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A BILL TO BE ENTITLED
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AN ACT
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relating to unpaid leave for certain employees who experience a |
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miscarriage. |
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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. UNPAID LEAVE FOR MISCARRIAGE |
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Sec. 83.001. DEFINITIONS. In this chapter, "employee" and |
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"employer" have the meanings assigned by Section 61.001. |
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Sec. 83.002. LEAVE FOR CERTAIN EMPLOYEES WHO EXPERIENCE A |
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MISCARRIAGE. (a) An employee who is not entitled to any leave |
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under the federal Family and Medical Leave Act of 1993 (29 U.S.C. |
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Section 2601 et seq.) and who experiences a miscarriage is entitled |
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to 10 consecutive days of unpaid leave immediately following the |
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miscarriage. |
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(b) An employee shall provide notice to the employer of the |
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employee's intent to take unpaid leave under this section as soon as |
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is reasonably practicable. |
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(c) An employer may not require an employee to use any |
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applicable sick or vacation leave before the employee may take |
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leave under this section. |
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(d) An employer may require an employee who takes unpaid |
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leave under this section to provide a physician's statement or |
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other medical documentation upon the employee's return to work. |
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(e) An employer who violates this section commits an |
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unlawful employment practice under Subchapter B, Chapter 21. |
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SECTION 2. Chapter 83, Labor Code, as added by this Act, |
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applies only to an unlawful employment practice that occurs on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2023. |