By: Hudson H.B. No. 332 73R1628 JMM-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the establishment of mandatory maternity leave programs 1-3 for certain private employees. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. DEFINITIONS. In this Act: 1-6 (1) "Employee" means an individual who performs 1-7 services for a private employer for compensation. The term does 1-8 not include an independent contractor. 1-9 (2) "Employer" means a person who employs employees. 1-10 (3) "Person" means an individual, corporation, 1-11 organization, business trust, estate, trust, partnership, 1-12 association, or any other private legal entity. The term does not 1-13 include the state or a political subdivision of the state. 1-14 SECTION 2. APPLICATION OF ACT. This Act applies to each 1-15 employer who employs 50 or more employees in this state. 1-16 SECTION 3. ADOPTION OF MATERNITY LEAVE POLICY. An employer 1-17 subject to this Act shall adopt a uniform written maternity leave 1-18 policy for the employer's employees. The employer shall post a 1-19 copy of the policy in the main administrative office of the 1-20 employer and in each personnel office of the employer. 1-21 SECTION 4. RIGHT TO MATERNITY LEAVE; REINSTATEMENT. (a) An 1-22 employee who has worked for an employer for at least 12 months 1-23 before the date of her child's birth is entitled to an unpaid 1-24 maternity leave beginning on the date of the child's birth. 2-1 (b) An employee who takes maternity leave under this Act is 2-2 entitled to a leave of not less than three months. 2-3 (c) An employee who takes maternity leave under this Act is 2-4 entitled to: 2-5 (1) reinstatement in the employee's former position of 2-6 employment or in an equivalent position of employment with the 2-7 employer; and 2-8 (2) continuation of any fringe benefits or seniority 2-9 rights to which the employee was entitled before the leave. 2-10 SECTION 5. CAUSE OF ACTION. (a) An eligible employee who 2-11 is denied maternity leave as provided by this Act, or who is denied 2-12 reemployment on her return from maternity leave, may sue the 2-13 employer for damages. An employee who seeks relief under this Act 2-14 must file suit not later than the 30th day after the date on which 2-15 the employer: 2-16 (1) denies maternity leave in violation of this Act; 2-17 or 2-18 (2) refuses to reemploy the employee on the employee's 2-19 return from the maternity leave. 2-20 (b) An employee who prevails in a suit under this section 2-21 may recover: 2-22 (1) actual damages; 2-23 (2) exemplary damages; 2-24 (3) costs of court; and 2-25 (4) reasonable attorney's fees. 2-26 (c) In addition to amounts recovered under Subsection (b) of 2-27 this section, an employee who is denied reemployment is entitled 3-1 to: 3-2 (1) reinstatement in the employee's former position or 3-3 in an equivalent position; 3-4 (2) compensation for any wages lost during the period 3-5 in which the employee was entitled to reemployment; and 3-6 (3) reinstatement of any fringe benefits or seniority 3-7 rights lost during the period in which the employee was entitled to 3-8 reemployment. 3-9 SECTION 6. EFFECTIVE DATE. (a) This Act takes effect 3-10 September 1, 1993. 3-11 (b) An employee is not entitled to take maternity leave as 3-12 provided by this Act before January 1, 1994. 3-13 SECTION 7. Emergency. The importance of this legislation 3-14 and the crowded condition of the calendars in both houses create an 3-15 emergency and an imperative public necessity that the 3-16 constitutional rule requiring bills to be read on three several 3-17 days in each house be suspended, and this rule is hereby suspended.