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.