From: Staffing
Texas Victim Leave | GBE&W
Texas Victim Leave
Witness Leave
Texas’ witness leave law, located at Tex. Lab. Code § 52.051(a), applies to all employers. The law prohibits employers from terminating an employee because of the employee’s compliance with a valid subpoena to appear in a civil, criminal, legislative, or administrative proceeding.
Penalties
Penalties vary according to the source of the subpoena. If the subpoena was issued by a court, the employer may be found in contempt by the court. If the subpoena was issued by a legislative committee or a state agency, the employer is subject to the authority of the committee or agency for a monetary penalty of up to $500.
An employee is entitled to return to the same employment as prior to the subpoena, and may recover damages in an amount up to six months’ compensation and reasonable attorney’s fees.
It is a defense for the employer if re-employment is impossible or unreasonable because of a change in the employer’s circumstances while the employee complied with the subpoena.
