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Amend HB 550 (Senate committee printing) by adding the
following appropriately numbered SECTIONS to the bill and
renumbering subsequent SECTIONS of the bill appropriately:
SECTION ___. Subtitle D, Title 2, Labor Code, is amended by
adding Chapter 84 to read as follows:
CHAPTER 84. EMPLOYEE RIGHT TO TIME OFF FOLLOWING VIOLENCE AGAINST
EMPLOYEE OR CERTAIN FAMILY OR HOUSEHOLD MEMBERS
Sec. 84.001. DEFINITION. In this chapter, "family
violence" has the meaning assigned by Section 71.004, Family Code.
Sec. 84.002. APPLICATION. This chapter applies only to an
employee:
(1) employed by an employer who employs at least 50
employees;
(2) who has been employed by the employer from whom the
employee seeks leave under this chapter for at least three months;
and
(3) who is a victim of family violence or whose spouse,
child, parent, or household member is a victim of family violence.
Sec. 84.003. RIGHT TO TIME OFF; LIMITATIONS. (a) Except as
provided by Subsections (b) and (c), an employee to whom this
chapter applies is entitled to time off as provided by this section
to:
(1) seek an injunction, protective order, or other
order against the perpetrator of family violence against the
employee or the employee's family or household member;
(2) obtain medical care or mental health counseling,
or both, for physical or psychological injuries suffered by the
employee or the employee's family or household member as a result of
family violence;
(3) obtain services from a victim services
organization, including a family violence center or program or a
rape crisis center, for the employee or the employee's family or
household member in relation to the occurrence of family violence;
(4) participate in safety planning or temporary or
permanent relocation or take any other action necessary to increase
the safety of the employee or the employee's family or household
member following the occurrence of family violence; or
(5) seek legal assistance to address issues arising
from the occurrence of family violence.
(b) Before taking time off under this section, an employee
must provide the employer with reasonable advance notice of the
planned absence of the employee, unless the employee determines
that providing notice is impracticable under the circumstances.
(c) An employee is entitled under this section to not more
than five days of leave, excluding weekend days and legal holidays,
in any 12-month period.
Sec. 84.004. USE OF LEAVE TIME; EFFECT ON EMPLOYEE PAY. (a)
An employee who has existing vacation leave time, personal leave
time, sick leave time, or compensatory leave time must use that
leave time for a planned absence authorized by this chapter. An
employer may waive the requirements of this subsection.
(b) An employer is not required to compensate an employee
during a planned absence authorized by this chapter unless the
employee is using leave time under Subsection (a).
Sec. 84.005. CONFIDENTIALITY. An employer shall maintain
the confidentiality of the fact that an employee has requested or
obtained time off under this chapter and any written document or
record submitted to the employer by the employee relating to a
request for time off under this chapter, except to the extent that
disclosure is:
(1) requested or consented to in writing by the
employee; or
(2) required by other state or federal law.
Sec. 84.006. UNLAWFUL ACTION AGAINST EMPLOYEE. (a) An
employer may not interfere with, restrain, or deny the exercise of,
or the attempt to exercise, any right provided to an employee under
this chapter.
(b) An employer may not suspend or terminate the employment
of, retaliate against, or otherwise discriminate against an
employee who takes time off authorized by this chapter if the
employee has provided written notice as required by this chapter.
(c) An employee who takes time off under this chapter has no
greater right to continued employment or to other benefits and
conditions of employment than if the employee were not entitled to
time off under this chapter.
(d) This chapter does not limit an employer's right to
discipline or terminate an employee for any reason, including due
to a reduction in workforce or for cause, other than for the
exercise by the employee of a right to which the employee is
entitled under this chapter or as prohibited by other law.
Sec. 84.007. CIVIL REMEDY. (a) Notwithstanding any other
law, the sole remedy for a person claiming to be aggrieved by a
violation of this chapter by an employer is to bring a civil suit
for damages or equitable relief, or both, in district court. The
person may claim as damages all wages and benefits lost as a result
of the violation by the employer, up to and including the date of
the judgment, except that the person may not claim wages or benefits
that accrued during a period of leave granted without pay under this
chapter.
(b) This section does not relieve a claimant from any
obligation to mitigate damages.