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A BILL TO BE ENTITLED
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AN ACT
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relating to employee leave from work to address family violence |
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situations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 4, Family Code, is amended by |
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adding Chapter 72 to read as follows: |
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CHAPTER 72. EMPLOYEE LEAVE FROM WORK |
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Sec. 72.001. APPLICABILITY OF CHAPTER. This chapter |
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applies only to: |
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(1) employers who employ 50 or more employees; and |
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(2) employees who have been employed for three or more |
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months by the employer from whom the employee seeks leave. |
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Sec. 72.002. LEAVE FROM WORK. (a) An employer shall |
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permit an employee to request or take up to five days, excluding |
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weekends and legal holidays, of leave from work in any 12-month |
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period if the employee or a member of the employee's family or |
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household is the victim of family violence. The employee may use |
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the leave from work for activities including: |
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(1) seeking an injunction, protective order, or other |
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order against the perpetrator of the act of family violence; |
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(2) obtaining medical care or mental health |
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counseling, or both, for the employee or the member of the |
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employee's family or household to address physical or psychological |
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injuries resulting from the act of family violence; |
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(3) obtaining services from a victim services |
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organization, including a family violence center or program or a |
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rape crisis center; |
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(4) making the employee's home secure from the |
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perpetrator of the act of family violence or seeking new housing to |
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escape the perpetrator; or |
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(5) seeking legal assistance to address issues arising |
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from the act of family violence or preparing for and attending |
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court-related proceedings arising from the act of family violence. |
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(b) Employee leave from work under this chapter may be with |
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or without pay, at the discretion of the employer. |
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Sec. 72.003. ADVANCE NOTICE. As a condition of taking leave |
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from work under this chapter, an employee must give an employer |
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reasonable advance notice of the employee's intention to take |
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leave, unless advance notice is not feasible. |
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Sec. 72.004. OTHER LEAVE EXHAUSTED. An employee seeking |
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leave from work under this chapter must, before receiving the |
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leave, exhaust all annual or vacation leave, personal leave, and |
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sick leave, as applicable, that is available to the employee. An |
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employer may waive the requirement prescribed by this section. |
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Sec. 72.005. INFORMATION CONFIDENTIAL. All information |
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relating to leave from work taken by an employee under this chapter |
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is confidential and may not be disclosed by an employer. |
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Sec. 72.006. UNLAWFUL ACTION AGAINST EMPLOYEE. (a) An |
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employer may not interfere with, restrain, or deny the exercise of, |
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or the attempt to exercise, any right provided under this chapter. |
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(b) An employer may not discharge, demote, suspend, |
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retaliate against, or in any other manner discriminate against an |
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employee for exercising the employee's rights under this chapter. |
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(c) An employee has no greater rights to continued |
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employment or to other benefits and conditions of employment than |
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if the employee was not entitled to leave under this chapter. This |
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chapter does not limit an employer's right to discipline or |
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terminate any employee for any reason, including reductions in work |
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force or termination for cause or for no reason at all, other than |
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the exercise by an employee of rights under this chapter. |
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Sec. 72.007. CIVIL REMEDY. Notwithstanding any other law |
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to the contrary, the sole remedy for any person claiming to be |
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aggrieved by a violation of this chapter is to bring a civil suit |
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for damages or equitable relief, or both, in district court. The |
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person may claim as damages all wages and benefits that would have |
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been due the person up to and including the date of the judgment had |
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the act violating this chapter not occurred, except, however, the |
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person may not claim wages or benefits for a period of leave granted |
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without pay as provided by Section 72.002(b). This section does not |
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relieve a claimant from any obligation to mitigate damages. |
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SECTION 2. This Act takes effect September 1, 2007. |