House Bill No. 317 introduces a new chapter to the Texas Labor Code, specifically Chapter 83, which establishes an employee's right to take time off from work following a reproductive loss. This chapter defines key terms such as "employee," "employer," "gestational mother," and "surrogacy agreement," and outlines the applicability of the law. Employees who have been employed for at least 30 days and would have been parents due to pregnancy or adoption are entitled to five days of leave within three months of experiencing a reproductive loss, which includes miscarriages, stillbirths, unsuccessful assisted reproduction procedures, and issues related to adoption or gestational agreements.

The bill also stipulates that employers cannot require employees to use accrued leave for this time off, nor are they required to compensate employees during this leave. Employers are prohibited from retaliating against employees who take this leave or participate in related investigations. Additionally, the bill mandates that employers inform their employees of this right and maintain confidentiality regarding any leave taken under this chapter. The provisions of this act will take effect on September 1, 2025, and apply to any adverse employment actions taken due to absences related to reproductive loss occurring on or after that date.

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