BILL ANALYSIS

 

 

            C.S.H.B. 2059

By: Miles

Economic Development

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

Currently, a victim of family violence or violent felony crime in Texas risks losing his/her job if he/she takes time off to partake in critical safety measures such as applying for a protective order or relocating to a shelter or other safe space.

 

C.S.H.B. 2059, also known as the Victim's Economic Safety and Security Act, amends the Texas Labor Code to allow unpaid leave from work for a victim of family violence in order to seek medical attention or counseling, attend court hearings, or to participate in safety planning with a victim services advocate to prevent future violence.  The bill includes provisions addressing confidentiality and prohibition of employer retaliation.

 

RULEMAKING AUTHORITY

 

It is the opinion of the committee that rulemaking authority is expressly granted to the Texas Workforce Commission in SECTION 1 of this bill.

 

ANALYSIS

 

SECTION 1.  Amends Subtitle D, Title 2, Labor Code, by adding Chapter 84 as follows:

 

            Section. 84.001.  States the definition of "employee," "employer," "family  violence" and  "violent felony offense."

 

            Section 84.002.  Limits the application of this act to a victim of family violence or a                      violent felony offense, or to one whose child has been a victim of family violence or a       violent felony offense.

 

            Section 84.003.  (a)  Establishes allowable activities to entitle time off to seek medical       attention for, or to recover from physical or psychological injuries, to obtain services    from a victim's services organization, to obtain counseling, to participate in safety     planning, temporary or permanent relocation or any other action necessary to increase the     victim or the victim's child's safety, or to seek legal counsel to ensure health and

            safety,             which also includes civil or criminal proceedings.

 

            (b)  Requires an employee provide her/his employer with no less than 48 hours                               written notice for the planned absence if feasible. 

 

            (c)  Permits employers to require the employee to report the status and intention                             of the employees return to work.

 

            (d)  Entitles an employee who meets bill criteria to no more than 30 days of leave                          within a 12-month period.

 

            Section 84.004.  (a)  Clarifies certification requirements for the purposes of entitlement to             leave.

                       

            (b)  Establishes that the documentation needed for certification include a sworn                             statement by the employee, medical documentation, a police report or an active                                  protective order.                                 

 

            Section 84.005.  Provides that an employee must use existing vacation, personal leave,      sick leave, or compensatory time for planned absence authorized by this chapter.

 

            Section 84.006.  (a)  Describes effects on employee pay and benefits.  Further states that   an employer is not required to compensate for the planned absence        unless the employee    is using time described in Section 84.005.

 

            (b)  Provides that the employer maintain health coverage for the duration of the                             absence.

 

            (c)  Permits the employer to recover the premium paid for health coverage if the                             employee fails to return for any other reason than the continuation, recurrence, or                               onset of family violence or a violent felony offense.

 

            (d)  Permits the employer to require certification of the reason his/her employee is              claiming that he/she is unable to return to work.  It also establishes that the                                   documentation needed for certification include a sworn statement by the                                               employee, medical documentation, a police report or an active protective order.

 

            Section 84.007.  Requires an employer to maintain confidential the request for time off     by the employee and any written documentation unless it is requested by the employee or    required by state or federal law.

 

            Section 84.008.  (a)  Entitles an employee upon returning from leave to reinstatement                    to a former position or a comparable position, and any benefits accrued by the  employee before time off.  

 

            (b)  Does not entitle the employee to any seniority or employment benefit that                                would have accrued during the time off, or any other right, benefit or position                           of employment other than a right, benefit, or position the employee accrued                              before the employee took time off.

 

            Section 84.009.  (a)  Precludes an employer from suspending or terminating the                  employment and from discriminating against an employee who takes time off authorized      by this             chapter.

 

            (b)  Entitles an employee whose employment is violated or terminated to

            reinstatement to the employee's former position or a comparable position,                                       compensation for wages lost during suspension or termination, and                                                 reinstatement of any fringe benefits or seniority rights lost because of the                                       suspension or termination.

 

            Section 84.010.  (a)  Requires employers to inform employees of these rights by posting a  sign in a prominent location in the workplace.

 

            (b) Provides that the Texas Workforce Commission shall, by rule, prescribe the                               design and content of the sign.

 

SECTION 2.  States that Chapter 84, Labor Code, applies only to a cause of action that occurs on or after September 1, 2007.

 

SECTION 3.  States the effective date for this Act.

 

EFFECTIVE DATE

 

September 1, 2007.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The substitute modifies the original in SECTION 1 of the bill by adding language that defines "violent felony offense."  It also limits the application to a child, instead of to the immediate family or household member, who has been a victim of family violence or of a violent felony offense.  The substitute adds an active protective order and takes away a sworn statement by a family violence program staff person to the list of documentation necessary for certification for the purposes of entitlement to leave.  Finally, the substitute amends the original by requiring that an employee use existing vacation, personal leave, sick leave, or compensatory time for planned absence authorized by this chapter.