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A BILL TO BE ENTITLED
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AN ACT
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relating to the rights of an employee who is a victim of domestic |
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violence. |
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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 83 to read as follows: |
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CHAPTER 83. RIGHTS OF EMPLOYEES WHO ARE VICTIMS OF DOMESTIC |
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VIOLENCE |
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Sec. 83.001. DEFINITIONS. In this chapter: |
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(1) "Employee" means an individual, other than an |
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independent contractor, who, for compensation, performs services |
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for an employer under a written or oral contract of hire, whether |
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express or implied. |
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(2) "Employer" means a person who employs 25 or more |
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employees. |
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Sec. 83.002. RIGHT TO SEEK TREATMENT OR ATTEND COURT |
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PROCEEDINGS; NOTICE TO EMPLOYER. (a) An employee who is a victim |
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of domestic violence is entitled to time off from work as provided |
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by this chapter to seek treatment or counseling or attend court |
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proceedings related to the incident of domestic violence. |
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(b) An employee who is a victim of domestic violence is |
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entitled to three days of leave time for each incident of domestic |
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violence. |
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(c) An employee entitled to time off under this chapter |
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must, not later than the seventh day after the date of receiving |
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notice of the scheduling of an appointment for treatment or |
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counseling or a court proceeding, notify the employee's employer |
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that the employee will take the time off. |
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Sec. 83.003. USE OF LEAVE TIME. An employee may be required |
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by an employer to use existing vacation leave time, personal leave |
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time, or compensatory leave time for the purpose of an absence from |
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work authorized by this chapter. |
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Sec. 83.004. EFFECT ON EMPLOYEE BENEFITS. (a) Except as |
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provided by Subsection (b), an employer may not reduce the benefits |
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otherwise owed to an employee for any pay period because the |
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employee took time off during that pay period for the purpose of an |
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absence from work authorized by this chapter. |
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(b) An employer is not required to pay an employee for the |
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time the employee is absent from work under this chapter unless the |
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employee is using paid leave time. |
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Sec. 83.005. DOCUMENTATION. On return to work an employee |
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shall provide reasonable documentation to the employer on the |
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employer's request regarding the employee's absence from work to |
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seek treatment or counseling or attend court proceedings related to |
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the incident of domestic violence of which the employee was a |
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victim. |
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Sec. 83.006. REASONABLE WORKPLACE SAFETY ACCOMMODATIONS. |
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An employer shall make reasonable workplace safety accommodations |
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for an employee who is a victim of domestic violence, unless the |
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employer demonstrates that the workplace safety accommodation |
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would impose an undue hardship on the operation of the business of |
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the employer. |
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Sec. 83.007. 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 because the employee is |
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a victim of domestic violence or because the employee takes time off |
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from work or requests a reasonable workplace safety accommodation |
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as authorized 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; |
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(3) compensation for any monetary loss directly |
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resulting from the violation; |
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(4) reinstatement of any fringe benefits and seniority |
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rights lost because of the suspension or termination; |
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(5) if the employer's violation is wilful, payment by |
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the employer of court costs, reasonable attorney's fees, and |
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interest; and |
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(6) additional liquidated damages in an amount not to |
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exceed 25 percent of the amount to which an employee is otherwise |
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entitled under this section. |
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(c) An employer who raises the defense of undue hardship |
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bears the burden of establishing that an undue hardship exists in |
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relation to: |
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(1) the nature and cost of the workplace safety |
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accommodation; |
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(2) the overall financial resources of the employer; |
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(3) the effect on expenses and resources or any other |
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impact of the workplace safety accommodation on the operation of |
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the employer; and |
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(4) the overall size of the business of the employer |
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with respect to the number of employees and the number, type, and |
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location of its facilities. |
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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 in violation of Chapter 83, Labor |
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Code, as added by this Act, that occurs on or after the effective |
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date of this Act. A suspension, termination, or other adverse |
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employment action that is taken by an employer against an employee |
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before the effective date of this Act is governed by the law in |
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effect on the date the employment action is taken, and the former |
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law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |