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.