By:  Truan                                               S.B. No. 3
       73R1078 PB-F
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to family and medical leave for certain employees;
    1-3  providing a civil penalty.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  DEFINITIONS.  In this Act:
    1-6              (1)  "Child" means a biological child, adopted or
    1-7  foster child, stepchild, legal ward, or child of a person standing
    1-8  in loco parentis who is:
    1-9                    (A)  under 18 years of age; or
   1-10                    (B)  18 years of age or older and incapable of
   1-11  self-care because of a physical or mental disability.
   1-12              (2)  "Commission" means the Texas Employment
   1-13  Commission.
   1-14              (3)  "Employee" means an individual who performs
   1-15  services for an employer for compensation.  The term does not
   1-16  include an independent contractor.
   1-17              (4)  "Employer" means a person who employs employees.
   1-18              (5)  "Employment benefits" means all benefits provided
   1-19  by or made available to employees by an employer.  The term
   1-20  includes group life insurance, health insurance, disability
   1-21  insurance, sick leave, annual leave, educational benefits, and
   1-22  pensions, whether the benefits are provided by a practice or
   1-23  written policy of an employer or through an employee benefit plan.
   1-24              (6)  "Employee benefit plan" has the meaning assigned
    2-1  by Section 3(3), Employee Retirement Income Security Act of 1974
    2-2  (29 U.S.C. Sec. 1002(3)).
    2-3              (7)  "Health care provider" means:
    2-4                    (A)  a licensed individual who provides or
    2-5  renders health care; or
    2-6                    (B)  an unlicensed individual who provides or
    2-7  renders health care under the direction or supervision of a
    2-8  physician.
    2-9              (8)  "Parent" means:
   2-10                    (A)  the biological parent of an employee; or
   2-11                    (B)  an individual who stood in loco parentis to
   2-12  an employee when the employee was a child.
   2-13              (9)  "Person" means an individual, corporation,
   2-14  organization, business trust, estate, trust, partnership,
   2-15  association, or any other public or private legal entity.  The term
   2-16  includes this state and a political subdivision of this state.
   2-17              (10)  "Reduced leave schedule" means leave that reduces
   2-18  the usual number of hours worked per workweek, or hours per
   2-19  workday, of an employee.
   2-20              (11)  "Serious health condition" means an illness,
   2-21  injury, impairment, or physical or mental condition that requires:
   2-22                    (A)  inpatient care in a hospital, hospice, or
   2-23  residential medical care facility; or
   2-24                    (B)  continuing treatment by a health care
   2-25  provider.
   2-26        SECTION 2.  APPLICATION OF ACT.  This Act applies to each
   2-27  employer who employs more than 50 employees in this state.
    3-1        SECTION 3.  EMPLOYEE ELIGIBILITY; EXEMPTION.  (a)  Except as
    3-2  provided by Subsection (b) of this section, an employee is eligible
    3-3  for leave under this Act if:
    3-4              (1)  the employee has been employed for at least 12
    3-5  months by the employer from whom leave is requested under Section 4
    3-6  of this Act; and
    3-7              (2)  the employee has performed at least 1,250 hours of
    3-8  service for that employer during the 12 months preceding the
    3-9  request for leave.
   3-10        (b)  To determine whether an employee meets the hours of
   3-11  service requirement imposed under Subsection (a) of this section,
   3-12  the commission shall apply the standards adopted under Section 7,
   3-13  Fair Labor Standards Act of 1938 (29 U.S.C.  Sec. 207).
   3-14        (c)  An employer is not required under this Act to grant
   3-15  leave under Section 4 of this Act to a salaried employee whose
   3-16  compensation from the employer is computed to be in the highest 10
   3-17  percent of compensation paid to the employees employed by that
   3-18  employer within 75 miles of the facility at which the employee is
   3-19  employed.
   3-20        SECTION 4.  FAMILY AND MEDICAL LEAVE.  (a)  Except as
   3-21  provided by Section 9 of this Act, an eligible employee is entitled
   3-22  to a total of 12 workweeks of leave during any 12-month period
   3-23  because of one or more of the following:
   3-24              (1)  the birth of a child of the employee if the leave
   3-25  is required to care for that child;
   3-26              (2)  the placement of a child with the employee for
   3-27  adoption or foster care;
    4-1              (3)  to care for the spouse, child, or parent of the
    4-2  employee, if the spouse, child, or parent has a serious health
    4-3  condition; or
    4-4              (4)  a serious health condition that makes the employee
    4-5  unable to perform the functions of the position of employment of
    4-6  the employee.
    4-7        (b)  Entitlement to leave under Subsection (a) of this
    4-8  section for a birth or placement of a child expires on the first
    4-9  anniversary of the date of the birth or placement.
   4-10        (c)  An employee may not take leave under Subsection (a)(1)
   4-11  or (a)(2) of this section intermittently unless the employee and
   4-12  the employer of the employee agree in writing to that leave.  An
   4-13  employee may take leave under Subsection (a)(3) or (a)(4) of this
   4-14  section intermittently when that leave is medically necessary.
   4-15        (d)  If an employee requests intermittent leave under
   4-16  Subsection (a)(3) or (a)(4) of this section that is foreseeable
   4-17  because of planned medical treatment, the employer may require the
   4-18  employee to transfer temporarily to an available alternative
   4-19  position offered by the employer for which the employee is
   4-20  qualified and that:
   4-21              (1)  has equivalent pay and benefits; and
   4-22              (2)  better accommodates recurring periods of leave
   4-23  than the regular employment position of the employee.
   4-24        (e)  On the written agreement of the employer and the
   4-25  employee, an employee may take leave under Subsection (a) of this
   4-26  section on a reduced leave schedule.  Work performed by an employee
   4-27  on a reduced leave schedule does not reduce the total amount of
    5-1  leave to which the employee is entitled under Subsection (a) of
    5-2  this section.
    5-3        (f)  Each employer shall post in conspicuous places on the
    5-4  premises of the employer where notices to employees and applicants
    5-5  for employment are customarily posted, a notice, prepared or
    5-6  approved by the commission, setting forth the pertinent provisions
    5-7  of this Act and information relating to the enforcement of this
    5-8  Act.  An employer who wilfully violates this subsection is liable
    5-9  for a civil penalty not to exceed $100 for each violation.
   5-10        SECTION 5.  UNPAID LEAVE PERMITTED.  (a)  Except as provided
   5-11  by Subsection (b) of this section, leave granted under Section 4 of
   5-12  this Act may consist of unpaid leave.
   5-13        (b)  If an employer provides paid leave for fewer than 12
   5-14  workweeks, any additional weeks of leave necessary to comply with
   5-15  the 12 workweeks of leave required under this Act may be provided
   5-16  by the employer without compensation.
   5-17        SECTION 6.  SUBSTITUTION OF PAID LEAVE.  (a)  An eligible
   5-18  employee may elect, or an employer may require an employee, to
   5-19  substitute accrued paid vacation leave, personal leave, or other
   5-20  leave for leave provided under Section 4(a)(1), (2), or (3) of this
   5-21  Act for any part of the 12 weeks of leave required under Section 4
   5-22  of this Act.
   5-23        (b)  An eligible employee may elect, or an employer may
   5-24  require an employee, to substitute accrued paid vacation leave,
   5-25  personal leave, or medical or sick leave for leave provided under
   5-26  Section 4(a)(3) or (4) of this Act for any part of the 12 weeks of
   5-27  leave required under Section 4 of this Act.  However, this Act does
    6-1  not require an employer to provide paid sick leave or paid medical
    6-2  leave in any situation in which that employer would not normally
    6-3  provide paid leave.
    6-4        SECTION 7.  FORESEEABILITY OF LEAVE; NOTICE.  (a)  If the
    6-5  necessity for leave under Section 4(a)(1) or (2) of this Act is
    6-6  foreseeable because of an expected birth or adoption, the affected
    6-7  employee shall, at least 30 days before the date the leave is to
    6-8  begin, notify the employer in writing of the employee's intention
    6-9  to take the leave.  If the date of the birth or adoption requires
   6-10  that the leave begin in less than 30 days, the employee shall
   6-11  provide notice to the employer as is practicable.
   6-12        (b)  If the necessity for leave under Section 4(a)(3) or (4)
   6-13  of this Act is foreseeable because of planned medical treatment,
   6-14  the employee shall:
   6-15              (1)  make a reasonable effort to schedule the treatment
   6-16  to avoid disrupting unduly the operations of the employer, subject
   6-17  to the approval of the health care provider of the employee or of
   6-18  the child, spouse, or parent of the employee, as applicable; and
   6-19              (2)  at least 30 days before the date the leave is to
   6-20  begin, notify the employer in writing of the employee's intention
   6-21  to take the leave; provided that if the date of the treatment
   6-22  requires that the leave begin in less than 30 days, the employee
   6-23  shall provide notice to the employer as is practicable.
   6-24        SECTION 8.  SPOUSES EMPLOYED BY SAME EMPLOYER.  If a husband
   6-25  and wife entitled to leave under Section 4 of this Act are employed
   6-26  by the same employer, the aggregate number of workweeks of leave to
   6-27  which both may be entitled may be limited to 12 workweeks during
    7-1  any 12-month period, if the leave is taken:
    7-2              (1)  under Section 4(a)(1) or (2) of this Act; or
    7-3              (2)  to care for a sick parent under Section 4(a)(3) of
    7-4  this Act.
    7-5        SECTION 9.  CERTIFICATION.  (a)  An employer may require that
    7-6  a request for leave under Section 4(a)(3) or (4) of this Act be
    7-7  certified by the health care provider of the eligible employee or
    7-8  of the child, spouse, or parent of the employee, as appropriate.
    7-9  The employee shall provide, in a timely manner, a copy of the
   7-10  certification to the employer.
   7-11        (b)  Certification provided under Subsection (a) of this
   7-12  section is sufficient if it states:
   7-13              (1)  the date on which the serious health condition
   7-14  began;
   7-15              (2)  the probable duration of the condition;
   7-16              (3)  the appropriate medical facts within the knowledge
   7-17  of the health care provider regarding the condition;
   7-18              (4)  for purposes of leave under Section 4(a)(3) of
   7-19  this Act, a statement that the eligible employee is needed to care
   7-20  for the child, spouse, or parent and an estimate of the amount of
   7-21  time that the employee is needed to care for the child, spouse, or
   7-22  parent;
   7-23              (5)  for purposes of leave under Section 4(a)(4) of
   7-24  this Act, a statement that the employee is unable to perform the
   7-25  functions of the position of employment; and
   7-26              (6)  for purposes of intermittent leave for planned
   7-27  medical treatment, the dates on which the treatment is expected to
    8-1  be given and the duration of the treatment.
    8-2        (c)  If the employer has reason to doubt the validity of the
    8-3  certification provided under Subsection (a) of this section for
    8-4  leave under Section 4(a)(3) or (4) of this Act, the employer may
    8-5  require, at the expense of the employer, that the eligible employee
    8-6  obtain the opinion of a second health care provider designated or
    8-7  approved by the employer concerning any information certified under
    8-8  Subsection (b) of this section.  A health care provider designated
    8-9  or approved under this subsection may not be employed on a regular
   8-10  basis by the employer.
   8-11        (d)  If a second opinion obtained under Subsection (c) of
   8-12  this section differs from the opinion in the original certification
   8-13  provided under Subsection (a) of this section, the employer may
   8-14  require, at the expense of the employer, that the employee obtain
   8-15  the opinion of a third health care provider designated or approved
   8-16  jointly by the employer and the employee concerning the information
   8-17  certified under Subsection (b) of this section.  The opinion of the
   8-18  third health care provider is final and binding on the employer and
   8-19  the employee.
   8-20        (e)  The employer may require that the eligible employee
   8-21  obtain subsequent recertifications on a reasonable basis.
   8-22        SECTION 10.  EMPLOYMENT AND BENEFITS PROTECTION.  (a)  An
   8-23  eligible employee who takes leave under Section 4 of this Act for
   8-24  the intended purpose of the leave is entitled, on return from the
   8-25  leave, to reinstatement in the former position of employment or an
   8-26  equivalent position of employment with equivalent employment
   8-27  benefits, pay, and other terms and conditions of employment.
    9-1        (b)  Leave taken under Section 4 of this Act may not result
    9-2  in the loss of any employment benefit accrued before the date on
    9-3  which the leave began.
    9-4        (c)  This section does not entitle an employee who is
    9-5  reinstated in employment to:
    9-6              (1)  the accrual of seniority or other employment
    9-7  benefits during any period of leave; or
    9-8              (2)  any right, benefit, or position of employment
    9-9  other than any right, benefit, or position to which the employee
   9-10  would have been entitled had the employee not taken the leave.
   9-11        (d)  As a condition of eligibility to return to employment
   9-12  under Subsection (a) of this section, an employer may adopt a
   9-13  uniformly applied practice or policy that requires an employee to
   9-14  receive certification from a health care provider that the employee
   9-15  is able to resume work.  This subsection does not supersede a
   9-16  statute of this state, an order or ordinance of a political
   9-17  subdivision of this state, or a collective bargaining agreement
   9-18  that governs the return to work of an employee taking leave under
   9-19  Section 4(a)(4) of this Act.
   9-20        (e)  This section does not prohibit an employer from
   9-21  requiring an employee on leave under Section 4 of this Act to
   9-22  report periodically to the employer on the status and intention of
   9-23  the employee to return to work.
   9-24        SECTION 11.  MAINTENANCE OF HEALTH INSURANCE BENEFITS.  (a)
   9-25  Except as provided by Subsection (b) of this section, during any
   9-26  period that an eligible employee takes leave under Section 4 of
   9-27  this Act, the employer shall maintain insurance coverage for that
   10-1  employee under any applicable group health plan for the duration of
   10-2  the leave at the level and under the conditions the coverage would
   10-3  have been provided if the employee had continued in employment
   10-4  continuously from the date on which the employee began the leave
   10-5  until the date on which the employee returned to employment under
   10-6  Section 10 of this Act.
   10-7        (b)  The employer may recover the premium that the employer
   10-8  paid to maintain insurance coverage for the employee under the
   10-9  group health plan during any period of unpaid leave taken under
  10-10  Section 4 of this Act if the employee fails to return to work:
  10-11              (1)  after the period of leave to which the employee is
  10-12  entitled has expired; and
  10-13              (2)  for a reason other than:
  10-14                    (A)  the continuation, recurrence, or onset of a
  10-15  serious health condition that entitles the employee to leave under
  10-16  Section 4(a)(3) or (4) of this Act; or
  10-17                    (B)  other circumstances beyond the control of
  10-18  the employee.
  10-19        (c)  An employer may require that a claim that an employee is
  10-20  unable to return to work because of the continuation, recurrence,
  10-21  or onset of a serious health condition be certified by:
  10-22              (1)  the health care provider of the eligible employee,
  10-23  if the employee is unable to return to work because of a condition
  10-24  specified under Section 4(a)(4) of this Act; or
  10-25              (2)  the health care provider of the child, spouse, or
  10-26  parent of the employee if the employee is unable to return to work
  10-27  because of a condition specified under Section 4(a)(3) of this Act.
   11-1        (d)  The employee shall provide, in a timely manner, a copy
   11-2  of the certification to the employer.
   11-3        (e)  Certification required under Subsection (c)(1) of this
   11-4  section is sufficient if the certification states that a serious
   11-5  health condition made the employee unable to perform the functions
   11-6  of the position of employment on the date that the leave expired.
   11-7  Certification required under Subsection (c)(2) of this section is
   11-8  sufficient if the certification states that the employee is needed
   11-9  to care for the child, spouse, or parent because of the serious
  11-10  health condition in effect on the date that the leave expired.
  11-11        (f)  For the purposes of this section, "group health plan"
  11-12  has the meaning assigned by Section 5000(b)(1), Internal Revenue
  11-13  Code of 1986 (26 U.S.C.  Sec. 5000(b)(1)).
  11-14        SECTION 12.  APPLICATION TO EMPLOYEES OF CERTAIN EDUCATIONAL
  11-15  INSTITUTIONS.  (a)  Except as otherwise provided by this section,
  11-16  the rights, remedies, and procedures under this Act apply to the
  11-17  employees of a public or private elementary or secondary school or
  11-18  school district.
  11-19        (b)  If an eligible employee employed principally in an
  11-20  instructional capacity by a school requests leave under Section
  11-21  4(a)(3) or (4) of this Act that is foreseeable because of planned
  11-22  medical treatment and that leave would exceed 20 percent of the
  11-23  total number of working days in the applicable academic period, the
  11-24  school may require that the employee elect to:
  11-25              (1)  take the leave in periods of a particular
  11-26  duration, not to exceed the duration of the planned medical
  11-27  treatment; or
   12-1              (2)  transfer temporarily to an available alternative
   12-2  position offered by the employer for which the employee is
   12-3  qualified and that:
   12-4                    (A)  has equivalent pay and benefits; and
   12-5                    (B)  better accommodates recurring periods of
   12-6  leave than the regular employment position of the employee.
   12-7        (c)  An employee who makes an election under Subsection (b)
   12-8  of this section must comply with Section 7(b) of this Act.
   12-9        (d)  This subsection applies to periods of leave requested
  12-10  near the conclusion of an academic term in the case of an eligible
  12-11  employee employed principally in an instructional capacity by a
  12-12  school.  If the eligible employee begins leave under Section 4 of
  12-13  this Act more than five weeks before the end of the academic term,
  12-14  the school may require the employee to continue taking leave until
  12-15  the end of that term if the leave lasts at least three weeks and
  12-16  the return to employment would occur during the last three weeks of
  12-17  the term.  If the eligible employee begins leave under Section
  12-18  4(a)(1), (2), or (3) of this Act during the period that begins five
  12-19  weeks before the end of the academic term, the school may require
  12-20  the employee to continue taking leave until the end of that term if
  12-21  the leave is longer than two weeks and the return to employment
  12-22  would occur during the last two weeks of the  term.  If the
  12-23  eligible employee begins leave under Section 4(a)(1), (2), or (3)
  12-24  of this Act during the three weeks before the end of the academic
  12-25  term and the leave lasts longer than five working days, the school
  12-26  may require the employee to continue to take leave until the end of
  12-27  the term.
   13-1        (e)  The determination required under Section 10(a) of this
   13-2  Act as to placement in an equivalent position of employment shall
   13-3  be made on the basis of established public school district policies
   13-4  and practices, private school policies and practices, and any
   13-5  applicable collective bargaining agreements.
   13-6        SECTION 13.  COMMISSION POWERS AND DUTIES.  (a)  The
   13-7  commission shall adopt rules as necessary to implement this Act.
   13-8        (b)  To ensure compliance with the provisions of this Act or
   13-9  any rule adopted under this Act, the commission may conduct
  13-10  investigations of employers subject to this Act.  Each employer
  13-11  subject to this Act shall maintain records in accordance with rules
  13-12  adopted by the commission.
  13-13        (c)  The commission may not require an employer to submit
  13-14  under this section books, records, or other information more
  13-15  frequently than annually, unless the commission:
  13-16              (1)  has reasonable cause to believe that the affected
  13-17  employer has violated this Act or a rule adopted under this Act; or
  13-18              (2)  is investigating a charge under Section 15 of this
  13-19  Act.
  13-20        (d)  For the purposes of any investigation conducted under
  13-21  this section, the commission may exercise the subpoena authority
  13-22  granted under Section 11, Texas Unemployment Compensation Act
  13-23  (Article 5221b-9, Vernon's Texas Civil Statutes).
  13-24        SECTION 14.  PROHIBITED ACTS.  (a)  An employer may not
  13-25  interfere with, restrain, or deny the exercise of or the attempt to
  13-26  exercise any right provided under this Act.
  13-27        (b)  An employer may not discharge or otherwise discriminate
   14-1  against any individual for opposing a practice made unlawful by
   14-2  this Act.
   14-3          (c)  A person may not discharge or otherwise discriminate
   14-4  against an individual because that individual has:
   14-5                (1)  filed a charge, or instituted or caused to be
   14-6  instituted a proceeding, under or related to this Act;
   14-7                (2)  given, or is about to give, any information in
   14-8  connection with an inquiry or proceeding relating to a right
   14-9  provided under this Act; or
  14-10                (3)  testified, or is about to testify, in an inquiry
  14-11  or proceeding relating to a right provided under this Act.
  14-12        SECTION 15.  ENFORCEMENT.  (a)  An employer who violates
  14-13  Section 14 of this Act is liable to an affected eligible employee
  14-14  for damages equal to the amount of:
  14-15              (1)  any wages, salary, employment benefits, or other
  14-16  compensation denied or lost to the employee by reason of the
  14-17  violation, or, if wages, salary, employment benefits, or other
  14-18  compensation have not been denied or lost to the employee, any
  14-19  actual monetary losses sustained by the employee as a direct result
  14-20  of the violation, including the cost of providing necessary care,
  14-21  not to exceed an amount equal to the employee's wages or salary for
  14-22  12 weeks;
  14-23              (2)  interest on the amount determined under
  14-24  Subdivision (1) of this subsection, computed at the prevailing rate
  14-25  of interest on judgments; and
  14-26              (3)  an additional amount as liquidated damages equal
  14-27  to the sum of the amount determined under Subdivision (1) of this
   15-1  subsection and the interest determined under Subdivision (2) of
   15-2  this subsection, provided that if an employer who has violated
   15-3  Section 14 of this Act proves to the satisfaction of the court that
   15-4  the act or omission that violated Section 14 of this Act was in
   15-5  good faith and that the employer had reasonable grounds for
   15-6  believing that the act or omission was not a violation, the court
   15-7  may reduce the amount of damages to the amount determined under
   15-8  Subdivisions (1) and (2) of this subsection.
   15-9        (b)  The employer is also liable for equitable relief as
  15-10  appropriate, including employment, reinstatement, and promotion.
  15-11        (c)  An action to recover damages or equitable relief under
  15-12  this section may be maintained in a court of competent jurisdiction
  15-13  by any one or more employees for and in behalf of those employees
  15-14  or those employees and other employees similarly situated.
  15-15        (d)  In addition to any judgment awarded to the plaintiff,
  15-16  the court may require the defendant to pay reasonable attorney's
  15-17  fees, reasonable expert witness fees, and other costs.
  15-18        (e)  Unless the action is dismissed without prejudice on
  15-19  motion of the commission, the right to bring an action under this
  15-20  section terminates on:
  15-21              (1)  the filing of a complaint by the commission in an
  15-22  action under Subsection (i) of this section in which:
  15-23                    (A)  restraint is sought of any further delay in
  15-24  the payment of the damages described in Subsection (a) of this
  15-25  section; or
  15-26                    (B)  equitable relief is sought as a result of
  15-27  alleged violations of Section 14 of this Act; or
   16-1              (2)  the filing of a complaint by the commission in an
   16-2  action under Subsection (f) of this section in which a recovery is
   16-3  sought of the damages described in Subsection (a) of this section.
   16-4        (f)  The commission shall receive, investigate, and attempt
   16-5  to resolve complaints of violations under Section 14 of this Act in
   16-6  the same manner that the commission receives, investigates, and
   16-7  attempts to resolve complaints of violations of Article 5155,
   16-8  Revised Statutes.
   16-9        (g)  The commission may bring an action in a court of
  16-10  competent jurisdiction to recover on behalf of an eligible employee
  16-11  the damages described in Subsection (a) of this section.  Any
  16-12  amount recovered by the commission on behalf of an employee under
  16-13  this subsection shall be held in a special deposit account and
  16-14  shall be paid, on order of the commission, directly to each
  16-15  affected employee.  Any amount not paid to an employee within three
  16-16  years of receipt because of inability to make the payment shall be
  16-17  deposited in the state treasury to the credit of the general
  16-18  revenue fund.
  16-19        (h)  Except as otherwise provided by this subsection, an
  16-20  action must be brought under this section not later than the second
  16-21  anniversary of the date of the last event constituting the alleged
  16-22  violation for which the action is brought.  If the action alleges a
  16-23  wilful violation of Section 14 of this Act, the action must be
  16-24  brought not later than the third anniversary of the date of the
  16-25  last event constituting the alleged violation.  In determining for
  16-26  the purposes of this subsection when an action is begun by the
  16-27  commission under Subsection (f) of this section, the action is
   17-1  begun on the date on which the complaint is filed.
   17-2        (i)  In addition to an action to recover damages, the
   17-3  commission may bring an action to restrain violations of Section 14
   17-4  of this Act, including an action to restrain the withholding of
   17-5  payment of wages, salary, employment benefits, or other
   17-6  compensation, plus interest, found by the court to be due to
   17-7  eligible employees.
   17-8        SECTION 16.  EFFECTIVE DATE.  (a)  This Act takes effect
   17-9  September 1, 1993.
  17-10        (b)  An employee is not entitled to take leave as provided by
  17-11  Section 4 of this Act before January 1, 1994.
  17-12        (c)  The commission shall adopt rules and prescribe notices
  17-13  and forms as required by this Act not later than November 1, 1993.
  17-14        SECTION 17.  EMERGENCY.  The importance of this legislation
  17-15  and the crowded condition of the calendars in both houses create an
  17-16  emergency   and   an   imperative   public   necessity   that   the
  17-17  constitutional rule requiring bills to be read on three several
  17-18  days in each house be suspended, and this rule is hereby suspended.