Meza Family Leave Bill Makes Every Worker Pay Into A Fund

The text as introduced · 2,116 words

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.