| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the right of an employee to time off from work if the |
|
|
employee, or a family or household member of the employee, is a |
|
|
victim of family violence or a violent felony offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. 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. DEFINITIONS. In this chapter: |
|
|
(1) "Employee" has the meaning assigned by Section |
|
|
21.002(7). |
|
|
(2) "Employer" has the meaning assigned by Section |
|
|
21.002(8). |
|
|
(3) "Family violence" has the meaning assigned by |
|
|
Section 71.004, Family Code. |
|
|
Sec. 84.002. APPLICATION. This chapter applies only to an |
|
|
employee: |
|
|
(1) who is a victim of family violence or a violent |
|
|
felony offense; or |
|
|
(2) whose spouse, child, parent, or household member |
|
|
is a victim of family violence or a violent felony offense. |
|
|
Sec. 84.003. RIGHT TO TIME OFF; LIMITATIONS. (a) Except as |
|
|
provided by Subsections (b), (c), and (d), an employee to whom this |
|
|
chapter applies is entitled to time off as provided by this section |
|
|
to: |
|
|
(1) seek medical attention for, or recover from, |
|
|
physical or psychological injuries suffered by the employee or the |
|
|
employee's family or household member as a result of family |
|
|
violence or a violent felony offense; |
|
|
(2) obtain services from a victim services |
|
|
organization for the employee or the employee's family or household |
|
|
member in relation to the occurrence of family violence or a violent |
|
|
felony offense; |
|
|
(3) obtain psychological or other counseling for the |
|
|
employee or the employee's family or household member in relation |
|
|
to the occurrence of family violence or a violent felony offense; |
|
|
(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 or to ensure the employee or member's economic security |
|
|
following the occurrence of family violence or a violent felony |
|
|
offense; or |
|
|
(5) seek legal assistance or remedies to ensure the |
|
|
health and safety of the employee or the employee's family or |
|
|
household member, including preparing for or participating in any |
|
|
civil or criminal legal or investigative proceeding relating to the |
|
|
occurrence of family violence or a violent felony offense. |
|
|
(b) Before taking time off under this section, an employee |
|
|
must provide the employer with at least 48 hours advance written |
|
|
notice of the planned absence of the employee, unless the employee |
|
|
determines that providing notice is impracticable under the |
|
|
circumstances. If the employee does not provide the required |
|
|
notice, the employer may not take any adverse employment action |
|
|
against the employee if the employee provides certification to the |
|
|
employer in accordance with Section 84.004. |
|
|
(c) An employer may require an employee who is taking time |
|
|
off under this chapter to report periodically to the employer on the |
|
|
status and intention of the employee to return to work. |
|
|
(d) An employee is entitled under this section to not more |
|
|
than 30 work days of leave in any 12-month period. |
|
|
Sec. 84.004. CERTIFICATION. (a) An employer may require an |
|
|
employee to provide, within a reasonable time after the employee's |
|
|
initial absence from work, certification to the employer that: |
|
|
(1) the employee or a member of the employee's family |
|
|
or household is a victim of family violence or a violent felony |
|
|
offense; and |
|
|
(2) the time off from work requested by the employee is |
|
|
being used by the employee to engage in an activity described by |
|
|
Section 84.003(a). |
|
|
(b) An employee may satisfy the requirements of Subsection |
|
|
(a) by providing to the employer a sworn statement by the employee |
|
|
and the following documentation attesting to the circumstances: |
|
|
(1) a medical report; |
|
|
(2) a police or court record; or |
|
|
(3) a sworn statement by a family violence program |
|
|
staff person. |
|
|
Sec. 84.005. USE OF LEAVE TIME. An employee may elect to |
|
|
use existing vacation leave time, personal leave time, sick leave |
|
|
time, or compensatory leave time for a planned absence authorized |
|
|
by this chapter. |
|
|
Sec. 84.006. EFFECT ON EMPLOYEE PAY AND BENEFITS. (a) 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 Section 84.005. |
|
|
(b) An employer shall maintain any health coverage provided |
|
|
by the employer to the employee or a member of the employee's family |
|
|
or household under any group health plan for the duration of the |
|
|
employee's absence under this chapter. |
|
|
(c) The employer may recover the premium that the employer |
|
|
paid for maintaining health coverage under Subsection (b) if: |
|
|
(1) the employee fails to return to work after the |
|
|
period of time off to which the employee is entitled under this |
|
|
chapter has expired; and |
|
|
(2) the employee's failure to return to work is for a |
|
|
reason other than: |
|
|
(A) the continuation, recurrence, or onset of |
|
|
family violence or a violent felony offense; or |
|
|
(B) other circumstances outside of the |
|
|
employee's control. |
|
|
(d) An employer may require an employee who claims the |
|
|
employee is unable to return to work for a reason described by |
|
|
Subsection (c)(2)(A) or (B) to provide, within a reasonable time |
|
|
after making the claim, certification to the employer that the |
|
|
employee is unable to return to work because of that reason. An |
|
|
employee may satisfy the certification requirement by providing to |
|
|
the employer a sworn statement by the employee and the following |
|
|
documentation attesting to the circumstances: |
|
|
(1) a medical report; |
|
|
(2) a police or court record; or |
|
|
(3) a sworn statement by a family violence program |
|
|
staff person. |
|
|
Sec. 84.007. 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. 84.008. ENTITLEMENT ON RETURN TO WORK. (a) On |
|
|
returning from time off under this chapter, an employee is entitled |
|
|
to: |
|
|
(1) reinstatement to the employee's former position or |
|
|
a position that is comparable in terms of compensation, benefits, |
|
|
and other conditions of employment; and |
|
|
(2) any benefits accrued by the employee before the |
|
|
employee's time off under this chapter. |
|
|
(b) This section does not entitle the employee to: |
|
|
(1) any seniority or employment benefit that would |
|
|
have accrued during the employee's time off under this section; or |
|
|
(2) any other right, benefit, or position of |
|
|
employment other than a right, benefit, or position the employee |
|
|
accrued before the employee took the time off under this chapter. |
|
|
Sec. 84.009. EMPLOYER RETALIATION PROHIBITED. (a) An |
|
|
employer may not suspend or terminate the employment of, or |
|
|
otherwise discriminate against, an employee who takes time off |
|
|
authorized by this chapter if the employee has provided written |
|
|
notice or certification as required by this chapter. |
|
|
(b) An employee whose employment is suspended or terminated |
|
|
in violation of this chapter is entitled to: |
|
|
(1) reinstatement to the employee's former position or |
|
|
a position that is comparable in terms of compensation, benefits, |
|
|
and other conditions of employment; |
|
|
(2) compensation for wages lost during the period of |
|
|
suspension or termination; and |
|
|
(3) reinstatement of any fringe benefits and seniority |
|
|
rights lost because of the suspension or termination. |
|
|
Sec. 84.010. NOTICE TO EMPLOYEES. (a) Each employer shall |
|
|
inform its employees of their rights under this chapter by posting a |
|
|
conspicuous sign in a prominent location in the employer's |
|
|
workplace. |
|
|
(b) The Texas Workforce Commission by rule shall prescribe |
|
|
the design and content of the sign required by this section. |
|
|
SECTION 2. This Act applies only to a suspension, |
|
|
termination, or other adverse employment action that is taken by an |
|
|
employer against an employee because of an employee absence |
|
|
authorized under Chapter 84, Labor Code, as added by this Act, that |
|
|
occurs on or after the effective date of this Act. A suspension, |
|
|
termination, or other adverse employment action that is taken by an |
|
|
employer against an employee before the effective date of this Act |
|
|
is governed by the law in effect on the date that the employment |
|
|
action is taken, and the former law is continued in effect for that |
|
|
purpose. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |