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A BILL TO BE ENTITLED
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AN ACT
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relating to paid leave by certain state employees for the birth or |
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adoption of a child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 661.912, Government Code, is amended to |
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read as follows: |
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Sec. 661.912. FAMILY AND MEDICAL LEAVE ACT. (a) Except as |
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provided by Section 661.9125, to [To] the extent required by |
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federal law, a state employee who has a total of at least 12 months |
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of state service and who has worked at least 1,250 hours during the |
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12-month period preceding the beginning of leave under this section |
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is entitled to leave under the federal Family and Medical Leave Act |
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of 1993 (29 U.S.C. Section 2601 et seq.). |
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(b) The employee must first use all available and applicable |
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paid vacation and sick leave while taking leave under this section, |
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except that an employee who is receiving temporary disability |
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benefits or workers' compensation benefits or is taking paid leave |
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under Section 661.9125 is not required to first use applicable paid |
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vacation or sick leave while receiving those benefits or taking |
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paid leave under Section 661.9125. |
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SECTION 2. Subchapter Z, Chapter 661, Government Code, is |
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amended by adding Section 661.9125 to read as follows: |
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Sec. 661.9125. PAID PARENTAL LEAVE FOR CERTAIN EMPLOYEES. |
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(a) This section applies only to a state employee who: |
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(1) is a member of the Employees Retirement System of |
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Texas; and |
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(2) takes leave under Section 661.912 for the: |
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(A) birth of a child; |
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(B) birth of a child by the employee's spouse; |
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(C) birth of a child by a gestational surrogate; |
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or |
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(D) adoption of a child. |
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(b) Except as provided by Subsection (c), a state employee |
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who takes leave under Section 661.912 for the purpose of Subsection |
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(a)(2)(A) is entitled to 20 days of paid leave during leave taken |
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under that section. |
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(c) A state employee who takes leave under Section 661.912 |
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for the purpose of Subsection (a)(2)(B), (C), or (D) is entitled to |
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10 days of paid leave during leave taken under Section 661.912. |
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(d) This section does not entitle an employee to any leave |
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in addition to leave taken under Section 661.912. |
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(e) A state employee is not required to use all available |
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paid vacation and sick leave before the employee is entitled to take |
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paid leave under this section. |
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SECTION 3. This Act takes effect September 1, 2023. |