AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
As proposed, S.B. 67 entitles employees of institutions of higher education to receive paid leave following a physical assault during the performance of the employee's regular duties. Higher education employees who are physically assaulted on the job, through no fault of their own, often are forced to take sick leave during their recovery and are at risk of losing a significant portion of their salary. However, school district employees who are victims of physical assault are provided with 100 percent of their weekly pay while recovering from their injury. S.B. 67 extends to higher education employees the same protections against the effects of physical assault that are provided to school district employees.
As proposed, S.B. 67 amends current law relating to leave for junior college district or university system employees who are physically assaulted while on duty.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter Z, Chapter 51, Education Code, by adding Section 51.9611, as follows:
Sec. 51.9611. ASSAULT LEAVE FOR EMPLOYEES OF JUNIOR COLLEGE DISTRICT OR UNIVERSITY SYSTEM. (a) Provides that the definitions provided by Section 61.003 (Definitions) apply to this section.
(b) Entitles an employee of a junior college district or university system, including an employee of a component institution of a university system, but not including an employee of a medical and dental unit who is physically assaulted during the performance of the employee's regular duties, except as provided by Subsection (f), to the number of days of paid leave necessary for the employee to recuperate from any physical injury that results from the assault. Entitles the employee, notwithstanding any other law, during the period the employee is assigned to assault leave, to be paid at a rate equal to the employee's regular rate of pay, except that the amount of pay be reduced by the amount of any workers' compensation insurance benefits to which the employee is entitled to compensate the employee for employee pay lost as a result of the assault.
(c) Requires the junior college district or university system, as applicable, on the employee's submission of a claim for assault leave, to immediately assign the employee to assault leave. Authorizes the district or system, after an investigation of the employee's claim and any determination that the employee was not entitled to all or part of the assault leave taken, to change the employee's assault leave status and charge the assault leave to which the employee was not entitled against any of the employee's accrued leave or the employee's pay if the employee does not have sufficient accrued leave.
(d) Provides that, for purposes of this section, an employee is physically assaulted if the conduct causing injury to the employee contains the elements of an assaultive offense under Section 22.01 (Assault), 22.011 (Sexual Assault), 22.02 (Aggravated Assault), or 22.021 (Aggravated Sexual Assault), Penal Code.
(e) Provides that leave provided under this section is in addition to any other leave provided to an employee under a policy adopted under Section 51.961 (Leave Provisions for Employees of University System or Component Institution of System) or otherwise provided to an employee. Prohibits leave taken under this section to which an employee is entitled from being deducted from any accrued leave.
(f) Prohibits the leave period provided by this section from extending beyond the earlier of the date the employee's employment with the junior college district or university system is suspended or ends or the second anniversary of the date of the assault.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: upon passage or September 1, 2011.