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A BILL TO BE ENTITLED
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AN ACT
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relating to an employee's right to time off from work if the |
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employee experiences a reproductive loss. |
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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 83 to read as follows: |
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CHAPTER 83. EMPLOYEE RIGHT TO TIME OFF FOLLOWING REPRODUCTIVE LOSS |
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Sec. 83.001. DEFINITIONS. In this chapter: |
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(1) "Adoption" has the meaning assigned by Section |
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162.402, Family Code. |
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(2) "Assisted reproduction" has the meaning assigned |
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by Section 160.102, Family Code. |
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(3) "Employee" means an individual employed by an |
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employer. |
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(4) "Employer" means a person that employs five or |
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more employees. The term includes a public employer. |
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(5) "Gestational mother" means a woman who gives birth |
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to a child conceived under a surrogacy agreement. |
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(6) "Public employer" has the meaning assigned by |
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Section 619.001, Government Code. |
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(7) "Surrogacy agreement" means a validated |
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gestational agreement under Subchapter I, Chapter 160, Family Code, |
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or a surrogacy agreement entered into under another state's or |
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country's law. |
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Sec. 83.002. APPLICABILITY. (a) This chapter applies only |
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to an employee who: |
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(1) is employed by the employer for at least 30 days; |
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and |
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(2) would have been a parent of a child as a result of: |
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(A) a pregnancy of the employee, the employee's |
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spouse, or a gestational mother; or |
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(B) an adoption. |
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(b) This chapter does not apply to an employer that is an |
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agency of the federal government. |
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Sec. 83.003. RIGHT TO TIME OFF; LIMITATIONS. (a) An |
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employee to whom this chapter applies is entitled to five days of |
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time off during the three-month period following the date the |
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employee experiences a reproductive loss resulting from: |
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(1) a miscarriage or stillbirth; |
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(2) an unsuccessful assisted reproduction procedure, |
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including an unsuccessful round of intrauterine insemination; |
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(3) the dissolution or breach of an adoption agreement |
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with the birth mother or legal guardian or an adoption that is not |
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finalized because the adoption is contested by another person; or |
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(4) the dissolution or breach of a gestational |
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agreement, or a failed embryo transfer to the intended gestational |
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mother under the agreement. |
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(b) An employee shall provide notice to the employer of the |
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employee's intent to take time off under this chapter as soon as it |
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is reasonably practicable. |
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(c) An employee may take time off under this section |
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consecutively or intermittently. |
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(d) An employee who experiences more than one reproductive |
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loss in a 12-month period is entitled under this section to not more |
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than 20 work days of time off during that period. |
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Sec. 83.004. USE OF LEAVE TIME. An employer may not require |
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an employee to substitute accrued paid vacation leave, medical or |
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sick leave, or other leave for time off provided by this chapter. |
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Sec. 83.005. EFFECT ON EMPLOYEE PAY. An employer is not |
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required to compensate an employee who takes time off provided by |
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this chapter. |
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Sec. 83.006. EMPLOYEE CERTIFICATION. (a) Subject to |
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Subsection (b), an employer may require an employee to provide, |
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within a reasonable time after the employee's initial absence from |
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work, certification to the employer that: |
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(1) the employee experienced a reproductive loss |
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described by Section 83.003(a); and |
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(2) the employee's time off from work is related to the |
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loss. |
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(b) An employer may not require that an employee requesting |
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time off under this chapter provide to the employer: |
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(1) the cause or nature of the employee's reproductive |
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loss; or |
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(2) documentation related to the employee's |
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reproductive loss. |
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(c) The Texas Workforce Commission shall create and make |
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available a form that may be used by an employee for certification |
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under this section. An employee is not required to use the form |
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created under this subsection to provide certification. |
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Sec. 83.007. CONFIDENTIALITY. An employer shall maintain |
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the confidentiality of the fact that an employee has requested or |
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taken time off under this chapter and any written document or record |
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submitted to the employer by the employee relating to time off |
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requested or taken under this chapter, except to the extent that |
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disclosure is: |
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(1) requested or consented to in writing by the |
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employee; or |
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(2) required by other state or federal law. |
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Sec. 83.008. NOTICE TO EMPLOYEES. Each employer shall |
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inform its employees of the right to take time off under this |
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chapter by posting a sign in a prominent location in the employer's |
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workplace. |
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Sec. 83.009. EMPLOYER RETALIATION PROHIBITED. An employer |
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may not suspend or terminate the employment of, or otherwise |
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discriminate against, an employee who: |
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(1) requests or takes time off authorized by this |
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chapter; or |
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(2) testifies, assists, or participates in any manner |
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in an investigation, proceeding, or hearing relating to a violation |
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of this chapter. |
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Sec. 83.010. UNLAWFUL EMPLOYMENT PRACTICE. An employer |
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that violates this chapter commits an unlawful employment practice |
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under Subchapter B, Chapter 21. |
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SECTION 2. This Act applies only to a suspension, |
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termination, or other adverse employment action that is taken by an |
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employer against an employee because of an employee absence |
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authorized under Chapter 83, Labor Code, as added by this Act, that |
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occurs based on a reproductive loss occurring on or after the |
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effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2025. |