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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 employee to time off from work if the |
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employee or the employee's child is a victim of family violence or a |
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violent felony offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 2, Labor Code, is amended by |
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adding Chapter 84 to read as follows: |
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CHAPTER 84. EMPLOYEE RIGHT TO TIME OFF FOLLOWING VIOLENCE AGAINST |
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EMPLOYEE OR EMPLOYEE'S CHILD |
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Sec. 84.001. DEFINITIONS. In this chapter: |
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(1) "Employee" has the meaning assigned by Section |
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21.002(7). |
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(2) "Employer" has the meaning assigned by Section |
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21.002(8). |
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(3) "Family violence" has the meaning assigned by |
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Section 71.004, Family Code. |
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(4) "Violent felony offense" means an offense under: |
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(A) Section 20.04(a)(4), Penal Code, if the |
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offense is committed with the intent to violate or abuse the victim |
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sexually; |
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(B) Section 21.11, Penal Code; |
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(C) Section 22.011, Penal Code; |
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(D) Section 22.021, Penal Code; |
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(E) Section 30.02, Penal Code, if the offense is |
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punishable under Subsection (d) of that section; or |
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(F) Section 43.25, Penal Code. |
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Sec. 84.002. APPLICATION. This chapter applies only to an |
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employee: |
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(1) who is a victim of family violence or a violent |
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felony offense; or |
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(2) whose child is a victim of family violence or a |
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violent felony offense. |
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Sec. 84.003. RIGHT TO TIME OFF; LIMITATIONS. (a) Except as |
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provided by Subsections (b), (c), and (d), an employee to whom this |
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chapter applies is entitled to time off as provided by this section |
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to: |
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(1) seek medical attention for, or recover from, |
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physical or psychological injuries suffered by the employee or the |
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employee's child as a result of family violence or a violent felony |
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offense; |
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(2) obtain services from a victim services |
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organization for the employee or the employee's child in relation |
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to the occurrence of family violence or a violent felony offense; |
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(3) obtain psychological or other counseling for the |
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employee or the employee's child in relation to the occurrence of |
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family violence or a violent felony offense; |
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(4) participate in safety planning or temporary or |
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permanent relocation or take any other action necessary to increase |
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the safety of the employee or the employee's child or to ensure the |
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employee or child's economic security following the occurrence of |
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family violence or a violent felony offense; or |
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(5) seek legal assistance or remedies to ensure the |
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health and safety of the employee or the employee's child, |
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including preparing for or participating in any civil or criminal |
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legal or investigative proceeding relating to the occurrence of |
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family violence or a violent felony offense. |
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(b) Before taking time off under this section, an employee |
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must provide the employer with at least 48 hours advance written |
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notice of the planned absence of the employee, unless providing |
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advance notice is not feasible. |
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(c) An employer may require an employee who is taking time |
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off under this chapter to report periodically to the employer on the |
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status and intention of the employee to return to work. |
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(d) An employee is entitled under this section to not more |
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than 30 work days of leave in any 12-month period. |
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Sec. 84.004. CERTIFICATION. (a) An employer may require an |
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employee to provide, within a reasonable time after the employee's |
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initial absence from work, certification to the employer that: |
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(1) the employee or the employee's child is a victim of |
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family violence or a violent felony offense; and |
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(2) the time off from work requested by the employee is |
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being used by the employee to engage in an activity described by |
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Section 84.003(a). |
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(b) An employee may satisfy the requirements of Subsection |
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(a) by providing to the employer a sworn statement by the employee |
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and the following documentation attesting to the circumstances: |
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(1) medical documentation; |
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(2) a police report; or |
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(3) an active protective order. |
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Sec. 84.005. USE OF LEAVE TIME. An employee who has |
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existing vacation leave time, personal leave time, sick leave time, |
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or compensatory leave time must use that leave time for a planned |
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absence authorized by this chapter. |
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Sec. 84.006. EFFECT ON EMPLOYEE PAY AND BENEFITS. (a) An |
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employer is not required to compensate an employee during a planned |
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absence authorized by this chapter unless the employee is using |
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leave time under Section 84.005. |
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(b) An employer shall maintain any health coverage provided |
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by the employer to the employee or a member of the employee's family |
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or household under any group health plan for the duration of the |
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employee's absence under this chapter. |
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(c) The employer may recover the premium that the employer |
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paid for maintaining health coverage under Subsection (b) if the |
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employee fails to return to work after the period of time off to |
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which the employee is entitled under this chapter has expired for a |
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reason other than the continuation, recurrence, or onset of family |
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violence or a violent felony offense. |
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(d) An employer may require an employee who claims the |
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employee is unable to return to work because of the continuation, |
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recurrence, or onset of family violence or a violent felony offense |
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to provide, within a reasonable time after making the claim, |
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certification to the employer that the employee is unable to return |
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to work because of that reason. An employee may satisfy the |
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certification requirement by providing to the employer a sworn |
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statement by the employee and the following documentation attesting |
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to the circumstances: |
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(1) medical documentation; |
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(2) a police report; or |
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(3) an active protective order. |
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Sec. 84.007. CONFIDENTIALITY. An employer shall maintain |
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the confidentiality of the fact that an employee has requested or |
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obtained time off under this chapter and any written document or |
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record submitted to the employer by the employee relating to a |
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request for time off under this chapter, except to the extent that |
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disclosure is: |
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(1) requested or consented to in writing by the |
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employee; or |
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(2) required by other state or federal law. |
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Sec. 84.008. ENTITLEMENT ON RETURN TO WORK. (a) On |
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returning from time off under this chapter, an employee is entitled |
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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; and |
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(2) any benefits accrued by the employee before the |
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employee's time off under this chapter. |
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(b) This section does not entitle the employee to: |
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(1) any seniority or employment benefit that would |
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have accrued during the employee's time off under this section; or |
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(2) any other right, benefit, or position of |
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employment other than a right, benefit, or position the employee |
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accrued before the employee took the time off under this chapter. |
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Sec. 84.009. EMPLOYER RETALIATION PROHIBITED. (a) An |
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employer may not suspend or terminate the employment of, or |
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otherwise discriminate against, an employee who takes time off |
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authorized by this chapter if the employee has provided written |
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notice or certification as required by this chapter. |
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(b) An employee whose employment is suspended or terminated |
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in violation of this chapter 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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Sec. 84.010. NOTICE TO EMPLOYEES. (a) Each employer shall |
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inform its employees of their rights under this chapter by posting a |
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conspicuous sign in a prominent location in the employer's |
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workplace. |
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(b) The Texas Workforce Commission by rule shall prescribe |
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the design and content of the sign required by this section. |
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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 Chapter 84, Labor Code, as added by this Act, that |
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occurs on or after the effective date of this Act. 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 before the effective date of this Act |
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is governed by the law in effect on the date that the employment |
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action is taken, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2011. |