Talarico Leave Bill Also Covers Jury Duty And Witness Subpoenas

The text as introduced · 761 words

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.