HB1351 - Relating to employment leave for certain family or medical obligations.

  89R4771 DNC-D     By: Meza H.B. No. 1351       A BILL TO BE ENTITLED   AN ACT   relating to employment leave for certain family or medical   obligations.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subtitle D, Title 2, Labor Code, is amended by   adding Chapter 84 to read as follows:   CHAPTER 84. EMPLOYEE LEAVE FOR FAMILY OR MEDICAL OBLIGATIONS   SUBCHAPTER A. GENERAL PROVISIONS           Sec. 84.001.  DEFINITIONS. In this chapter:                 (1)     "Child" means a biological child, adopted or   foster child, stepchild, legal ward, or child of a person standing   in loco parentis who is:                       (A)  under 18 years of age; or                       (B)     18 years of age or older and incapable of   self-care because of a physical or mental disability or serious   health condition.                 (2)     "Commission" means the Texas Workforce   Commission.                 (3)     "Employee" means an individual who performs   services for an employer for compensation under an oral or written   contract of hire, whether express or implied. The term does not   include an independent contractor.                 (4)     "Employer" means a person who employs employees.   The term includes a public employer.                 (5)     "Employment benefits" means all benefits provided   by or made available to an employee by an employer. The term   includes group life insurance, health insurance, disability   insurance, sick leave, annual leave, educational benefits, and   pensions whether the benefits are provided by a practice or written   policy of an employer or through an employee benefit plan.                 (6)     "Family violence" has the meaning assigned by   Section 71.004, Family Code.                 (7)     "Grandchild" means the child of a child of an   employee.                 (8)     "Grandparent" means the parent of a parent of an   employee.                 (9)     "Grandparent-in-law" means the parent of a parent   of an employee's spouse.                 (10)  "Health care provider" means:                       (A)     a licensed individual who provides or renders   health care; or                       (B)     an unlicensed individual who provides or   renders health care under the direction or supervision of a   physician.                 (11)  "Parent" means:                       (A)  the biological parent of an employee; or                       (B)     an individual who stood in loco parentis to   an employee when the employee was a child.                 (12)     "Parent-in-law" means the parent of an employee's   spouse.                 (13)     "Serious health condition" means an illness,   injury, impairment, or physical or mental condition that requires   inpatient care in a hospital, hospice, or residential medical care   facility or continuing treatment by a health care provider. The   term includes a serious disease such as cancer or acquired immune   deficiency syndrome.                 (14)     "Sexual abuse" means any conduct that constitutes   an offense under Section 21.02 or 21.11, Penal Code.                 (15)     "Sexual assault" means any conduct that   constitutes an offense under Section 22.011 or 22.021, Penal Code.                 (16)     "Sibling" means the brother or sister of an   employee or an employee's spouse.                 (17)     "Stalking" means any conduct that constitutes an   offense under Section 42.072, Penal Code.                 (18)     "Trafficking" means any conduct that constitutes   an offense under Section 20A.02, Penal Code.           Sec.   84.002.     RULES. The commission shall adopt rules as   necessary to administer this chapter.   SUBCHAPTER B. FAMILY AND MEDICAL LEAVE           Sec.   84.051.     FAMILY AND MEDICAL LEAVE. (a) An employee who   has been employed by an employer for at least one year is entitled   to not less than 30 days of leave:                 (1)     to attend to the employee's own serious health   condition;                 (2)     to care for the following individuals with a   serious health condition:                       (A)  the employee's child;                       (B)  the employee's grandchild;                       (C)  the employee's spouse;                       (D)  the employee's sibling;                       (E)  the employee's parent or parent-in-law; or                       (F)     the employee's grandparent or   grandparent-in-law;                 (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; or                 (4)     to attend to the following, if the employee or   employee's family member described by Subdivision (2) is a victim   of family violence, sexual assault, sexual abuse, stalking, or   trafficking:                       (A)     the receipt of medical care or psychological   or other counseling for physical or psychological injury or   disability;                       (B)     the receipt of services from a victim   services organization;                       (C)     relocation due to the family violence, sexual   assault, sexual abuse, stalking, or trafficking; or                       (D)     participation in any civil or criminal   proceeding related to or resulting from the family violence, sexual   assault, sexual abuse, stalking, or trafficking.           (b)     For purposes of Subsection (a)(2), care provided by an   employee includes physical care, emotional support, visitation,   assistance in treatment, transportation, arranging for a change in   care, assistance with essential daily living matters, and personal   attendant services.           (c)     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.           (d)     If the employer provides paid sick leave, or other   accrued paid leave, the employee described by Subsection (a) is   entitled to use paid leave for a purpose authorized under this   chapter in an amount not to exceed the lesser of:                 (1)     the amount of paid leave the employee has accrued;   or                 (2)  30 days.           (e)     If the employer does not provide paid leave for the   employee, or provides paid leave that may not be used for the   purposes described by this section, the employee is entitled to   wage replacement benefits under Subchapter C for leave taken for a   purpose authorized under this chapter.           Sec.   84.052.     INSTITUTION OF PAID LEAVE PROGRAM NOT   REQUIRED. This subchapter does not require an employer who does not   provide paid sick leave or other paid medical leave to institute a   program of paid leave.           Sec.   84.053.     FORESEEABILITY OF LEAVE; NOTICE TO EMPLOYER.   (a) If the necessity for leave under Section 84.051(a) is   reasonably foreseeable, the affected employee shall provide notice   to the employer.           (b)     If the necessity for leave under Section 84.051(a)(1) or   (2) is foreseeable because of planned medical treatment, the   employee shall make a reasonable effort to schedule the treatment   to avoid disrupting the operations of the employer, subject to the   approval of the applicable health care provider.           Sec.   84.054.     DOCUMENTATION. (a) An employer may require   that an employee requesting leave under this chapter provide   documentation for the reason the leave was taken and the amount of   leave taken.           (b)     The commission shall adopt rules regarding the forms of   documentation an employer may require under this section.           Sec.   84.055.     AMOUNT OF PAID LEAVE. (a) An employee who is   eligible for leave under this chapter and whose employer provides   paid leave is entitled to an amount paid by the employer equal to   the average amount the employee would have been paid if the employee   had worked during that pay period.           (b)     If the employee takes less than a full pay period of   leave under this chapter, the employer shall prorate the amount of   pay for each day of leave the employee takes.           Sec.   84.056.     EMPLOYMENT AND BENEFITS PROTECTION;   EXCEPTION. (a) An employee who takes leave under this chapter is   entitled, on return from the leave, to reinstatement in the former   position of employment or an equivalent position of employment with   equivalent employment benefits, pay, and other terms of employment.           (b)     Leave taken under Section 84.051 may not result in the   loss of any employment benefit accrued before the date on which the   leave began.           (c)     This section does not entitle an employee who is   reinstated in employment to:                 (1)     the accrual of seniority or other employment   benefits during any period of leave; or                 (2)     any right, benefit, or position of employment   other than any right, benefit, or position to which the employee   would have been entitled had the employee not taken the leave.           (d)     This section does not prohibit an employer from   requiring an employee on l [Text truncated for display. Full text available on Congress.gov.]