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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring certain employers to provide paid sick leave |
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to employees; providing administrative penalties. |
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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. EARNED PAID SICK LEAVE |
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Sec. 83.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Workforce |
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Commission. |
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(2) "Employee" means a person employed by an employer |
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for compensation who works at least 80 hours in a calendar year. |
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The term includes a person who works through an employment agency, |
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as defined by Section 21.002, and a temporary help firm, as defined |
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by Section 201.011. The term does not include a person who is: |
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(A) an unpaid volunteer; or |
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(B) an independent contractor. |
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(3) "Employer" means a person who is engaged in an |
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industry affecting commerce and who employs one or more employees. |
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(4) "Family member" means: |
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(A) a person related to an employee within the |
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third degree by consanguinity or affinity, as described by |
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Subchapter B, Chapter 573, Government Code; or |
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(B) a person related to an employee by |
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consanguinity or affinity who lives in the employee's household. |
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(5) "Family violence" has the meaning assigned by |
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Section 71.004, Family Code. |
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(6) "Household" has the meaning assigned by Section |
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71.005, Family Code. |
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(7) "Sexual assault" means any conduct that |
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constitutes an offense under Section 22.011 or 22.021, Penal Code. |
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(8) "Stalking" means any conduct that constitutes an |
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offense under Section 42.072, Penal Code. |
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Sec. 83.002. APPLICABILITY OF CHAPTER. This chapter does |
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not apply to an employer who is: |
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(1) a state agency or political subdivision, as those |
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terms are defined by Section 21.002; or |
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(2) an agency of or a corporation wholly owned by the |
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federal government. |
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Sec. 83.003. PAID SICK LEAVE REQUIRED. Each employer shall |
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provide paid sick leave annually to each employee in this state |
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under the terms of this chapter. |
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Sec. 83.004. PAID SICK LEAVE ACCRUAL AND CARRYOVER. (a) |
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Paid sick leave under this chapter accrues beginning on the date of |
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hire at a rate of one hour of paid sick leave for each 30 hours |
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worked by an employee. |
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(b) An employer may not limit the maximum number of hours of |
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paid sick leave an employee may accrue to less than: |
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(1) 64 hours per calendar year, if the employer |
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employed at least 15 employees, not including family members, at |
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any time during the preceding calendar year; or |
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(2) 48 hours per calendar year, if the employer |
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employed fewer than 15 employees, not including family members, at |
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any time during the preceding calendar year. |
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(c) Each employee is entitled to carry over not more than |
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the number of hours specified in Subsection (b) of unused paid sick |
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leave from the current calendar year to the following calendar year |
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unless the employer elects to make paid sick leave available at the |
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beginning of a year as provided by Section 83.005(c). |
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(d) Sick leave hours carried over from a previous calendar |
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year must be immediately available to the employee in the following |
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calendar year. |
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Sec. 83.005. ENTITLEMENT TO USE PAID SICK LEAVE; |
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LIMITATIONS. (a) An employee is entitled to use accrued paid sick |
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leave under this chapter 60 calendar days after the date of hire, |
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unless the employer agrees to an earlier date. |
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(b) An employee is not entitled to use accrued paid sick |
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leave under this chapter on more than eight calendar days in any |
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calendar year. |
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(c) An employer may make immediately available to an |
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employee at the beginning of a year, quarter, or other period the |
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entire amount of paid sick leave that the employee is expected to |
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accrue during the year, quarter, or other period. |
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(d) At the employer's discretion, an employer may loan paid |
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sick leave time to an employee in advance of accrual by the |
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employee. |
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(e) On the mutual consent of the employee and employer, an |
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employee who chooses to work additional hours or shifts during the |
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same or following pay period, instead of hours or shifts missed, |
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does not use accrued paid sick leave. An employer may establish |
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incentives to encourage employees to work additional hours or |
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shifts as provided by this subsection instead of using accrued paid |
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sick leave. |
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(f) Unless an employee policy or collective bargaining |
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agreement provides for the payment of accrued fringe benefits on |
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termination, an employee is not entitled to payment of unused |
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accrued paid sick leave under this chapter on termination of |
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employment. |
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Sec. 83.006. PAY RATE FOR SICK LEAVE. Each employer shall |
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pay each employee for paid sick leave taken at a pay rate equal to |
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the normal hourly wage for that employee. The employee's normal |
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hourly wage may not be less than the amount required by Section |
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62.051. |
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Sec. 83.007. USE OF PAID SICK LEAVE. (a) An employee may |
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use paid sick leave accrued under this chapter if: |
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(1) the employee is ill, is injured, or has an |
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appointment with a health care provider; |
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(2) it is necessary for the employee to: |
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(A) care for a family member who is ill or |
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injured; or |
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(B) accompany a family member to an appointment |
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with a health care provider; or |
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(3) the employee or the employee's family member is a |
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victim of family violence, sexual assault, or stalking and the |
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employee or the family member needs to: |
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(A) receive medical attention; |
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(B) relocate the employee's or the family |
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member's residence; |
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(C) receive services from a victim services |
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organization; or |
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(D) participate in a legal proceeding or |
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court-ordered requirement relating to the family violence, sexual |
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assault, or stalking. |
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(b) An employer may adopt a reasonable procedure to verify |
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that the use of paid sick leave by an employee who uses the leave for |
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more than three consecutive work days meets the requirements of |
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this section. |
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(c) An employer may not require an employee to find another |
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employee to work during the time the employee intends to use paid |
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sick leave as a condition of using paid sick leave. |
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Sec. 83.008. NOTICE TO EMPLOYER. (a) If an employee's need |
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to use paid sick leave under this chapter is foreseeable, an |
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employer may require advance notice of the intention to use paid |
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sick leave. |
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(b) If an employee's need for paid sick leave is not |
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foreseeable, an employer may require the employee to give notice of |
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the intention to use paid sick leave under this chapter as soon as |
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practicable. |
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Sec. 83.009. EMPLOYER STATEMENT. (a) At least monthly, an |
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employer shall provide to each employee an electronic or written |
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statement that includes an accounting of the paid sick leave taken |
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by the employee and the current amount of paid sick leave available |
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to the employee. |
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(b) An employer shall retain records that document the |
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amount of paid sick leave accrued and taken by each employee. The |
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records must be maintained for the applicable period of time |
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required by 29 C.F.R. Part 516, Subpart A. |
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(c) This section does not create a new requirement for a |
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certified payroll. |
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Sec. 83.010. NOTICE TO EMPLOYEES. (a) An employer shall |
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include in the employer's employee handbook a notice containing an |
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employee's rights and remedies relating to paid sick leave required |
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by this chapter. |
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(b) This section does not require an employer to create an |
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employee handbook. |
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(c) An employer shall display in a conspicuous place, |
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accessible to employees, at the employer's place of business a |
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notice that describes the requirements of this chapter. The |
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commission by rule shall prescribe the form and content of the |
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notice. |
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Sec. 83.011. EMPLOYER COMPLIANCE. An employer is in |
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compliance with this chapter if the employer offers paid leave |
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that: |
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(1) may be used for the purposes described by Section |
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83.007; and |
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(2) is accrued at a rate equal to or greater than the |
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rate described by Section 83.004. |
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Sec. 83.012. BREAK IN SERVICE. (a) Termination of an |
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employee's employment by an employer, regardless of whether |
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voluntary or involuntary, is considered a break in service for |
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purposes of this chapter. |
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(b) An employee who is subsequently rehired by the employer |
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following a break in service: |
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(1) begins to accrue paid sick leave under this |
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chapter; and |
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(2) is not entitled to any unused hours of paid sick |
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leave that accrued before the employee's break in service, unless |
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the employee is rehired within six months of separation or the |
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employer agrees to reinstate all of the employee's previously |
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accrued paid sick leave. |
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Sec. 83.013. TRANSFER OF EMPLOYEE. (a) The transfer of an |
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employee to a separate division, entity, or location of the same |
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employer is not considered to be a break in service for purposes of |
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this chapter. |
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(b) Following a transfer described by Subsection (a), the |
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transferred employee is entitled to: |
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(1) retain all accrued paid sick leave under this |
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chapter; and |
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(2) immediately access the retained paid sick leave |
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without any waiting period. |
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Sec. 83.014. SUCCESSOR EMPLOYER. If an employer succeeds |
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or takes the place of an existing employer, employees of the former |
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employer who are employed by the successor are entitled to: |
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(1) retain all accrued paid sick leave under this |
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chapter; and |
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(2) immediately access the retained paid sick leave |
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without any waiting period. |
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Sec. 83.015. LIMITATIONS OF CHAPTER. This chapter does |
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not: |
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(1) prevent an employer from providing more paid sick |
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leave than is required under this chapter; |
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(2) prohibit an employer that provides paid leave in |
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addition to the paid sick leave required under this chapter from |
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restricting the purposes for which an employee may take that |
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additional leave; or |
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(3) diminish any rights provided to any employee under |
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a collective bargaining agreement. |
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Sec. 83.016. COLLECTIVE BARGAINING AGREEMENTS. A |
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collective bargaining agreement may waive the requirements of this |
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chapter by clear and unambiguous language within the agreement. |
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Sec. 83.017. RETALIATION PROHIBITED. An employer may not |
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take retaliatory personnel action or otherwise discriminate |
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against an employee because the employee: |
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(1) requests or uses paid sick leave in accordance |
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with this chapter; or |
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(2) files a complaint with the commission alleging the |
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employer's violation of this chapter. |
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Sec. 83.018. COMPLAINT; HEARING; ADMINISTRATIVE PENALTY. |
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(a) Any employee aggrieved by a violation of this chapter may file |
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a claim with the commission in the manner prescribed by Subchapter |
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D, Chapter 61. |
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(b) On receipt of a complaint, the commission shall |
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investigate and dispose of the complaint in the same manner as a |
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wage claim under Subchapter D, Chapter 61. |
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(c) An employer who is found by the commission, by a |
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preponderance of the evidence, to have violated Section 83.017 is |
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liable to the commission for an administrative penalty of $500 for |
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each violation. |
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(d) An employer who is found by the commission, by a |
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preponderance of the evidence, to have violated a provision under |
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this chapter other than Section 83.017 is liable to the commission |
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for an administrative penalty of not more than $100 for each |
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violation. |
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(e) If the commission finds that an employer violated |
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Section 83.017, the commission shall award to the employee all |
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appropriate relief, including payment for used paid sick leave, |
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rehiring or reinstatement to the employee's previous job, payment |
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of back wages, and reestablishment of employee benefits for which |
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the employee otherwise would have been eligible if the employee had |
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not been subject to retaliatory personnel action or other |
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discrimination. |
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(f) A complaint under this section must be brought not later |
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than the second anniversary of the date of the violation. |
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Sec. 83.019. INFORMATION FROM AND OUTREACH BY COMMISSION. |
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(a) The commission shall make available to the public on the |
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commission's Internet website information regarding: |
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(1) the requirements of and the rights and remedies |
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under this chapter; and |
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(2) best practices for employers with respect to paid |
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sick leave. |
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(b) The commission may conduct additional public outreach |
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efforts to inform employees and the public about this chapter. |
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SECTION 2. (a) The change in law made by this Act applies to |
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an employee hired on or after January 1, 2027. For an employee |
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hired before January 1, 2027, paid sick leave under Chapter 83, |
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Labor Code, as added by this Act, begins to accrue on that date, and |
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the employee may begin to use the paid sick leave 90 calendar days |
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after that date, unless the employer agrees to an earlier date. |
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(b) Chapter 83, Labor Code, as added by this Act, does not |
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preempt or override the terms of any collective bargaining |
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agreement effective before January 1, 2027. |
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SECTION 3. Not later than September 1, 2026, the Texas |
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Workforce Commission shall: |
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(1) prescribe the form and content of the notice |
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required by Section 83.010(c), Labor Code, as added by this Act; |
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(2) post on the commission's Internet website the |
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information required by Section 83.019(a), Labor Code, as added by |
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this Act; and |
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(3) adopt rules necessary to implement Chapter 83, |
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Labor Code, as added by this Act. |
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SECTION 4. (a) Except as provided by Subsection (b) of this |
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section, this Act takes effect January 1, 2027. |
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(b) Section 3 of this Act takes effect September 1, 2025. |