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A BILL TO BE ENTITLED
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AN ACT
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relating to parental leave for certain employees paid by employers |
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or insurance policies maintained by employers. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle B, Title 4, Labor Code, is amended by |
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adding Chapter 320 to read as follows: |
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CHAPTER 320. PAID PARENTAL LEAVE FOR CERTAIN EMPLOYEES |
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Sec. 320.001. DEFINITIONS. In this chapter: |
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(1) "Employee" means an individual who performs |
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services in this state for an employer for compensation under a |
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contract for hire, whether express or implied. The term does not |
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include an independent contractor or a state employee to which |
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Section 661.9125, Government Code, applies. |
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(2) "Employer" means a person that employs 50 or more |
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employees. |
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Sec. 320.002. PAID PARENTAL LEAVE FOR CERTAIN EMPLOYEES. |
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(a) This section applies only to an employee who, during the |
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preceding 12 months, has worked for the employer on a full-time |
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basis. |
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(b) Subject to Subsection (c), an employee to whom this |
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section applies is entitled, on request, to 60 days of paid leave |
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for the: |
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(1) birth of a child by the employee; |
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(2) birth of a child by the employee's spouse; |
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(3) birth of a child by a gestational surrogate; |
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(4) adoption of a child; or |
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(5) provision of foster care or kinship care to a child |
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younger than one year of age who is in the conservatorship of the |
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Department of Family and Protective Services. |
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(c) The amount of paid leave to which an employee is |
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entitled under Subsection (b) for each week of leave taken under |
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that subsection is an amount equal to the employee's average weekly |
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wage during the 12-month period preceding the first day that the |
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employee takes leave under that subsection. |
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(d) This section does not entitle an employee to leave in |
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addition to any leave the employee is entitled to under the federal |
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Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et |
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seq.). An employee is not entitled to paid leave under this section |
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for any period during which the employee is taking other paid leave. |
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(e) An employee may not take leave under this section: |
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(1) later than the first anniversary of the date of |
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birth or adoption of a child or placement of a child in foster care |
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or kinship care; or |
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(2) more than one time during a 12-month period. |
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(f) Notwithstanding any other provision of this section, an |
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employee who takes leave under this section for the purpose |
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described by Subsection (b)(1) may take the leave before the birth |
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of the child. |
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(g) An employer may not take an adverse employment action |
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against an employee because the employee has taken or plans to take |
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paid leave under this section. For purposes of this subsection, |
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"adverse employment action" includes termination or suspension of |
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the employee's employment, an action that affects the employee's |
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compensation, promotion, or performance evaluation, or any other |
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employment action that would dissuade a reasonable employee from |
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taking paid leave under this chapter. |
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Sec. 320.003. PAYMENT OF PAID PARENTAL LEAVE COSTS. (a) To |
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pay for the costs associated with paid leave required under Section |
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320.002, an employer may directly pay those costs or maintain an |
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insurance policy providing coverage for those costs in accordance |
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with this section. |
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(b) An employer electing to maintain an insurance policy |
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under Subsection (a) shall maintain a policy that provides |
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sufficient coverage for the employer's employees who are entitled |
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to paid leave under Section 320.002. To the extent the policy does |
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not cover the costs associated with paid leave required under |
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Section 320.002, the employer is liable for those costs. |
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(c) The commissioner of insurance may adopt rules |
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prescribing sufficient coverage requirements and reasonable rates |
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for an insurance policy described by this section. |
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Sec. 320.004. EXCEPTION. Notwithstanding any other |
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provision of this chapter, an employee is not entitled to paid leave |
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under Section 320.002, and an employer is not required to pay costs |
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associated with that leave under Section 320.003, if no insurer |
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authorized to engage in the business of insurance in this state |
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offers an insurance policy described by Section 320.003 by October |
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1 of the year preceding the year in which the paid leave requirement |
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would take effect. |
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SECTION 2. An employee is not entitled to paid leave under |
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Chapter 320, Labor Code, as added by this Act, before January 1, |
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2027. |
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SECTION 3. This Act takes effect September 1, 2025. |