By Lewis of Tarrant H.B. No. 240
77R2230 AEI-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to eligibility of certain employees for unemployment
1-3 compensation benefits after the birth or adoption of a child.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subchapter B, Chapter 207, Labor Code, is amended
1-6 by adding Section 207.026 to read as follows:
1-7 Sec. 207.026. BIRTH OR ADOPTION OF CHILD. (a) An individual
1-8 may not be denied benefits solely because the individual is on
1-9 leave from or left the individual's last employment to care for a
1-10 child born to or adopted by the individual, if the individual took
1-11 leave or left the employment during the first year after the date
1-12 of the child's birth or placement with the individual for adoption.
1-13 (b) An individual who is on leave or who has left employment
1-14 in accordance with Subsection (a) is eligible for benefits under
1-15 this section.
1-16 (c) An individual who is on leave or who has left employment
1-17 in accordance with Subsection (a) is not required to comply with
1-18 the provisions of this chapter relating to the individual's:
1-19 (1) availability for work;
1-20 (2) active search for work; or
1-21 (3) refusal to apply for or refusal to accept suitable
1-22 work.
1-23 (d) The benefit amount an individual who is eligible to
1-24 receive benefits under this section may receive shall be reduced
2-1 by:
2-2 (1) any amount paid to the individual by an employer
2-3 because of the birth or adoption of the child; and
2-4 (2) any amount paid to the individual under a
2-5 disability insurance plan contributed to by an employer, in
2-6 proportion to the employer's contribution to the plan.
2-7 (e) An employer shall post notices as prescribed by the
2-8 commission by rule regarding the availability of benefits under
2-9 this section. The notices must be posted at conspicuous places at
2-10 each of the employer's places of business.
2-11 (f) This section shall be applied in accordance with any
2-12 applicable regulations of the United States Department of Labor.
2-13 SECTION 2. Section 207.045(d), Labor Code, is amended to
2-14 read as follows:
2-15 (d) Notwithstanding any other provision of this section, an
2-16 individual who is available to work may not be disqualified for
2-17 benefits because the individual left work because of:
2-18 (1) a medically verified illness of the individual or
2-19 the individual's minor child;
2-20 (2) injury;
2-21 (3) disability; [or]
2-22 (4) pregnancy; or
2-23 (5) the birth of the individual's child or the
2-24 adoption of a child by the individual, if the individual took leave
2-25 or left work to care for the child during the first year after the
2-26 date of the child's birth or placement with the individual for
2-27 adoption.
3-1 SECTION 3. Section 204.022(a), Labor Code, is amended to
3-2 read as follows:
3-3 (a) Benefits computed on benefit wage credits of an employee
3-4 or former employee may not be charged to the account of an employer
3-5 if the employee's last separation from the employer's employment
3-6 before the employee's benefit year:
3-7 (1) was required by a federal statute;
3-8 (2) was required by a statute of this state or an
3-9 ordinance of a municipality of this state;
3-10 (3) would have disqualified the employee under Section
3-11 207.044, 207.045, 207.051, or 207.053 if the employment had been
3-12 the employee's last work;
3-13 (4) imposes a disqualification under Section 207.044,
3-14 207.045, 207.051, or 207.053;
3-15 (5) was caused by a medically verifiable illness of
3-16 the employee or the employee's minor child;
3-17 (6) was based on a natural disaster that results in a
3-18 disaster declaration by the president of the United States under
3-19 the Robert T. Stafford Disaster Relief and Emergency Assistance Act
3-20 (42 U.S.C. Section 5121 et seq.), if the employee would have been
3-21 entitled to unemployment assistance benefits under Section 410 of
3-22 that act (42 U.S.C. Section 5177) had the employee not received
3-23 state unemployment compensation benefits;
3-24 (7) was caused by a natural disaster, fire, flood, or
3-25 explosion that causes employees to be separated from one employer's
3-26 employment; [or]
3-27 (8) resulted from the employee's resigning from
4-1 partial employment to accept other employment that the employee
4-2 reasonably believed would increase the employee's weekly wage; or
4-3 (9) resulted from the employee's taking leave or
4-4 leaving employment to care for a child born to or adopted by the
4-5 employee, if the employee took leave or left employment during the
4-6 first year after the date of the child's birth or placement with
4-7 the employee for adoption.
4-8 SECTION 4. (a) This Act takes effect September 1, 2001, and
4-9 applies only to eligibility for unemployment compensation benefits
4-10 under a claim that is filed with the Texas Workforce Commission on
4-11 or after December 1, 2001. Eligibility for unemployment
4-12 compensation benefits under a claim that is filed before December
4-13 1, 2001, is governed by the law in effect on the date that the
4-14 claim was filed, and the former law is continued in effect for that
4-15 purpose.
4-16 (b) The Texas Workforce Commission shall adopt rules as
4-17 necessary to implement Section 207.026, Labor Code, as added by
4-18 this Act, not later than November 1, 2001.