By: Barrientos S.B. No. 275
73R2401 MJW-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to unpaid maternity and parental leave for state
1-3 employees.
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 number of two-parent households in which both parents work and the
1-7 number of single-parent households in which the single parent works
1-8 are increasing significantly; that it is important for the
1-9 development of children and the family unit that fathers and
1-10 mothers be able to participate in early childrearing; and that the
1-11 lack of employment policies to accommodate working parents forces
1-12 many individuals to choose between job security and parenting. The
1-13 legislature also finds that the conflict between the demands of the
1-14 workplace and the needs of families discourages the continued
1-15 service of state employees whose knowledge and experience are of
1-16 great value to the state.
1-17 (b) The purpose of this Act is to promote the economic
1-18 security and stability of families and to encourage the continued
1-19 service of experienced employees by entitling state employees to
1-20 reasonable leave for the birth or adoption of a child or to care
1-21 for a catastrophically ill child.
1-22 SECTION 2. DEFINITIONS. In this Act:
1-23 (1) "Catastrophically ill child" means a child under
1-24 the age of 18 whose medical condition requires continuing medical
2-1 treatment or supervision by a physician.
2-2 (2) "Employee" means a person who performs services
2-3 for a state agency in the executive, legislative, or judicial
2-4 branch of government for compensation for at least three
2-5 consecutive months and whose employment is not temporary or
2-6 intermittent. The term includes an employee of an institution of
2-7 higher education as defined by Section 61.003, Education Code.
2-8 (3) "Employment benefits" means all benefits provided
2-9 or made available to employees, including group life insurance,
2-10 health insurance, disability insurance, sick leave, annual leave,
2-11 and educational benefits.
2-12 SECTION 3. MATERNITY AND PARENTAL LEAVE. (a) An employee
2-13 of the state is entitled to unpaid maternity leave on request for a
2-14 period of not longer than 24 weeks on the birth of a child by the
2-15 employee.
2-16 (b) An employee of the state is entitled to unpaid parental
2-17 leave on request for a period of not longer than 24 weeks:
2-18 (1) on the placement of a child for adoption or foster
2-19 care with the employee;
2-20 (2) to attend to a catastrophically ill child;
2-21 (3) on the birth of a child of the employee if the
2-22 spouse of the employee has returned to work; or
2-23 (4) on the birth of a child of the employee if the
2-24 spouse of the employee is deceased or suffers from an illness or
2-25 mental incapacity that prevents the spouse from caring for the
2-26 child.
2-27 (c) Maternity or parental leave under this section is in
3-1 addition to annual leave, sick leave, temporary medical leave, or
3-2 other leave or compensatory time available to the employee.
3-3 (d) An employee may use leave under this section immediately
3-4 before, after, or in coordination with any annual leave or
3-5 compensatory time available to the employee if the leave does not
3-6 unduly disrupt the operations of the employing agency.
3-7 (e) An employee who plans to take maternity or parental
3-8 leave as provided by this Act must give the employing agency
3-9 reasonable notice of the approximate date the leave will begin and
3-10 the estimated duration of the leave.
3-11 (f) After an employee has notified the employing agency of
3-12 the period of leave desired, an extension of the leave is subject
3-13 to approval by the employing agency.
3-14 (g) An employee may shorten the duration of the leave after
3-15 giving the employing agency reasonable notice of the employee's
3-16 intention to shorten the leave.
3-17 (h) This Act does not preclude any other agreement between
3-18 an employee and an employing agency for reduced leave schedules,
3-19 part-time employment, or deferred leave on the birth or adoption of
3-20 a child or to care for a catastrophically ill child.
3-21 (i) If both parents of a child are employees of the state,
3-22 they may not receive leave under this Act at the same time.
3-23 SECTION 4. EMPLOYMENT AND BENEFITS PROTECTION. (a) An
3-24 employee who receives leave under this Act is entitled, on return
3-25 from the leave, to be restored by the employer to the position held
3-26 by the employee when the leave began or to a position with
3-27 equivalent status, employment benefits, pay, and other terms and
4-1 conditions of employment.
4-2 (b) If the employing agency's circumstances make it
4-3 impossible or unreasonable to restore the employee to the same or
4-4 an equivalent position, the employee must be given an opportunity
4-5 for the next similar position that is available.
4-6 (c) The taking of leave as provided by this Act may not
4-7 result in the loss of an employment benefit that accrued before the
4-8 date on which the leave began.
4-9 (d) This section does not entitle a restored employee to the
4-10 accrual of employment benefits during the period of leave.
4-11 (e) A period of leave under this Act is not considered a
4-12 break in continuity of employment.
4-13 SECTION 5. MAINTENANCE OF INSURANCE BENEFITS. An employee
4-14 enrolled in a health benefits plan who is placed on leave as
4-15 provided by this Act may elect to continue health benefits
4-16 enrollment while on leave and arrange to pay to the agency
4-17 administering the health benefits plan, through the employing
4-18 agency of the employee, the appropriate employee and state
4-19 contributions.
4-20 SECTION 6. PROHIBITION OF COERCION OR RETALIATION. (a) An
4-21 employee may not intimidate, threaten, or coerce or attempt to
4-22 intimidate, threaten, or coerce any other employee for the purpose
4-23 of interfering with the exercise of the rights of the employee
4-24 under this Act.
4-25 (b) In this section, "intimidate, threaten, or coerce"
4-26 includes promising to confer or conferring a benefit, including
4-27 appointment, promotion, or compensation or taking or threatening to
5-1 take reprisal, including deprivation of appointment, promotion, or
5-2 compensation.
5-3 SECTION 7. ENFORCEMENT. The Commission on Human Rights
5-4 shall enforce this Act as provided by Articles 6 and 7, Commission
5-5 on Human Rights Act (Article 5221k, Vernon's Texas Civil Statutes).
5-6 For the purpose of that enforcement, a violation of this Act or the
5-7 denial of a right or benefit to which a person is entitled under
5-8 this Act is considered an unlawful employment practice.
5-9 SECTION 8. EFFECTIVE DATE. This Act takes effect September
5-10 1, 1993.
5-11 SECTION 9. EMERGENCY. The importance of this legislation
5-12 and the crowded condition of the calendars in both houses create an
5-13 emergency and an imperative public necessity that the
5-14 constitutional rule requiring bills to be read on three several
5-15 days in each house be suspended, and this rule is hereby suspended.