HB822 - Relating to requiring certain employers to provide paid sick leave to employees; providing administrative and civil penalties.

  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. &#xA0 [Text truncated for display. Full text available on Congress.gov.]