Reynolds bill requiring paid sick leave

The text as introduced · 2,858 words

89R4605 DNC-F

By: Reynolds
H.B. No. 822

A BILL TO BE ENTITLED

AN ACT

relating to requiring certain employers to provide paid sick leave

to employees; providing administrative and civil penalties.

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. EARNED PAID SICK LEAVE

Sec. 83.001. DEFINITIONS. In this chapter:

(1) "Commission" means the Texas Workforce

Commission.

(2) "Employee" means an individual employed by an

employer.

(3) "Employer" means a person who is engaged in an

industry affecting commerce and who employs one or more employees.

(4) "Family member" means:

(A) the employee's spouse;

(B) the employee's natural child, adopted child,

stepchild, foster child, or legal ward;

(C) a child to whom the employee stands in loco

parentis;

(D) an individual to whom the employee stood in

loco parentis when the individual was a child;

(E) the employee's parent, foster parent,

stepparent, adoptive parent, or legal guardian or conservator;

(F) a parent, foster parent, stepparent,

adoptive parent, or legal guardian or conservator of the employee's

spouse;

(G) the employee's grandparent or

step-grandparent;

(H) the grandparent or step-grandparent of the

employee's spouse;

(I) the employee's brother or sister of the whole

or half blood or by adoption;

(J) a brother or sister of the whole or half blood

or by adoption of the employee's spouse;

(K) the employee's stepbrother or stepsister;

(L) a stepbrother or stepsister of the employee's

spouse;

(M) the employee's foster brother or sister;

(N) a foster brother or sister of the employee's

spouse;

(O) the employee's grandchild or

step-grandchild;

(P) a grandchild or step-grandchild of the

employee's spouse;

(Q) an individual for whom the employee is

responsible for providing or arranging care; or

(R) an individual related to the employee by

consanguinity or affinity who lives in the employee's household.

(5) "Family violence" has the meaning assigned by

Section 71.004, Family Code.

(6) "Harassment" means any conduct that constitutes an

offense under Section 42.07, Penal Code.

(7) "Health care professional" means an individual who

is licensed, certified, or otherwise authorized to administer

health care in this state.

(8) "Household" has the meaning assigned by Section

71.005, Family Code.

(9) "Sexual abuse" means any conduct that constitutes

an offense under Section 21.02, 21.11, or 25.02, Penal Code.

(10) "Sexual assault" means any conduct that

constitutes an offense under Section 22.011 or 22.021, Penal Code.

(11) "Stalking" means any conduct that constitutes an

offense under Section 42.072, Penal Code.

Sec. 83.002. APPLICABILITY OF CHAPTER. This chapter does

not apply to:

(1) an employee who is entitled to unemployment

benefits or allowances under the Railroad Unemployment Insurance

Act (45 U.S.C. Section 351 et seq.); or

(2) an employer who is an agency of the federal

government.

Sec. 83.003. PAID SICK LEAVE REQUIRED. Each employer shall

provide paid sick leave annually to each employee in this state

under the terms of this chapter.

Sec. 83.004. PAID SICK LEAVE ACCRUAL AND CARRYOVER. (a)

Paid sick leave under this chapter accrues beginning on the date of

hire at a rate of one hour of paid sick leave for each 30 hours

worked by an employee.

(b) Each employee is entitled to carry over unused paid sick

leave from the current calendar year to the following calendar year

unless the employer elects to pay an employee for unused sick leave

at the end of the calendar year and make paid sick leave available

at the beginning of the next calendar year as provided by Section

83.005(b).

(c) Sick leave hours carried over from a previous calendar

year must be immediately available to the employee in the following

calendar year.

Sec. 83.005. ENTITLEMENT TO USE PAID SICK LEAVE;

LIMITATIONS. (a) An employee is entitled to use accrued paid sick

leave under this chapter 60 calendar days after the date of hire,

unless the employer agrees to an earlier date.

(b) An employer may make immediately available to an

employee at the beginning of a year, quarter, or other period the

entire amount of paid sick leave that the employee is expected to

accrue during the year, quarter, or other period.

(c) At the employer's discretion, an employer may loan paid

sick leave time to an employee in advance of accrual by the

employee.

(d) Unless an employee policy or collective bargaining

agreement provides for the payment of accrued fringe benefits on

termination, an employee is not entitled to payment of unused

accrued paid sick leave under this chapter on termination of

employment.

Sec. 83.006. EMPLOYER COMPLIANCE. An employer is

considered to be in compliance with this chapter if the employer

offers one or more other types of paid leave that:

(1) may be used for the purposes described by this

chapter; and

(2) accrues at a rate equal to or greater than the rate

described by Section 83.004.

Sec. 83.007. PAY RATE FOR SICK LEAVE. (a) Each employer

shall pay each employee for paid sick leave time taken at a pay rate

equal to the normal hourly wage for that employee.

(b) For purposes of Subsection (a) and Section 83.004, an

employee who is exempt from the overtime requirements under Section

13(a)(1), Fair Labor Standards Act of 1938 (29 U.S.C. Section

213(a)(1)), is presumed to work 40 hours each week unless the

employee's regular workweek is less than 40 hours.

Sec. 83.008. USE OF PAID SICK LEAVE. (a) An employee may

use paid sick leave accrued under this chapter for:

(1) the employee's mental or physical illness, injury,

or health condition;

(2) the medical diagnosis, care, or treatment of the

employee's mental or physical illness, injury, or health condition;

(3) preventative medical care for the employee;

(4) the employee's family member's mental or physical

illness, injury, or health condition;

(5) the medical diagnosis, care, or treatment of the

employee's family member's mental or physical illness, injury, or

health condition; or

(6) preventative medical care for the employee's

family member.

(b) An employee who is or whose family member is a victim of

family violence, sexual assault, sexual abuse, stalking, or

harassment may use paid sick leave accrued under this chapter:

(1) for medical care or psychological or other

counseling for physical or psychological injury or disability;

(2) to obtain services from a victim services

organization;

(3) to relocate due to the family violence, sexual

assault, sexual abuse, stalking, or harassment; or

(4) to participate in a legal proceeding or

court-ordered requirement relating to the family violence, sexual

assault, sexual abuse, stalking, or harassment.

(c) An employee may use paid sick leave to attend a meeting

at a child family member's school.

(d) An employee may use paid sick leave while the employee's

place of business or the school or child-care facility of the

employee's child family member is closed due to a public health

emergency.

(e) An employee may not use paid sick leave in increments of

less than one hour.

(f) An employer may not require an employee to find another

employee to work during the time the employee intends to use paid

sick leave as a condition of using paid sick leave.

Sec. 83.009. NOTICE TO EMPLOYER. (a) If an employee's need

to use paid sick leave under this chapter is foreseeable, an

employer may require advance notice of the intention to use paid

sick leave.

(b) If an employee's need for paid sick leave is not

foreseeable, an employer may require the employee to give notice of

the employee's intention to use paid sick leave under this chapter

as soon as practicable.

Sec. 83.010. EMPLOYER RECORDS. An employer shall retain

records that document the amount of paid sick leave accrued and

taken by each employee. The records must be maintained for at least

three years.

Sec. 83.011. DOCUMENTATION. (a) For paid sick leave of

three or more consecutive days, an employer may require reasonable

documentation that the leave is being taken for a purpose permitted

under this chapter.

(b) If paid sick leave is taken for a reason described by

Section 83.008(a), documentation signed by a health care

professional who is treating the employee or the employee's family

member indicating the need for the number of days of the leave is

considered to be reasonable documentation. An employer may not

require that the documentation explain the nature of the illness,

injury, or health condition.

(c) If paid sick leave is taken for a reason described by

Section 83.008(b), reasonable documentation includes:

(1) a copy of a court document;

(2) an incident report or other record maintained by a

law enforcement agency or official; or

(3) documentation from a victim's assistance counselor

from a state or local agency or other entity.

(d) An employer may not require the documentation under

Subsection (c) to include details of the family violence, sexual

assault, sexual abuse, stalking, or harassment, including any

references to specific acts.

(e) Documentation and information provided to an employer

is confidential.

(f) If an employer requires documentation under this

section, the employer is responsible for the cost of obtaining

copies of that documentation.

Sec. 83.012. NOTICE TO EMPLOYEES. (a) Each employer

subject to this chapter shall, at the time of hiring, provide notice

in both English and Spanish to each employee:

(1) of the employee's entitlement to paid sick leave,

the amount of paid sick leave provided to employees, and the terms

under which leave may be used under this chapter;

(2) that retaliation by the employer against the

employee for requesting or using paid sick leave to which the

employee is entitled is prohibited; and

(3) that the employee has a right to file a complaint

with the commission or bring a civil action for damages for any

violation of this chapter.

(b) An employer may comply with this section by displaying a

poster in a conspicuous place, accessible to employees, at the

employer's place of business that contains in both English and

Spanish the information required by this section.

(c) The notice under this section must also be provided in a

language other than English or Spanish if that language is the first

language spoken by at least 30 percent of the employer's workforce.

(d) The commission by rule shall prescribe the form and

content of the notice required under this section.

(e) The commission may adopt rules to establish additional

requirements concerning the means by which employers provide notice

required under this section.

Sec. 83.013. BREAK IN SERVICE. (a) Termination of an

employee's employment by an employer, regardless of whether

voluntary or involuntary, is considered a break in service for

purposes of this chapter.

(b) An employee who is subsequently rehired by the employer

following a break in service:

(1) begins to accrue paid sick leave under this

chapter; and

(2) is not entitled to any unused hours of paid sick

leave that had accrued before the employee's break in service,

unless the employee is rehired within 30 days of separation or the

employer agrees to reinstate some or all of the employee's

previously accrued paid sick leave.

Sec. 83.014. TRANSFER OF EMPLOYEE. (a) The transfer of an

employee to a separate division, entity, or location of the same

employer is not considered to be a break in service for purposes of

this chapter.

(b) Following a transfer described by Subsection (a), the

transferred employee is entitled to:

(1) retain all accrued paid sick leave under this

chapter; and

(2) immediately access the retained paid sick leave

time without any waiting period, except that the employee remains

subject to any remaining period of the initial waiting period

described by Section 83.005(a), if applicable.

Sec. 83.015. SUCCESSOR EMPLOYER. If an employer succeeds

or takes the place of an existing employer, employees of the former

employer who are employed by the successor are entitled to:

(1) retain all accrued paid sick leave under this

chapter; and

(2) immediately access the retained paid sick leave

time without any waiting period.

Sec. 83.016. LIMITATIONS OF CHAPTER. This chapter does

not:

(1) prevent an employer from providing more paid sick

leave than is required under this chapter;

(2) prohibit an employer that provides paid leave in

addition to the paid sick leave required under this chapter from

restricting the purposes for which an employee may take that

additional leave; or

(3) diminish any rights provided to any employee under

a collective bargaining agreement.

Sec. 83.017. COLLECTIVE BARGAINING AGREEMENT. A collective

bargaining agreement may waive the requirements of this chapter by

clear and unambiguous language within the agreement.

Sec. 83.018. RETALIATION PROHIBITED. An employer may not

take retaliatory personnel action or otherwise discriminate

against an employee because the employee:

(1) requests or uses paid sick leave in accordance

with this chapter; or

(2) files a complaint with the commission alleging the

employer's violation of this chapter.

Sec. 83.019. COMPLAINT; HEARING; PENALTY. (a) Any

employee aggrieved by a violation of this chapter may file a claim

with the commission in the manner prescribed by Subchapter D,

Chapter 61.

(b) On receipt of a complaint, the commission shall

investigate and dispose of the complaint in the same manner as a

wage claim under Subchapter D, Chapter 61.

(c) An employer who is found by the commission, by a

preponderance of the evidence, to have violated a provision under

this chapter is liable to the commission for an administrative

penalty.

(d) The commission may award the employee all appropriate

relief, including payment for used paid sick leave, rehiring or

reinstatement to the employee's previous job, payment of back

wages, and reestablishment of employee benefits for which the

employee otherwise would have been eligible if the employee had not

been subject to retaliatory personnel action or other

discrimination.

(e) A party may appeal a final decision of the commission by

filing suit in district court.

Sec. 83.020. CIVIL PENALTY. An employer who wilfully

violates this chapter is liable for a civil penalty not to exceed

$100 for each violation. The attorney general may bring an action

to collect a civil penalty under this chapter. Civil penalties

assessed under this section shall be deposited in the general

revenue fund.

Sec. 83.021. CIVIL ACTION BY EMPLOYEE. (a) An employee

aggrieved by a violation of this chapter may bring a civil action to

enforce rights protected by this chapter, including an action for

appropriate injunctive relief, in the district court in the county

in which the alleged violation occurred or in which the alleged

violator's residence or principal place of business is located.

(b) An action under this section must be brought not later

than the second anniversary of the date of the violation.

(c) The employer of an employee who prevails in a civil

action under this section is liable to the affected employee for

damages equal to the amount of any wages, salary, employment

benefits, or other compensation denied or lost to the employee by

reason of the violation or, if wages, salary, employment benefits,

or other compensation has not been denied or lost, any actual

monetary losses sustained by the employee as a direct result of the

violation.

(d) An employer described by Subsection (c) is also liable

for equitable relief as appropriate, including reinstatement and

promotion.

(e) In addition to any judgment awarded to an employee, the

court may require the employer to pay reasonable attorney's fees,

reasonable expert witness fees, and other costs.

Sec. 83.022. INFORMATION FROM AND OUTREACH BY COMMISSION.

(a) The commission shall make available to the public on the

commission's Internet website information regarding:

(1) the requirements of and the rights and remedies

under this chapter; and

(2) best practices for employers with respect to paid

sick leave.

(b) The commission shall develop a pamphlet containing the

information provided under Subsection (a) and make the pamphlet

available at no cost for distribution at child-care facilities,

health care facilities, family violence shelters, and other

community centers.

(c) The commission shall make the information under

Subsections (a) and (b) available in both English and Spanish.

(d) The commission shall conduct additional public outreach

efforts to inform employees and the public about this chapter.

SECTION 2. (a) The change in law made by this Act applies to

an employee hired on or after January 1, 2026. For an employee

hired before January 1, 2026, paid sick leave under Chapter 83,

Labor Code, as added by this Act, begins to accrue on that date, and

the employee may begin to use the paid sick leave 90 calendar days

after that date, unless the employer agrees to an earlier date.

(b) Chapter 83, Labor Code, as added by this Act, does not

preempt or override the terms of any collective bargaining

agreement effective before January 1, 2026.

SECTION 3. Not later than December 1, 2025, the Texas

Workforce Commission shall:

(1) prescribe the form and content of the notice

required by Section 83.012(a), Labor Code, as added by this Act;

(2) post on the commission's Internet website the

information required by Section 83.022(a), Labor Code, as added by

this Act; and

(3) adopt rules necessary to implement Chapter 83,

Labor Code, as added by this Act.

SECTION 4. This Act takes effect September 1, 2025.