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.