By: Talarico	H.B. No. 79

	A BILL TO BE ENTITLED
	AN ACT
	relating to employment leave for victims of domestic violence,
	sexual assault, and stalking.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Subtitle A, Title 2, Labor Code, is amended by
	adding Chapter 25 to read as follows:
	CHAPTER 25: EMPLOYMENT LEAVE FOR VICTIMS OF DOMESTIC VIOLENCE,
	SEXUAL ASSAULT, AND STALKING.
	Sec. 25.001.  GENERAL PROVISIONS. (a) An employer shall not
	discharge or in any manner discriminate against an employee for
	taking time off to serve as required by law on an inquest jury or
	trial jury, if the employee, prior to taking the time off, gives
	reasonable notice to the employer that the employee is required to
	serve.
	(b)  An employer shall not discharge or in any manner
	discriminate or retaliate against an employee, including, but not
	limited to, an employee who is a victim of a crime, for taking time
	off to appear in court to comply with a subpoena or other court
	order as a witness in any judicial proceeding.
	(c)  An employer shall not discharge or in any manner
	discriminate or retaliate against an employee who is a victim for
	taking time off from work to obtain or attempt to obtain any relief.
	Relief includes, but is not limited to, a temporary restraining
	order, restraining order, or other injunctive relief, to help
	ensure the health, safety, or welfare of the victim or their child.
	(d)(1)  As a condition of taking time off for a purpose set
	forth in subdivision (c), the employee shall give the employer
	reasonable advance notice of the employee's intention to take time
	off, unless the advance notice is not feasible.
	(2)  When an unscheduled absence occurs, the employer
	shall not take any action against the employee if the employee,
	within a reasonable time after the absence, provides a
	certification to the employer. Certification shall be sufficient
	in the form of any of the following:
	(a)  A police report indicating that the employee
	was a victim.
	(b)  A court order protecting or separating the
	employee from the perpetrator of the crime or abuse, or other
	evidence from the court or prosecuting attorney that the employee
	has appeared in court.
	(c)  Documentation from a licensed medical
	professional, domestic violence counselor, a sexual assault
	counselor, victim advocate, licensed health care provider, or
	counselor that the employee was undergoing treatment or receiving
	services for physical or mental injuries or abuse resulting in
	victimization from the crime or abuse.
	(d)  Any other form of documentation that
	reasonably verifies that the crime or abuse occurred, including but
	not limited to, a written statement signed by the employee, or an
	individual acting on the employee's behalf, certifying that the
	absence is for a purpose authorized under this section.
	(3)  To the extent allowed by law the employer shall
	maintain the confidentiality of any employee requesting leave.
	(e)  An employer shall not discharge or in any manner
	discriminate or retaliate against an employee because of the
	employee's status as a victim of crime or abuse, if the employee
	provides notice to the employer of the status or the employer has
	actual knowledge of the status.
	(f)(1)  An employer shall provide reasonable accommodations
	for a victim of domestic violence, sexual assault, or stalking, who
	requests an accommodation for the safety of the victim while at
	work.
	(2)  For purposes of this subdivision, reasonable
	accommodations may include the implementation of safety measures,
	including a transfer, reassignment, modified schedule, changed
	work telephone, changed work station, installed lock, assistance in
	documenting domestic violence, sexual assault, stalking, or other
	crime that occurs in the workplace, an implemented safety
	procedure, or another adjustment to a job structure, workplace
	facility, or work requirement in response to domestic violence,
	sexual assault, stalking, or other crime, or referral to a victim
	assistance organization.
	(3)  An employer is not required to provide a
	reasonable accommodation to an employee who has not disclosed the
	employee's status as a victim of domestic violence, sexual assault,
	or stalking.
	(4)  The employer shall engage in a timely, good faith,
	and interactive process with the employee to determine effective
	reasonable accommodations.
	(5)  In determining whether the accommodation is
	reasonable, the employer shall consider an exigent circumstance or
	danger facing the employee.
	SECTION 2:  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2023.