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AN ACT
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relating to an unlawful employment practice by an employer whose |
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leave policy does not permit an employee to use leave to care for |
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the employee's foster child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 21, Labor Code, is amended |
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by adding Section 21.0595 to read as follows: |
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Sec. 21.0595. DISCRIMINATORY LEAVE POLICY AFFECTING |
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EMPLOYEE'S ENTITLEMENT TO PERSONAL LEAVE TO CARE FOR SICK FOSTER |
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CHILD. An employer commits an unlawful employment practice if: |
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(1) the employer administers a leave policy under |
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which an employee is entitled to personal leave to care for or |
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otherwise assist the employee's sick child; and |
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(2) the leave policy described by Subdivision (1) does |
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not treat in the same manner as an employee's biological or adopted |
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minor child any foster child of the employee who: |
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(A) resides in the same household as the |
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employee; and |
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(B) is under the conservatorship of the |
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Department of Family and Protective Services. |
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SECTION 2. Section 21.0595, Labor Code, as added by this |
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Act, applies only to a claim of discrimination based on conduct that |
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occurs on or after the effective date of this Act. A claim of |
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discrimination that is based on conduct that occurs before the |
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effective date of this Act is governed by the law in effect on the |
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date the conduct occurred, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2017. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 88 was passed by the House on April |
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13, 2017, by the following vote: Yeas 136, Nays 2, 3 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 88 was passed by the Senate on May 12, |
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2017, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |