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Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 86(R)

House Bill 2348

House Author:  King, Tracy O. et al.

Effective:  Vetoed

Senate Sponsor:  Perry et al.


            House Bill 2348 amends the Labor Code to prohibit an employer from terminating or suspending the employment of or discriminating against an employee who is absent from or late to work because the employee is responding to a declared disaster as a volunteer emergency responder. Among other provisions, the bill entitles an employee who is suspended or terminated in violation of the prohibition to reinstatement to the employee's former position or a comparable position, certain compensation for lost wages, and reinstatement of fringe benefits and seniority rights. The bill authorizes an employee to bring a civil action against an employer who violates the bill's provisions.

Governor's Reason for Veto: "First responders play a vital role in disaster recovery, so I appreciate the good intentions of the author. But this does not mean we need to create a new civil cause of action so that employees who volunteer in disasters can sue their employers. House Bill 2348 would open the door to such lawsuits against both public and private employers. Employers have every incentive to accommodate their brave employees who serve as first responders, but they deserve the flexibility to develop their own leave policies for their employees, instead of having the State dictate the terms."