapter.          (c)  A person may not discharge or otherwise discriminate   against an individual because the individual has:                (1)  filed a charge, or instituted or caused to be   instituted a proceeding, under or related to this chapter;                (2)  given, or is about to give, any information in   connection with an inquiry or proceeding relating to a right   provided under this chapter; or                (3)  testified, or is about to testify, in an inquiry or   proceeding relating to a right provided under this chapter.          Sec. 84.152.  UNLAWFUL EMPLOYMENT PRACTICE. An employer who   violates this chapter commits an unlawful employment practice under   Chapter 21.   SUBCHAPTER E. COMMUNITY OUTREACH          Sec. 84.201.  OUTREACH PROGRAM. (a) The commission shall   develop and implement an outreach program to inform employees about   the availability of paid leave under this chapter.          (b)  The program must include distribution of notices and   other written materials in both English and Spanish.          (c)  The commission shall make the written materials under   Subsection (b) available on the commission's Internet website.          SECTION 2.  (a) An employee is not entitled to take leave as   provided by Chapter 84, Labor Code, as added by this Act, before   January 1, 2026.          (b)  The Texas Workforce Commission shall adopt rules as   required by Chapter 84, Labor Code, as added by this Act, not later   than November 1, 2025. In adopting rules under this Act, the   commission shall develop procedures for the payment of wage   replacement benefits under Subchapter C, Chapter 84, Labor Code, as   added by this Act, to employees who become eligible for family care   leave wage replacement benefits under that subchapter on and after   January 1, 2026.          SECTION 3.  This Act takes effect September 1, 2025.