Texas Takes Aim at Unequal Treatment of Employees with Foster Children

Currently, in Texas, if an employer administers a leave policy that allows employees to take time off to care for or assist a sick child, employers are not necessarily obligated to treat foster children in the same manner as biological or adopted minor children. According to the Senate Research Center, “[t]his has resulted in unequal treatment of employees who wish to use their leave policy in order to care for their foster children” with such employees often being denied after leave.  

Now pursuant to House Bill 88, an employer will commit an unlawful employment practice if:

• The employer administers a leave policy under which an employee is entitled to personal leave to care for or otherwise assist the employee's sick child; and
• The leave policy described by the bullet above does not treat in the same manner as an employee's biological or adopted minor child any foster child of the employee who:  (A) resides in the same household as the employee; and (B) is under the conservatorship of the state Department of Family and Protective Services.

 Coverage:  Employers with 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

Effective:   September 1, 2017

Action Required:  You should update your leave policy to include notice of an employee’s right to take leave to care for or assist his/her sick foster child and explain that the leave is provided to the same extent as leave to care for or assist a sick biological or adopted child.  You should also ensure that your supervisors are prepared to receive such requests for leave and/or promptly report them to the appropriate company official.