By: Talarico H.B. No. 79
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to employment leave for victims of domestic violence,
  sexual assault, and stalking.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 2, Labor Code, is amended by
  adding Chapter 25 to read as follows:
  CHAPTER 25: EMPLOYMENT LEAVE FOR VICTIMS OF DOMESTIC VIOLENCE,
  SEXUAL ASSAULT, AND STALKING.
         Sec. 25.001.  GENERAL PROVISIONS. (a) An employer shall not
  discharge or in any manner discriminate against an employee for
  taking time off to serve as required by law on an inquest jury or
  trial jury, if the employee, prior to taking the time off, gives
  reasonable notice to the employer that the employee is required to
  serve.
         (b)  An employer shall not discharge or in any manner
  discriminate or retaliate against an employee, including, but not
  limited to, an employee who is a victim of a crime, for taking time
  off to appear in court to comply with a subpoena or other court
  order as a witness in any judicial proceeding. 
         (c)  An employer shall not discharge or in any manner
  discriminate or retaliate against an employee who is a victim for
  taking time off from work to obtain or attempt to obtain any relief.  
  Relief includes, but is not limited to, a temporary restraining
  order, restraining order, or other injunctive relief, to help
  ensure the health, safety, or welfare of the victim or their child.
         (d)(1)  As a condition of taking time off for a purpose set
  forth in subdivision (c), the employee shall give the employer
  reasonable advance notice of the employee's intention to take time
  off, unless the advance notice is not feasible.
               (2)  When an unscheduled absence occurs, the employer
  shall not take any action against the employee if the employee,
  within a reasonable time after the absence, provides a
  certification to the employer. Certification shall be sufficient
  in the form of any of the following:
                     (a)  A police report indicating that the employee
  was a victim.
                     (b)  A court order protecting or separating the
  employee from the perpetrator of the crime or abuse, or other
  evidence from the court or prosecuting attorney that the employee
  has appeared in court.
                     (c)  Documentation from a licensed medical
  professional, domestic violence counselor, a sexual assault
  counselor, victim advocate, licensed health care provider, or
  counselor that the employee was undergoing treatment or receiving
  services for physical or mental injuries or abuse resulting in
  victimization from the crime or abuse.
                     (d)  Any other form of documentation that
  reasonably verifies that the crime or abuse occurred, including but
  not limited to, a written statement signed by the employee, or an
  individual acting on the employee's behalf, certifying that the
  absence is for a purpose authorized under this section. 
               (3)  To the extent allowed by law the employer shall
  maintain the confidentiality of any employee requesting leave. 
         (e)  An employer shall not discharge or in any manner
  discriminate or retaliate against an employee because of the
  employee's status as a victim of crime or abuse, if the employee
  provides notice to the employer of the status or the employer has
  actual knowledge of the status. 
         (f)(1)  An employer shall provide reasonable accommodations
  for a victim of domestic violence, sexual assault, or stalking, who
  requests an accommodation for the safety of the victim while at
  work.
               (2)  For purposes of this subdivision, reasonable
  accommodations may include the implementation of safety measures,
  including a transfer, reassignment, modified schedule, changed
  work telephone, changed work station, installed lock, assistance in
  documenting domestic violence, sexual assault, stalking, or other
  crime that occurs in the workplace, an implemented safety
  procedure, or another adjustment to a job structure, workplace
  facility, or work requirement in response to domestic violence,
  sexual assault, stalking, or other crime, or referral to a victim
  assistance organization.
               (3)  An employer is not required to provide a
  reasonable accommodation to an employee who has not disclosed the
  employee's status as a victim of domestic violence, sexual assault,
  or stalking.
               (4)  The employer shall engage in a timely, good faith,
  and interactive process with the employee to determine effective
  reasonable accommodations.
               (5)  In determining whether the accommodation is
  reasonable, the employer shall consider an exigent circumstance or
  danger facing the employee.
         SECTION 2:  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2023.