By: Cuellar, H. H.B. No. 43
73R529 MJW-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to promoting the efficiency and maximizing the resources
1-3 of state employees by granting unpaid maternity and parental leave.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. PURPOSE. (a) The legislature finds that the
1-6 state's employment policies do not adequately accommodate the needs
1-7 of working parents and that the conflict between obligations in the
1-8 home and in the workplace often erode employee motivation,
1-9 concentration, and efficiency. The legislature also finds that
1-10 providing unpaid maternity and parental leave for state employees
1-11 will promote efficiency in state government by reducing conflicts
1-12 between home and work and that maternity and parental leave can be
1-13 provided in a cost-effective manner by the efficient use of
1-14 existing employees.
1-15 (b) The purpose of this Act is to promote the economic
1-16 security and stability of families, to promote efficiency in state
1-17 government, and to encourage the continued service of experienced
1-18 employees by entitling state employees to reasonable leave for the
1-19 birth or adoption of a child or to care for a catastrophically ill
1-20 child.
1-21 SECTION 2. DEFINITIONS. In this Act:
1-22 (1) "Employee" means a person who:
1-23 (A) performs services for compensation for a
1-24 state agency, other than an institution or agency of higher
2-1 education, for at least 12 consecutive months, for at least 40
2-2 hours a week, and not temporarily or intermittently; or
2-3 (B) performs services for compensation for a
2-4 state institution or agency of higher education for at least 12
2-5 consecutive months and for at least 40 hours a week, excluding a
2-6 student for whom student status is a condition of employment.
2-7 (2) "Employment benefits" means all benefits provided
2-8 or made available to employees, including:
2-9 (A) group life insurance;
2-10 (B) health insurance;
2-11 (C) disability insurance;
2-12 (D) sick leave;
2-13 (E) annual leave;
2-14 (F) educational benefits; and
2-15 (G) pensions.
2-16 (3) "Catastrophically ill child" means a child younger
2-17 than 18 years of age whose medical condition requires medical
2-18 treatment that continues for more than one month.
2-19 SECTION 3. MATERNITY AND PARENTAL LEAVE. (a) An employee
2-20 is entitled on request to a maximum of eight weeks of unpaid
2-21 maternity leave on the birth of a child by the employee.
2-22 (b) An employee is entitled to a maximum of eight weeks of
2-23 unpaid parental leave during a one-year period:
2-24 (1) on the placement of a child for adoption or foster
2-25 care with the employee;
2-26 (2) to attend to a catastrophically ill child of the
2-27 employee;
3-1 (3) on the birth of a child of the employee if the
3-2 spouse of the employee has returned to work; or
3-3 (4) on the birth of a child of the employee if the
3-4 spouse of the employee is deceased or suffers from an illness or
3-5 mental incapacity that prevents the spouse from caring for the
3-6 child.
3-7 (c) Maternity or parental leave under this section is in
3-8 addition to annual leave, sick leave, temporary medical leave, or
3-9 other leave or compensatory time available to the employee.
3-10 (d) An employee may use leave under this section immediately
3-11 before, after, or in coordination with annual leave or compensatory
3-12 time available to the employee if the leave does not unduly disrupt
3-13 the operations of the employing agency.
3-14 (e) An employee who plans to take maternity or parental
3-15 leave as provided by this Act must give the employing agency
3-16 reasonable notice of the:
3-17 (1) approximate date the leave will begin; and
3-18 (2) duration of the leave.
3-19 (f) After an employee has notified the employing agency of
3-20 the period of leave desired, an extension of the leave is subject
3-21 to approval by the employing agency. An employing agency is not
3-22 required to extend a leave that would result in disruption of
3-23 operations of the employing agency. If the employee does not
3-24 return after the agreed-on duration of the leave, the employing
3-25 agency is not required to retain or reinstate the employee.
3-26 (g) An employee may shorten the duration of the leave after
3-27 giving the employing agency reasonable notice of the employee's
4-1 intention to shorten the leave.
4-2 (h) This Act does not preclude any other agreement between
4-3 an employee and an employing agency for reduced leave schedules,
4-4 part-time employment, or deferred leave on the birth or adoption of
4-5 a child or to care for a catastrophically ill child.
4-6 (i) If both parents of a child are employees, they may not
4-7 receive leave under this Act at the same time.
4-8 (j) To the greatest extent possible, an employing agency
4-9 shall use other employees to perform the duties of an employee who
4-10 is on leave under this Act without hiring replacement personnel.
4-11 SECTION 4. EMPLOYMENT AND BENEFITS PROTECTION. (a) An
4-12 employee who receives leave under this Act is entitled, on return
4-13 from the leave, to be restored by the employer to the position held
4-14 by the employee when the leave began or to a position with
4-15 equivalent status, benefits, pay, and other terms and conditions of
4-16 employment.
4-17 (b) If the employing agency's circumstances make it
4-18 impossible or unreasonable to restore the employee to the same or
4-19 an equivalent position, the employee must be given an opportunity
4-20 for the next similar position that is available.
4-21 (c) The taking of leave as provided by this Act may not
4-22 result in the loss of an employment benefit that accrued before the
4-23 date on which the leave began.
4-24 (d) This section does not entitle a restored employee to the
4-25 accrual of employment benefits during the period of leave.
4-26 SECTION 5. MAINTENANCE OF INSURANCE BENEFITS. (a) An
4-27 employee enrolled in a health benefits plan who is placed on leave
5-1 under this Act may elect to continue health benefits enrollment
5-2 while on leave and arrange to pay into the Employees Retirement
5-3 System of Texas, through the employing agency of the employee, the
5-4 appropriate employee and state contributions.
5-5 (b) This section does not require an employing agency to pay
5-6 the state's contribution for an employee's benefits while the
5-7 employee is on leave.
5-8 SECTION 6. PROHIBITION AGAINST COERCION OR RETALIATION. (a)
5-9 An employee may not intimidate, threaten, or coerce or attempt to
5-10 intimidate, threaten, or coerce another employee for the purpose of
5-11 interfering with the exercise of the rights of the employee under
5-12 this Act.
5-13 (b) In this section, "intimidate, threaten, or coerce"
5-14 includes:
5-15 (1) promising to confer or conferring a benefit,
5-16 including:
5-17 (A) appointment;
5-18 (B) promotion; or
5-19 (C) compensation; or
5-20 (2) taking or threatening to take reprisal, including
5-21 deprivation of:
5-22 (A) appointment;
5-23 (B) promotion; or
5-24 (C) compensation.
5-25 SECTION 7. ENFORCEMENT. The Commission on Human Rights
5-26 shall enforce this Act as provided by Articles 6 and 7, Commission
5-27 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes).
6-1 SECTION 8. EFFECTIVE DATE. This Act takes effect September
6-2 1, 1993.
6-3 SECTION 9. EMERGENCY. The importance of this legislation
6-4 and the crowded condition of the calendars in both houses create an
6-5 emergency and an imperative public necessity that the
6-6 constitutional rule requiring bills to be read on three several
6-7 days in each house be suspended, and this rule is hereby suspended.