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Texas - Compensation & Benefit Legislation

TEXAS - AASHOWME

Demonstrates www.BenefitsReview.com™ site. Illustrates insurance carriers' coverages within the State.

 

TEXAS - ADOPTED CHILD HEALTH CARE MANDATE

OBRA 1993 (Federal) requires group health plans to honor medical and child support orders. Also, plans must treat adopted children like biological children covered by the plan, and plans are precluded from applying pre-existing condition exclusions to an adopted child where no such exclusion applies to a newborn biological child. Health plans that covered the cost of pediatric vaccines as of May 1, 1993, and fail to continue that level of coverage, will be subject to an excise tax penalty applicable to plans that fail to meet the health care continuation coverage requirements under OBRA 1993.

 

Mandatory coverage of birth of adopted children and grandchildren is included in state's newborn health care mandate.

 

Preventive care for children: No.

 

(Texas Insurance Code Ann. art. 3.51-6, Sections 3A(a), 3B, 3D, 3E, art. 3.70-2)

 

TEXAS - ALCOHOLISM & DRUG ABUSE

Mandatory coverage.

 

Minimum yearly inpatient coverage: Policy must provide coverage that is not less than the coverage it provides for physical illness.

 

Minimum yearly outpatient coverage: Policy must provide coverage that is no less than the coverage it provides for physical illness.

 

Minimum lifetime coverage: 3 separate series of treatments for each covered individual.

 

(Tex. Ins. Code Ann. art. 3.51-9)

 

TEXAS - CAFETERIA PLAN TAX LAWS

State income tax, unemployment insurance tax on salary reduction: Texas has no personal income tax. State Unemployment Insurance law has no specific provisions on cafeteria plans, but employer contributions toward retirement, health and accident, and life insurance plans are not taxable, even if the benefits are provided through a cafeteria plan. Employee salary reductions for the purchase of group-term life insurance are taxable.

 

TEXAS - CONTINUATION OF COVERAGE CONVERSIONS

Events Triggering Continuation of Coverage:

 

TEXAS - COORDINATION OF BENEFITS

Requires use of the birthday rule if coordinating benefits. Based on 1986 National Association of Insurance Commissioner Rules model. (Texas Admin. Code Section 3.3508)

 

TEXAS - COST-OF-LIVING

ERI's Relocation Assessor™ is a recommended source for U.S./Canadian cost-of-living data and U.S. Automobile Cost Survey.

 

TEXAS - DRUG TESTING AND EMPLOYEE ASSISTANCE BENEFITS

State has no statutory requirements.

 

TEXAS - GROUP HEALTH CODE ADDITIONS (MANDATED)

Adopted Children: Accident and sickness policies covering family members cannot exclude a child solely because the child is adopted. (Texas Insurance Code Ann. Section 3.51-6(3D), 3.70-2(K).)

 

AIDS: Insurers may not cancel a policy during its term solely because the insured is being treated for HIV or AIDS. (Texas Insurance Code Ann. Section 3.70-3A.) Accident or sickness policies may not be canceled or not renewed solely because the insured is diagnosed with AIDS. (Texas Insurance Code Ann. Section 3.51-6(3c).)

 

Alcoholism and Drug Abuse Treatment: Group policies must cover necessary care and treatment of chemical dependency on a basis not less favorable than for physical illness generally. Self-insured or self-funded policies covering employers with 250 or fewer employees are exempted. (Texas Insurance Code Ann. Section 3.51-9.)

 

Breast Conditions: Individuals with fibrocystic breast conditions must not, on the basis of their conditions, be denied insurance coverage; refused insurance policy renewals; canceled from insurance policies; limited in the amount, extent, or kind of coverage available for any other breast conditions; or charged a different rate for the same coverage. (S182, 1995) (Texas Insurance Code Ann. Section 21.21-6.) Breast Reconstruction: Effective January 1, 1998, group health policies (HMOs included) which provide coverage for mastectomy also must provide coverage for mastectomy also must provide coverage for breast reconstruction. Coverage for breast reconstruction includes surgery on the breast with a mastectomy was performed, as well as surgery on the other breast on which a mastectomy was not performed. Financial incentives must not be offered to encourage individuals to forgo breast reconstruction surgery. (S217, 1997) (Texas Insurance Code Ann. Section 21.53D.)

 

Coverage Continuation or Conversion: Group policies must provide continuation and subsequent conversion rights to employees terminating coverage for any reason except involuntary termination for themselves and their dependents. Group policies that provide conversions rights to the insured upon termination of employment must provide such rights to spouses and dependents ineligible due to death of the insured or dissolution of marriage. Exclusions or limitations may only apply to a disease of physical condition for which medical advice or treatment was received by the person during the 12 months prior to effective date of the coverage. Insurers are not required to issue a conversion policy covering someone who is, or could be, covered by Medicare; the person is covered for similar benefits by another plan or service, or in accordance with state or federal law; or if the inclusion of a conversion policy would result in over insurance. (Texas Insurance Code Ann. Section 3.51-6.)

 

Cranio-Facial Abnormalities: Health benefit plans that provide medical and surgical expenses benefits to minors under age 18 must define reconstructive surgery for cranio-facial abnormalities under the plan to mean surgery to improve the function of an abnormal structure caused by congenital defects, developmental deformities, trauma, or disease. (Texas Insurance Code Ann. Section 21.53W)

 

Diabetes: Effective January 1, 1998, health insurers (HMOs included) which provide benefits for the treatment of diabetes provide coverage for diabetes equipment, supplies, and self-management training program. Covered diabetes equipment and supplies include blood glucose monitors; insulin pumps and associated appurtenances; insulin infusion devices; podiatric appliances; test strips for blood glucose; monitors; visual reading and urine test strips; lancets and lancet devices; insulin and insulin analogs; injection aids; syringes; prescriptive and non-prescriptive oral agents; and glucagon emergency kits. Also, new or improved diabetes equipment or supplies must be covered if deemed medically necessary and appropriate by a physician or other health care practitioner. (S163, 1997) (Texas Insurance Code Ann. Section 21.53G.)

 

Domestic Violence: Effective January 1, 1998, health insurers (HMOs included) must not deny, refuse to renew or cancel or limit the amount, extent, or kind of coverage available to an individual who is a victim of family violence. Family violence is defined as an act against an individual who resides with or formerly resided with a person who willfully caused or attempted to cause bodily injury to a person, caused a person to fear bodily injury, or committed sexual acts with a person under age 16 who is not the spouse of the person who committed the act. (H839, 1997) (Texas Insurance Code Ann. Section 21.21-5.)

 

Full-Time Students: Effective January 1, 1998, group health policies (HMOs included) which condition dependent coverage for individuals age 21 or over upon full-time student status at an educational institution must provide such students with continuous coverage for an entire academic term if such persons begin an academic year as full-time students and maintain that status. Students, however, may maintain dependent coverage even if their class load falls to less than full-time status during the course of the academic term. Continuous coverage for such students must be maintained until the 10th day of instruction of the subsequent academic term at which time coverage may be terminated if a student has not been restored to full-time status prior to that date. (H864, 1997) (Texas Insurance Code Ann. Section 21.24-2.)

 

Grandchildren: A policy covering children of the policyholder must cover any children of the policyholder's children if those children are dependents of the policyholder for federal tax purposes. (Texas Insurance Code Ann. Section 3.51-6(3E).)

 

Handicapped Dependents: Coverage for dependent children cannot be terminated while a person is incapable of employment due to mental retardation or physical handicap and chiefly dependent on the insured. (Texas Insurance Code Ann. Section 3.70-2( C).)

 

Health Maintenance Organizations: Disclosure of Information: HMOs must not prohibit, attempt to prohibit, or discourage physicians, dentists, or other providers from providing current, prospective, or former patients or designated parties with specified good faith communications. Information which HMOs must allow to be communicated include provisions and services offered by an HMO and information pertaining to patient health care, medical conditions, and treatment options. HMOs must not penalize, terminate, or refuse to compensate physicians for supplying this information. (H812, 1997) (Texas Insurance Code Ann. Section 241.1015.) Evidence of Coverage: Effective January 1, 1998, insurers or HMOs must issue an evidence of coverage to plan participants. Evidences of coverages must clearly state medical services to which an individual is entitled, plan limitations, information available pertaining to services, and complaint resolution procedures. (H3269) (Texas Insurance Code Ann. Section 20A.09.)

 

Home Health Care: Insurers must offer group accident and sickness policyholders coverage for such care including 60 visits per year rendered in lieu of confinement in a hospital or skilled nursing facility. (Texas Insurance Code Ann. Section 3.70-3B.)

 

In Vitro Fertilization: Insurers must offer group policyholders with pregnancy-related benefits coverage for outpatient treatment. (Texas Insurance Code Ann. Section 3.51-6(3A)(a).)

 

Mammography Screening: Accident and sickness policies must cover such screening as described. (Texas Insurance Code Ann. Section 3.70-2(H).)

 

Managed Care Plans: Pharmaceutical Services: Managed care plans must allow enrollees to select pharmacies or pharmacists of their choice, and must not deny pharmacies or pharmacists the right to participate as contract providers. (S628, 1995) (Texas Insurance Code Ann. Section 21.52B(6).)

 

Mastectomy: Effective January 1, 1998, group health policies (HMOs included) which provide benefits for breast cancer treatments must cover a minimum of 48 hours of inpatient care following a mastectomy and a minimum of 24 hours of inpatient care following a lymph node dissection. Shorter periods of inpatient care are permissible if determined appropriate by a patient and an attending physician. Policies must not provide patients or attending physicians with financial or other incentives which encourage an individual to accept less than minimum coverage. (H349, 1997) (Texas Insurance Code Ann. Section 21.52G.)

 

Maternity: Effective January 1, 1998, health care policies (HMOs included) which cover maternity care, including benefits for childbirth, must provide benefits for inpatient care in a health care facility for a mother and her newborn child for a minimum of 48 hours following an uncomplicated vaginal delivery and for a minimum of 96 hours following an uncomplicated Caesarean section. Early discharges are allowable for a mother or a newborn child, but in such cases, timely post delivery care must be provided; post delivery care includes parent education, assistance and training in breast feeding and bottle feeding, and any necessary and appropriate clinical tests. (H102, 1997) (Texas Insurance Code Ann. Section 21.53F.)

 

Mental Health: Accident or sickness policies on an expense incurred basis must cover inpatient treatment of the following serious mental illness, as defined by the American Psychiatric Association: schizophrenia; paranoid and other psychotic disorders; bipolar disorders (mixed, manic, and depressive); major depressive disorders (single episode or recurrent): and schizo-affective disorders (bipolar or depressive.) (Texas Insurance Code Ann. Section 3.51-14.) Insurers must offer group accident and sickness policyholders coverage for treatment of mental or emotional disorders in hospitals or psychiatric day treatment facilities. (Texas Insurance Code Ann. Section 3.70-2(F). Effective January 1, 1998, covered mental health benefits under group plans (HMOs included) must include 45 days of inpatient treatment and must include 60 outpatient treatment visits. Lifetime limits on the duration of inpatient or outpatient treatment is prohibited. Coverage is not required for addictions to controlled substances or marijuana. (H1173, 1997) (Texas Insurance Code Ann. Section 3.51-14.)

 

Newborns: Accident and sickness policies covering newborn children or maternity benefits cannot limit initial coverage of a newborn for a period of time or limit or exclude coverage of congenital defects of a newborn. (Texas Insurance Code Ann. Section 3.70-2(E).)

 

Osteoporosis: To determine an individual's risk of developing osteoporosis, policies must provide coverage for bone mass measurement to post menopausal women who are not receiving estrogen replacement treatments. Screening for osteoporosis must be available to individuals with vertebral abnormalities, primary hyperparathyroidism, a history of fractures, and to those receiving long term glucocorticoid therapy, or being monitored on approved medication for treatment of osteoporosis. (S607, 1995) (Texas Insurance Code Ann. Section 21.53C.)

 

Phenylketonuria: Policies must cover formulas necessary for the treatment of phenylketonuria to the same extent as for prescription drugs. (Texas Insurance Code Ann. Section 3.79.)

 

Policies for Small Employers: Group policies for employers with 250 or fewer employees are exempt from Section 3.51-9 covering alcoholism and drug abuse treatment. (Texas Insurance Code Ann. Section 3.51-9.) Small employer carriers must provide small employers with health benefit plans without regard to claims experience, health status, or medical history. (Texas Insurance Code Ann. Sections 26.21(a), 26.21(b).) To be eligible, small employers must pay at least 75 percent of the premium for its eligible employees and at least 75 percent of the eligible employees must elect to be covered; under certain specified exceptions, an employer may offer such plans even if less that 75 percent of the eligible employees participate. (H369, 1995) (Texas Insurance Code Ann. Section 26.02(8), (12), (23), (25).) Small employers are not required, but this chapter, to purchase health insurance coverage for its employees. (Texas Insurance Code Ann. Sections 26.21(a), 26.21(b).) Definition: A small employer is an organization which employed an average of at least two but not more than 50 eligible employees on business days during the preceding calendar year and which employs at least two eligible employees on the first day of the plan year. Cooperatives: Two or more small employers may form a cooperative for the purchase of small employer health benefit plans; a cooperative must be organized as a non-profit corporation. (H369, 1995) (Texas Insurance Code Ann. Section 26.02(8), (12), (23) (25).) Pre-existing Conditions: Under small employer health benefit plans, pre-existing condition provisions must not apply to coverage for disease or condition other than those for which medical advice, diagnosis, care, or treatment was recommended or received during the six months before the effective date of coverage or the first day of the waiting period. Genetic Information and Pregnancy: Small employer carriers must not treat genetic information (in the absence of a diagnosis of the condition related to the information) and pregnancy as pre-existing conditions. (H1212,1997) (Texas Insurance Code Ann. Section 26.01, .02.)

 

Prostate Cancer Screening: Effective January 1, 1998, health insurers (HMOs included) must provide coverage for annual medically recognized diagnostic examinations and prostate specific antigen tests for the detection of prostate cancer for asymptomatic males who are at least 50 years of age or for males who are at least 40 years of age and have prostate cancer risk factors. (S258, 1997) (Texas Insurance Code Ann. Section 21.53F.)

 

Providers: Psychiatric Day Facilities: Group accident and sickness policies that cover inpatient treatment of mental or emotional illness or disorders must cover such care provided by a psychiatric day treatment facility. One day of inpatient care equals two days of treatment in such a facility. (Texas Insurance Code Ann. Section 3.70-2(F).) Residential Treatment Centers for Children and Adolescents and Crisis Stabilization Units: Group accident and sickness policies that cover inpatient treatment of mental or emotional disorders must cover such care provided by such centers and units under the circumstances described. Two days in such a facility equals one inpatient hospital day. (Texas Insurance Code Ann. Section 3.72.) State Psychiatric Institutions: Policies that cover mental illness or retardation must cover treatment in such institutions. (Texas Insurance Code Ann. Section 3.70-2(D).) Osteopaths, Dentists, Chiropractors, Optometrists, Podiatrists, Speech Pathologists, Psychologists, Certified Social Workers, Dietitians, Chemical Dependence Counselors, Psychological Associates, Audiologists, Marriage and Family Therapists, Hearing Aid Fitters, and Professional Counselors: Costs for services must be covered if licensed, the service is within the provider's scope of services, the service is covered by the policy, and providers are specifically recognized by the policy. (S1514, 1995) (Texas Insurance Code Ann. Section 3.70-2(B).) Insurers must not make insurance coverage contingent upon treatment or examination by particular practitioners unless a policy contains provisions stating which practitioners are acceptable. (S1410, S1514, 1995) (Texas Insurance Code Ann. Section 3.70-2(B).) Obstetricians or Gynecologists: Health insurers (including HMOs) must permit covered women to select, in addition to primary care physicians, an obstetrician or a gynecologist to supply her gynecological or obstetrical needs. Women must be allowed to direct access to obstetrical or gynecological services without referral, prior authorization, or pre-certification. However, women must not be precluded from selecting a family physician, an internal medicine physician, or another qualified physician to provide gynecological or obstetrical services. (S54, 1997) (Texas Insurance Code Ann. Section 21.53D.)

 

Speech and Hearing Therapy: Insurers must offer group policyholders coverage no less favorable than for physical illness. (Texas Insurance Code Ann. Section 3.70-2(G).)

 

Telemedicine: Effective January 1, 1998, group health policies (HMOs included) must not exclude services solely because they are provided through telemedicine and not through a face-to-face consultation. Deductibles, co-payments, or co-insurance payments for services provided through telemedicine must not exceed payments required for the same services provided through face-to-face consultations. (H2033, 1997) (Texas Insurance Code Ann. Section 21.53F.)

 

Temporomandibular Joint Disorder: Effective January 1, 1998, group health policies (HMOs included) which provide benefits for diagnostic and or surgical treatments for skeletal joint disorders also must cover diagnostic and or surgical treatments of conditions affecting the temporomandibular joint. (H2063, 1997) (Texas Insurance Code Ann. Section 21.53A.)

 

Utilization Review: Insurers and HMOs are liable for treatment decisions that affect adversely patients' health, effective September 1, 1997. (SB 386, 1997) (Texas Civil Practice and Remedies Code Ch. 88) (Texas Insurance Code Ann. Section 21.58A.) To sue under the law, individuals must have exhausted the appeals and review requirements for utilization review decisions. "Utilization Review" is defined as a system for prospective or concurrent review of the medical necessity and appropriateness of health care services. Utilization review by health insurance plans and HMOs must be made using currently accepted medical or health practices, taking into account special circumstances of each case. Plans must notify patients and treating physicians of adverse determinations, and must provide appeals procedures for patients and their doctors. (SB384, 1997) (Texas Insurance Code Ann. Section 21.58A.)

 

TEXAS - GROUP HEALTH FOR SMALL EMPLOYERS

For insurance plans offered to small employers:

 

TEXAS - GROUP LIFE CODE ADDITIONS

Employer required to pay part of premium: Yes.

 

Percent of employees who must elect coverage (if employees pay part of premium): 75%.

 

Percent of employees who must be covered if employer pays all of premium: 100%.

 

Minimum number of employees in group plan: 10.

 

Employer prohibited as beneficiary: Yes.

 

Grace period (days): 31.

 

Mandatory conversion: Yes.

 

Other provisions: None.

 

(Texas Ins. Code Ann. art. 3.50 Sections 1(1)(b), 1(1)( c), 2(1), 2(8))

 

TEXAS - HOLIDAYS

January 1, Washington's Birthday (or 3rd Monday in February), Memorial Day (or last Monday in May), July 4, Labor Day (or 1st Monday in September), Veterans Day, and December 25 are state holidays in all 50 states and in the District of Columbia. Other holidays under State law include: Martin Luther King's birthday (or 3rd Monday in January), Thanksgiving. Other: State employee may take Rosh Hashanah, Yom Kippur, or Good Friday as a holiday in exchange for another state holiday (except for Friday after Thanksgiving and December 26). (Texas Gov. Code Ann. Sections 662.003, 662.005, 662.006, 662.021, 662.041 through 662.045)

 

TEXAS - IMMIGRATION (PREVAILING WAGE POLICY)

See U.S. Federal General Administrative Letter 1-2000

 

TEXAS - JURY DUTY & WITNESS TIME OFF

Employer Restriction For Discharging Employee For Taking Leave For Jury Service: Yes, applies to private employers.

 

Remedies and Penalties: Employee may bring civil action for reinstatement, damages, and reasonable attorney fees. Damages may not exceed 6 months' wages.

 

Other Requirements: Employee is required to give employer prior notice of intended return from jury service. Employee is entitled to reinstatement unless employer's changed circumstances make it impossible or unreasonable. (Texas Civ. Prac. & Rem. Code Ann. Sections 122.001, 122.002, 122.003, Texas Labor Code Ann. Section 52.051)

 

Employer Restriction For Discharging Employee For Taking Leave to be a Witness: Yes.

 

Remedies and Penalties: Violator may be found in contempt of court. Employee is entitled to reemployment if he/she gives notice as soon as is reasonable after release from subpoena. Employee may recover 6 months' compensation and reasonable attorney fees.

 

Other Requirements: Must be in response to a valid subpoena.

 

TEXAS - LEAVES OF ABSENCE

Employers Subject to Leave Laws: State employers.

 

Criteria for Eligibility: State employees.

 

Maximum length of leave: Parental leave: 6 weeks. Sick leave: amount accrued (sick leave accrues at rate of 8 hours per month).

 

Paid Leave: Parental leave: unpaid. Sick leave: paid.

 

Acceptable Reasons for Leave: Parental leave: birth/adoption of a child; for foster child meetings. Sick leave: illness of employee or family member; disability due to pregnancy.

 

Employment Guarantees After Leave: State reports no statutory requirements.

 

Use of Vacation or other Time-off Benefits: State reports no statutory requirements.

 

Certification Required: State reports no statutory requirements.

 

Effect Of Leave on Other Benefits: State reports no statutory requirements.

 

Effect of Seniority Accrual During Leave: State reports no statutory requirements.

 

Minimum Requirements for Notification to Employer: State reports no statutory requirements.

 

Conditions for Denial of a Request For Leave: State reports no statutory requirements.

 

(Texas Gov. Code Sections 661.001 et seq.)

 

See U.S. Federal Family and Medical Leave Act

 

TEXAS - LONG TERM DISABILITY CODE ADDITIONS

State does not require employer to provide long term disability benefits; although many employers do in order to remain competitive in hiring/retention of employees.

 

See LEAVES OF ABSENCE (above), WORKERS' COMPENSATION (below) and U.S. Federal Americans With Disabilities Act

 

TEXAS - MANDATED PROVIDERS

Optometrists, chiropractors, dentists, psychologists, podiatrists, and social workers. Mandatory coverage for audiologists, speech pathologists, dietitians, osteopaths, telemedicine providers, and professional counselors. Direct access to gynecologist/obstetrician. (Texas Insurance Code Ann. art. 3.70-1, art. 3.70-2(H), art. 21.52, 21.53D, 21.53F)

 

TEXAS - MENTAL HEALTH CARE

Employer option for serious mental illness only.

 

Minimum yearly inpatient coverage: Policy must provide coverage that is no less than the coverage it provides for physical illness or 45 days.

 

Minimum yearly outpatient coverage: Policy must provide coverage that is no less than the coverage it provides for physical illness or 60 days.

 

Minimum lifetime coverage: No limitation for serious mental illness; other mental illness must be covered on same terms as physical illness. (Texas Ins. Code Ann. art. 3.51-14)

 

TEXAS - MINIMUM WAGE

Refer to the Federal minimum wage: $5.15 per hour (effective September 1, 1997).

 

Exemptions: Certain professionals, agriculture workers, domestics, outside sales, students, apprentices, and handicapped workers in special environments. (Texas Labor Code Ann. Sections 62.051, 62.055, 62.057, 62.153, 62.154, 62.155, 62,160)

 

See U.S. Minimum Wage

 

TEXAS - NEW HIRE REPORTING

Who is required to report: All employers.

 

Who must be reported: New employees and rehires.

 

Exempt from reporting: Employees employed for less than 1 month; employees working less than 350 hours in 6 months; employees earning less than $300 a month.

 

Form(s) to file: W-4 form, a form provided by the state agency, or any other means authorized by the State. May be submitted electronically or magnetically.

 

Filing deadline: No later than the 10th working day after hire.

 

Employer information to be included: Name, address, and EIN.

 

Employee information to be included: Name, address, SSN, date of birth, date of hire, and salary information.

 

Penalty for failure to report: N/A.

 

(Texas Fam. Code Ann. Section 231.304)

 

TEXAS - NEWBORN CARE MANDATE

Mandated coverage.

 

Preventive care for children: No. (Texas Insurance Code Ann. art. 3.51-6, Sections 3A(a), 3B, 3D, 3E, art. 3.70-2)

 

TEXAS - OVERTIME COMPENSATION REQUIREMENTS

State reports no statutory requirements.

 

TEXAS - PARENTAL LEAVE

See U.S. Federal Family and Medical Leave Act 

 

TEXAS - PRE-EXISTING CONDITIONS

For insurance plans offered to small employers, pre-existing condition provision may not apply to expenses incurred after the first anniversary of the effective date of coverage. (Texas Insurance Code arts. 26.02, 26.06( c), 26.21, 26.42)

 

See U.S. Federal Health Insurance Portability & Accountability Act

 

TEXAS - PROTECTED CLASSIFICATIONS

Age: Yes, age 40 and over.

Race:  Yes.

Color:  Yes.

National Origin:  Yes.

Ancestry: Yes.

Religion:  Yes.

Sex:  Yes.

Pregnancy:  Yes.

Sexual Harassment:  No specific law. State has expressed policy against discrimination.

 

(Tex. Lab. Code Ann. Sections 21.051, 21.101, 21.106, 21.108, 21.110.)

 

TEXAS - SALARY SURVEY

ERI's Relocation Assessor™ is a recommended source for U.S./Canadian wages & salaries (covering 3,000 positions).

 

TEXAS - SHORT TERM DISABILITY CODE ADDITIONS

State does not require employer or employee participation in short term disability plans.

 

TEXAS - TERMINATION & SEVERANCE PAY

Date pay is due if employee is discharged: Within 6 days.

 

Date due if employee resigns: Next regularly scheduled payday.

 

Wages: Yes. (Includes parental leave and other types of pay if there was a written agreement to provide the benefit.

 

Vacation Pay: Yes.

 

Holiday: Yes.

 

Sick leave: Yes.

 

Severance: Yes.

 

(Texas Lab. Code Ann. Sections 61.001, 61.014)

 

TEXAS - UNEMPLOYMENT TAX

Employer Contributions:

 

 

Voluntary Contribution Provision: No.

 

(Texas Lab. Code Ann. Sections 204.006, 204.042, 204.043.)

 

TEXAS - VACATION PAY

See TERMINATION & SEVERANCE PAY (above)

 

TEXAS - VOTING TIME OFF

Sufficient time to vote, unless employee already has 2 consecutive hours outside working hours while the polls are open. (Texas Rev. Civ. Stat. Ann. Sections 253.102, 276.004.)

 

TEXAS - WORKERS' COMPENSATION

Private Employers: Elective as to all employments. Farm/ranch operator may elect to cover self, partner, corporate officer or family member.

 

Public Employers: State provides self-insurance coverage for Highway Department, University of Texas, Texas A&M University and all state employees. Counties, municipalities and other political sub-divisions may provide compensation for their employees. (Note: Sub-divisions may elect to cover officer deemed volunteer firefighters, police, and emergency medical personnel.)

 

Exceptions: Domestic or casual workers engaged in employment incidental to a personal residence; persons covered by a method of compensation established under federal law; migrant workers; seasonal workers employed on a truck farm, orchard, or vineyard, or employed by an employer with a payroll under $25,000; and other farm or ranch employees working for an employer wit a payroll under $25,000, or employing fewer than 3 employees.

 

Special Coverage Provisions: None reported.

 

(U.S. Chamber of Commerce, 1994 Analysis of Workers' Compensation Laws.)