Zaffirini Bill Gives Family Violence Victims 15 Days Off Work

The text as introduced · 1,298 words

90R1313 DNC-D

By: Zaffirini
S.B. No. 48

A BILL TO BE ENTITLED

AN ACT

relating to the right of an employee to time off from work if the

employee or employee's dependent is a victim of family violence.

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. EMPLOYEE RIGHT TO TIME OFF FOLLOWING VIOLENCE AGAINST

EMPLOYEE OR EMPLOYEE'S DEPENDENT

Sec. 83.001. DEFINITIONS. In this chapter:

(1) "Dependent" has the meaning assigned by Section

1501.002, Insurance Code.

(2) "Employee" and "employer" have the meanings

assigned by Section 21.002.

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

Section 71.004, Family Code.

Sec. 83.002. APPLICATION. This chapter applies only to an

employee:

(1) who is a victim of family violence; or

(2) whose dependent is a victim of family violence.

Sec. 83.003. RIGHT TO TIME OFF; LIMITATIONS. (a) Except as

otherwise provided by this section, an employee to whom this

chapter applies is entitled to time off as provided by this section

to:

(1) seek medical attention for, or ensure recovery

from, physical or psychological injuries suffered by the employee

or employee's dependent as a result of family violence; or

(2) seek legal assistance or remedies to ensure the

health and safety of the employee or employee's dependent,

including preparing for or participating in any civil or criminal

legal or investigative proceeding relating to the occurrence of

family violence.

(b) Before taking time off under this section, an employee

must provide the employer with at least 24 hours advance written

notice of the planned absence of the employee, unless providing

advance notice is not feasible.

(c) An employer may require an employee who is taking time

off under this chapter to report periodically to the employer on the

status and intention of the employee to return to work.

(d) An employee is entitled under this section to not more

than 15 work days of leave in any 12-month period.

Sec. 83.004. CERTIFICATION. (a) An employer may require an

employee to provide, within a reasonable time after the employee's

initial absence from work, certification to the employer that the

time off from work requested by the employee is being used by the

employee to engage in an activity described by Section 83.003(a).

(b) An employee may satisfy the requirements of Subsection

(a) by providing to the employer:

(1) a copy of documentation of proof of family

violence against the employee or employee's dependent from:

(A) an advocate, as defined by Section 93.001,

Family Code, who assisted the victim;

(B) a licensed health care services provider who

examined the victim; or

(C) a licensed mental health services provider

who examined or evaluated the victim.

(2) a copy of one or more of the following orders

protecting the employee or employee's dependent from family

violence:

(A) a temporary injunction issued under

Subchapter F, Chapter 6, Family Code;

(B) a temporary ex parte order issued under

Chapter 83, Family Code;

(C) a protective order issued under Chapter 85,

Family Code;

(D) a magistrate's order for emergency

protection issued under Article 17.292, Code of Criminal Procedure;

or

(E) a protective order issued under Subchapter A,

Chapter 7B, Code of Criminal Procedure; or

(3) a statement or other written documentation from

the victim services division of the Texas Department of Criminal

Justice, the victim assistance coordinator of the attorney

representing the state, or the crime victim liaison of a local law

enforcement agency.

Sec. 83.005. USE OF LEAVE TIME. An employee who has

existing vacation leave time, personal leave time, sick leave time,

or compensatory leave time may use that leave time for a planned

absence authorized by this chapter.

Sec. 83.006. EFFECT ON EMPLOYEE PAY AND BENEFITS. (a) An

employer is not required to compensate an employee during a planned

absence authorized by this chapter unless the employee is using

leave time under Section 83.005.

(b) An employer shall maintain any health coverage provided

by the employer to the employee or a member of the employee's family

or household under any group health plan for the duration of the

employee's absence under this chapter.

(c) The employer may recover the premium that the employer

paid for maintaining health coverage under Subsection (b) if the

employee fails to return to work after the period of time off to

which the employee is entitled under this chapter has expired for a

reason other than the continuation, recurrence, or onset of family

violence.

(d) An employer may require an employee who claims the

employee is unable to return to work because of the continuation,

recurrence, or onset of family violence to provide, within a

reasonable time after making the claim, certification to the

employer that the employee is unable to return to work because of

that reason. An employee may satisfy the certification requirement

by providing to the employer a sworn statement by the employee and

the documentation described by Section 83.004(b).

Sec. 83.007. CONFIDENTIALITY. An employer shall maintain

the confidentiality of the fact that an employee has requested or

obtained time off under this chapter and any written document or

record submitted to the employer by the employee relating to a

request for time off under this chapter, except to the extent that

disclosure is:

(1) requested or consented to in writing by the

employee; or

(2) required by other state or federal law.

Sec. 83.008. ENTITLEMENT ON RETURN TO WORK. (a) On

returning from time off under this chapter, an employee is entitled

to:

(1) reinstatement to the employee's former position or

a position that is comparable in terms of compensation, benefits,

and other conditions of employment; and

(2) any benefits accrued by the employee before the

employee's time off under this chapter.

(b) This section does not entitle the employee to:

(1) any seniority or employment benefit that would

have accrued during the employee's time off under this section; or

(2) any other right, benefit, or position of

employment other than a right, benefit, or position the employee

accrued before the employee took the time off under this chapter.

Sec. 83.009. EMPLOYER RETALIATION PROHIBITED. (a) An

employer may not suspend or terminate the employment of, or

otherwise discriminate against, an employee who takes time off

authorized by this chapter if the employee has provided written

notice or certification as required by this chapter.

(b) An employee whose employment is suspended or terminated

in violation of this chapter is entitled to:

(1) reinstatement to the employee's former position or

a position that is comparable in terms of compensation, benefits,

and other conditions of employment;

(2) compensation for wages lost during the period of

suspension or termination; and

(3) reinstatement of any fringe benefits and seniority

rights lost because of the suspension or termination.

Sec. 83.010. NOTICE TO EMPLOYEES. (a) Each employer shall

inform its employees of their rights under this chapter by posting a

conspicuous sign in a prominent location in the employer's

workplace.

(b) The Texas Workforce Commission by rule shall prescribe

the design and content of the sign required by this section.

SECTION 2. This Act applies only to a suspension,

termination, or other adverse employment action that is taken by an

employer against an employee because of an employee absence

authorized under Chapter 83, Labor Code, as added by this Act, that

occurs on or after the effective date of this Act. A suspension,

termination, or other adverse employment action that is taken by an

employer against an employee before the effective date of this Act

is governed by the law in effect on the date that the employment

action is taken, and the former law is continued in effect for that

purpose.

SECTION 3. This Act takes effect September 1, 2027.