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A BILL TO BE ENTITLED
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AN ACT
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relating to family and medical leave. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 2, Labor Code, is amended by |
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adding Chapter 85 to read as follows: |
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CHAPTER 85. TEXAS FAMILY AND MEDICAL LEAVE |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 85.001. DEFINITIONS. In this chapter: |
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(1) "Benefit" means the money paid under this chapter |
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to an individual for family or medical leave. |
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(2) "Commission" means the Texas Workforce |
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Commission. |
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(3) "Contribution" means a payment by an employer |
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under this chapter to the fund. |
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(4) "Employer" means a person who employs one or more |
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employees. |
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(5) "Fund" means the family and medical leave fund |
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created under this chapter. |
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SUBCHAPTER B. FINANCING AND FUNDS |
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Sec. 85.051. DUTIES OF COMPTROLLER. The comptroller is |
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treasurer and custodian of the fund and shall administer the fund in |
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accordance with the directions of the commission. |
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Sec. 85.052. DEPOSIT AND USE OF MONEY. All money paid to |
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the commission under this chapter: |
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(1) shall be deposited in the fund; and |
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(2) may be used only for the administration of this |
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chapter. |
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Sec. 85.053. FAMILY AND MEDICAL LEAVE FUND. (a) The family |
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and medical leave fund is a special fund. |
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(b) The fund consists of: |
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(1) contributions collected under this chapter; |
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(2) interest earned on money in the fund; |
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(3) property or securities acquired through the use of |
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money in the fund; |
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(4) earnings of property or securities described by |
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Subdivision (3); |
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(5) amounts recovered for losses sustained by the |
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fund; and |
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(6) other money received for the fund from any other |
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source. |
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Sec. 85.054. USE OF FUND. The commission shall direct the |
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administration of the fund exclusively for the purposes of this |
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chapter. |
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SUBCHAPTER C. EMPLOYER CONTRIBUTIONS |
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Sec. 85.101. CONTRIBUTION REQUIRED. (a) An employer shall |
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pay a contribution on wages paid by that employer. |
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(b) The contribution shall be paid to the commission in |
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accordance with rules adopted by the commission. |
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Sec. 85.102. CONTRIBUTION DEDUCTED FROM WAGES. An employer |
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may deduct all or a portion of the cost of contributions from |
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employee wages. |
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Sec. 85.103. ESTABLISHMENT OF CONTRIBUTION RATE. For each |
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calendar year, the commission shall establish a contribution rate |
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for all employers in this state. |
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SUBCHAPTER D. BENEFITS; CLAIMS |
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Sec. 85.151. FAMILY AND MEDICAL LEAVE. (a) An employee is |
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entitled to not less than 12 weeks of leave: |
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(1) to attend to the employee's own serious health |
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condition; |
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(2) to care for a family member with a serious health |
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condition; or |
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(3) to spend time with a child due to: |
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(A) the birth of the employee's child; or |
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(B) the placement of a child with the employee in |
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connection with the adoption or foster care of the child by the |
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employee. |
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(b) Eligibility for leave under Subsection (a)(3) expires |
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on the first anniversary of the date of the child's birth or |
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placement with the employee, as applicable. |
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(c) Leave may be taken intermittently. The minimum claim |
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duration payment is for eight consecutive hours of leave. |
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Sec. 85.152. FORESEEABILITY OF LEAVE; NOTICE TO EMPLOYER. |
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If the necessity for leave under Section 85.151(a) is reasonably |
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foreseeable, the affected employee shall provide notice to the |
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employer. |
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Sec. 85.153. AMOUNT OF BENEFITS. (a) Except as otherwise |
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provided by this section, an employee who is eligible for benefits |
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under this subchapter shall be paid from the fund an amount equal to |
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67 percent of the average amount the employee would have been paid |
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if the employee had worked during that pay period. |
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(b) The minimum weekly benefit may not be less than $100 a |
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week, except that if the employee's average weekly wage is less than |
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$100 a week, the weekly benefit for that employee is the employee's |
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full wage. |
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(c) The maximum weekly benefit may not exceed 90 percent of |
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the average weekly benefit for the state, as annually calculated by |
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the commission. |
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(d) An employee who takes less than a full pay period of |
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leave under this chapter is entitled to a prorated amount of the |
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benefit under Subsection (a). |
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Sec. 85.154. LEAVE CONCURRENT WITH FEDERAL FAMILY LEAVE |
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ACT. An employee who is entitled to leave under the federal Family |
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and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.) must |
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take leave under that law concurrent with any leave taken under this |
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chapter. |
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SUBCHAPTER E. EMPLOYER VIOLATIONS |
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Sec. 85.201. RETALIATION PROHIBITED. An employer commits |
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an unlawful employment practice if the employer makes an adverse |
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employment decision as a result of the employee requesting or using |
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leave under this chapter. |
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SUBCHAPTER F. COMMISSION DUTIES |
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Sec. 85.251. RULES. The commission shall adopt rules to |
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implement this chapter. |
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Sec. 85.252. REPORT BY COMMISSION. Not later than |
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September 1 of each even-numbered year, the commission shall submit |
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a report to the legislature on: |
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(1) the effectiveness of the program under this |
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chapter; |
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(2) any recommended changes to the program; |
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(3) projected and actual program participation by |
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purpose, gender of person receiving benefits, rates of |
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contributions, and other information useful for research purposes; |
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(4) fund balances and projections; and |
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(5) outreach efforts undertaken. |
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SECTION 2. This Act takes effect January 1, 2024. |