Talarico Family Leave Bill Adds A New Contribution On Wages

The text as introduced · 860 words

By: Talarico
H.B. No. 5326

A BILL TO BE ENTITLED

AN ACT

relating to family and medical leave.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle D, Title 2, Labor Code, is amended by

adding Chapter 85 to read as follows:

CHAPTER 85. TEXAS FAMILY AND MEDICAL LEAVE

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 85.001. DEFINITIONS. In this chapter:

(1) "Benefit" means the money paid under this chapter

to an individual for family or medical leave.

(2) "Commission" means the Texas Workforce

Commission.

(3) "Contribution" means a payment by an employer

under this chapter to the fund.

(4) "Employer" means a person who employs one or more

employees.

(5) "Fund" means the family and medical leave fund

created under this chapter.

SUBCHAPTER B. FINANCING AND FUNDS

Sec. 85.051. DUTIES OF COMPTROLLER. The comptroller is

treasurer and custodian of the fund and shall administer the fund in

accordance with the directions of the commission.

Sec. 85.052. DEPOSIT AND USE OF MONEY. All money paid to

the commission under this chapter:

(1) shall be deposited in the fund; and

(2) may be used only for the administration of this

chapter.

Sec. 85.053. FAMILY AND MEDICAL LEAVE FUND. (a) The family

and medical leave fund is a special fund.

(b) The fund consists of:

(1) contributions collected under this chapter;

(2) interest earned on money in the fund;

(3) property or securities acquired through the use of

money in the fund;

(4) earnings of property or securities described by

Subdivision (3);

(5) amounts recovered for losses sustained by the

fund; and

(6) other money received for the fund from any other

source.

Sec. 85.054. USE OF FUND. The commission shall direct the

administration of the fund exclusively for the purposes of this

chapter.

SUBCHAPTER C. EMPLOYER CONTRIBUTIONS

Sec. 85.101. CONTRIBUTION REQUIRED. (a) An employer shall

pay a contribution on wages paid by that employer.

(b) The contribution shall be paid to the commission in

accordance with rules adopted by the commission.

Sec. 85.102. CONTRIBUTION DEDUCTED FROM WAGES. An employer

may deduct all or a portion of the cost of contributions from

employee wages.

Sec. 85.103. ESTABLISHMENT OF CONTRIBUTION RATE. For each

calendar year, the commission shall establish a contribution rate

for all employers in this state.

SUBCHAPTER D. BENEFITS; CLAIMS

Sec. 85.151. FAMILY AND MEDICAL LEAVE. (a) An employee is

entitled to not less than 12 weeks of leave:

(1) to attend to the employee's own serious health

condition;

(2) to care for a family member with a serious health

condition; or

(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.

(b) 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.

(c) Leave may be taken intermittently. The minimum claim

duration payment is for eight consecutive hours of leave.

Sec. 85.152. FORESEEABILITY OF LEAVE; NOTICE TO EMPLOYER.

If the necessity for leave under Section 85.151(a) is reasonably

foreseeable, the affected employee shall provide notice to the

employer.

Sec. 85.153. AMOUNT OF BENEFITS. (a) Except as otherwise

provided by this section, an employee who is eligible for benefits

under this subchapter shall be paid from the fund an amount equal to

67 percent of the average amount the employee would have been paid

if the employee had worked during that pay period.

(b) The minimum weekly benefit may not be less than $100 a

week, except that if the employee's average weekly wage is less

than $100 a week, the weekly benefit for that employee is the

employee's full wage.

(c) The maximum weekly benefit may not exceed 90 percent of

the average weekly benefit for the state, as annually calculated by

the commission.

(d) 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).

Sec. 85.154. 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 E. EMPLOYER VIOLATIONS

Sec. 85.201. RETALIATION PROHIBITED. An employer commits

an unlawful employment practice if the employer makes an adverse

employment decision as a result of the employee requesting or using

leave under this chapter.

SUBCHAPTER F. COMMISSION DUTIES

Sec. 85.251. RULES. The commission shall adopt rules to

implement this chapter.

Sec. 85.252. REPORT BY COMMISSION. Not later than

September 1 of each even-numbered year, the commission shall submit

a report to the legislature on:

(1) the effectiveness of the program under this

chapter;

(2) any recommended changes to the program;

(3) projected and actual program participation by

purpose, gender of person receiving benefits, rates of

contributions, and other information useful for research purposes;

(4) fund balances and projections; and

(5) outreach efforts undertaken.

SECTION 2. This Act takes effect January 1, 2026.