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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of an injured employee to time off from work |
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for treatment of a compensable injury; providing an administrative |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter K, Chapter 408, Labor Code, is |
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amended by adding Section 408.204 to read as follows: |
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Sec. 408.204. RIGHT TO TIME OFF FOR TREATMENT OF |
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COMPENSABLE INJURY. (a) An employee who sustains a compensable |
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injury is entitled to reasonable time off as provided by this |
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section to attend an appointment with a health care practitioner |
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for treatment of the injury. |
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(b) The employee shall provide the employer with reasonable |
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notice of the absence from employment if possible under the |
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circumstances. |
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(c) An employee may be required to use existing sick leave |
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time, or other similar leave time, for an absence from employment |
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authorized by this section except as otherwise provided by a |
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collective bargaining agreement entered into before September 1, |
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2007. |
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(d) An employer may require an injured employee to provide |
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documentation to the employer of the employee's absence from |
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employment for treatment of the compensable injury. For purposes |
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of this subsection, "documentation" means any form of verification |
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of attendance at an appointment with a health care practitioner |
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that the commissioner considers reasonable and appropriate. |
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(e) An employer may not suspend or terminate the employment |
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of, or otherwise discriminate against, an employee who is absent |
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from employment as authorized by this section to attend an |
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appointment with a health care practitioner for treatment of a |
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compensable injury. An employee whose employment is suspended or |
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terminated in violation of this section is entitled to: |
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(1) reinstatement to the employee's former position or |
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a position that is comparable in terms of compensation, benefits, |
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and other conditions of employment; |
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(2) compensation for wages lost during the period of |
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suspension or termination; and |
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(3) reinstatement of any fringe benefits and seniority |
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rights lost because of the suspension or termination. |
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(f) An employer who violates this section is subject to an |
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administrative penalty in an amount not to exceed $10,000, assessed |
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as provided by Chapter 415. |
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SECTION 2. This Act applies only to a suspension, |
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termination, or other adverse employment action that is taken by an |
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employer against an employee because of an employee absence |
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authorized under Section 408.204, Labor Code, as added by this Act, |
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that occurs on or after the effective date of this Act. A |
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suspension, termination, or other adverse employment action that is |
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taken by an employer against an employee before the effective date |
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of this Act is governed by the law in effect on the date the |
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employment action is taken, and the former law is continued in |
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effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |