Bill Text: TX HB1219 | 2011-2012 | 82nd Legislature | Introduced

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Bill Title: Relating to the right of an employee to time off from work if the employee or the employee's child is a victim of family violence or a violent felony offense.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-03-01 - Referred to Economic & Small Business Development [HB1219 Detail]

Download: Texas-2011-HB1219-Introduced.html

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82R4563 KSD-F
By: Miles H.B. No. 1219

A BILL TO BE ENTITLED
AN ACT
relating to the right of an employee to time off from work if the
employee or the employee's child is a victim of family violence or a
violent felony offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
adding Chapter 84 to read as follows:
CHAPTER 84. EMPLOYEE RIGHT TO TIME OFF FOLLOWING VIOLENCE AGAINST
EMPLOYEE OR EMPLOYEE'S CHILD
Sec. 84.001. DEFINITIONS. In this chapter:
(1) "Employee" has the meaning assigned by Section
21.002(7).
(2) "Employer" has the meaning assigned by Section
21.002(8).
(3) "Family violence" has the meaning assigned by
Section 71.004, Family Code.
(4) "Violent felony offense" means an offense under:
(A) Section 20.04(a)(4), Penal Code, if the
offense is committed with the intent to violate or abuse the victim
sexually;
(B) Section 21.11, Penal Code;
(C) Section 22.011, Penal Code;
(D) Section 22.021, Penal Code;
(E) Section 30.02, Penal Code, if the offense is
punishable under Subsection (d) of that section; or
(F) Section 43.25, Penal Code.
Sec. 84.002. APPLICATION. This chapter applies only to an
employee:
(1) who is a victim of family violence or a violent
felony offense; or
(2) whose child is a victim of family violence or a
violent felony offense.
Sec. 84.003. RIGHT TO TIME OFF; LIMITATIONS. (a) Except as
provided by Subsections (b), (c), and (d), an employee to whom this
chapter applies is entitled to time off as provided by this section
to:
(1) seek medical attention for, or recover from,
physical or psychological injuries suffered by the employee or the
employee's child as a result of family violence or a violent felony
offense;
(2) obtain services from a victim services
organization for the employee or the employee's child in relation
to the occurrence of family violence or a violent felony offense;
(3) obtain psychological or other counseling for the
employee or the employee's child in relation to the occurrence of
family violence or a violent felony offense;
(4) participate in safety planning or temporary or
permanent relocation or take any other action necessary to increase
the safety of the employee or the employee's child or to ensure the
employee or child's economic security following the occurrence of
family violence or a violent felony offense; or
(5) seek legal assistance or remedies to ensure the
health and safety of the employee or the employee's child,
including preparing for or participating in any civil or criminal
legal or investigative proceeding relating to the occurrence of
family violence or a violent felony offense.
(b) Before taking time off under this section, an employee
must provide the employer with at least 48 hours advance written
notice of the planned absence of the employee, unless providing
advance notice is not feasible.
(c) An employer may require an employee who is taking time
off under this chapter to report periodically to the employer on the
status and intention of the employee to return to work.
(d) An employee is entitled under this section to not more
than 30 work days of leave in any 12-month period.
Sec. 84.004. CERTIFICATION. (a) An employer may require an
employee to provide, within a reasonable time after the employee's
initial absence from work, certification to the employer that:
(1) the employee or the employee's child is a victim of
family violence or a violent felony offense; and
(2) the time off from work requested by the employee is
being used by the employee to engage in an activity described by
Section 84.003(a).
(b) An employee may satisfy the requirements of Subsection
(a) by providing to the employer a sworn statement by the employee
and the following documentation attesting to the circumstances:
(1) medical documentation;
(2) a police report; or
(3) an active protective order.
Sec. 84.005. USE OF LEAVE TIME. An employee who has
existing vacation leave time, personal leave time, sick leave time,
or compensatory leave time must use that leave time for a planned
absence authorized by this chapter.
Sec. 84.006. EFFECT ON EMPLOYEE PAY AND BENEFITS. (a) An
employer is not required to compensate an employee during a planned
absence authorized by this chapter unless the employee is using
leave time under Section 84.005.
(b) An employer shall maintain any health coverage provided
by the employer to the employee or a member of the employee's family
or household under any group health plan for the duration of the
employee's absence under this chapter.
(c) The employer may recover the premium that the employer
paid for maintaining health coverage under Subsection (b) if the
employee fails to return to work after the period of time off to
which the employee is entitled under this chapter has expired for a
reason other than the continuation, recurrence, or onset of family
violence or a violent felony offense.
(d) An employer may require an employee who claims the
employee is unable to return to work because of the continuation,
recurrence, or onset of family violence or a violent felony offense
to provide, within a reasonable time after making the claim,
certification to the employer that the employee is unable to return
to work because of that reason. An employee may satisfy the
certification requirement by providing to the employer a sworn
statement by the employee and the following documentation attesting
to the circumstances:
(1) medical documentation;
(2) a police report; or
(3) an active protective order.
Sec. 84.007. CONFIDENTIALITY. An employer shall maintain
the confidentiality of the fact that an employee has requested or
obtained time off under this chapter and any written document or
record submitted to the employer by the employee relating to a
request for time off under this chapter, except to the extent that
disclosure is:
(1) requested or consented to in writing by the
employee; or
(2) required by other state or federal law.
Sec. 84.008. ENTITLEMENT ON RETURN TO WORK. (a) On
returning from time off under this chapter, an employee is entitled
to:
(1) reinstatement to the employee's former position or
a position that is comparable in terms of compensation, benefits,
and other conditions of employment; and
(2) any benefits accrued by the employee before the
employee's time off under this chapter.
(b) This section does not entitle the employee to:
(1) any seniority or employment benefit that would
have accrued during the employee's time off under this section; or
(2) any other right, benefit, or position of
employment other than a right, benefit, or position the employee
accrued before the employee took the time off under this chapter.
Sec. 84.009. EMPLOYER RETALIATION PROHIBITED. (a) An
employer may not suspend or terminate the employment of, or
otherwise discriminate against, an employee who takes time off
authorized by this chapter if the employee has provided written
notice or certification as required by this chapter.
(b) An employee whose employment is suspended or terminated
in violation of this chapter is entitled to:
(1) reinstatement to the employee's former position or
a position that is comparable in terms of compensation, benefits,
and other conditions of employment;
(2) compensation for wages lost during the period of
suspension or termination; and
(3) reinstatement of any fringe benefits and seniority
rights lost because of the suspension or termination.
Sec. 84.010. NOTICE TO EMPLOYEES. (a) Each employer shall
inform its employees of their rights under this chapter by posting a
conspicuous sign in a prominent location in the employer's
workplace.
(b) The Texas Workforce Commission by rule shall prescribe
the design and content of the sign required by this section.
SECTION 2. This Act applies only to a suspension,
termination, or other adverse employment action that is taken by an
employer against an employee because of an employee absence
authorized under Chapter 84, Labor Code, as added by this Act, that
occurs on or after the effective date of this Act. A suspension,
termination, or other adverse employment action that is taken by an
employer against an employee before the effective date of this Act
is governed by the law in effect on the date that the employment
action is taken, and the former law is continued in effect for that
purpose.
SECTION 3. This Act takes effect September 1, 2011.