By Armbrister S.B. No. 1230
74R1905 PB-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right of an employee to time off from work to
1-3 participate in certain school activities of the employee's child.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
1-6 adding Chapter 82 to read as follows:
1-7 CHAPTER 82. EMPLOYEE RIGHT TO PARTICIPATION
1-8 IN CERTAIN SCHOOL ACTIVITIES
1-9 Sec. 82.001. DEFINITIONS. In this chapter:
1-10 (1) "Employee" means a person other than an
1-11 independent contractor who, for compensation, performs services for
1-12 an employer under a written or oral contract of hire, whether
1-13 express or implied.
1-14 (2) "Employer" means a person who employs 25 or more
1-15 employees at the same workplace.
1-16 Sec. 82.002. APPLICATION. (a) This chapter applies to an
1-17 employee who is a parent, legal guardian, or custodial grandparent
1-18 of a child who is in prekindergarten through grade 12.
1-19 (b) For purposes of this chapter, "employee's child" means a
1-20 child in the custody of an employee to whom this chapter applies.
1-21 Sec. 82.003. RIGHT TO PARTICIPATE IN SCHOOL ACTIVITIES. (a)
1-22 An employee who is subject to this chapter is entitled to time off
1-23 as provided by this section to participate in a school activity of
1-24 the employee's child.
2-1 (b) An employee is entitled under this section to up to 40
2-2 hours in each calendar year to participate in a school activity of
2-3 the employee's child.
2-4 (c) Before taking time off under this section, an employee
2-5 must provide the employer with reasonable advance written notice of
2-6 the planned absence of the employee.
2-7 Sec. 82.004. USE OF LEAVE TIME. (a) An employee shall use
2-8 existing vacation leave time, personal leave time, or compensatory
2-9 leave time for the purpose of a planned absence authorized by this
2-10 chapter except as otherwise provided by a collective bargaining
2-11 agreement entered into before September 1, 1995.
2-12 (b) The use of leave time under this section may not be
2-13 restricted by a term or condition adopted under a collective
2-14 bargaining agreement that is entered on or after September 1, 1995.
2-15 (c) Notwithstanding Subsection (a), if all permanent
2-16 full-time employees of an employer are accorded vacation leave
2-17 during the same period in the calendar year, an employee may not
2-18 use that accrued vacation benefit at any other time for the
2-19 purposes of the planned absence authorized by this chapter without
2-20 the approval of the employer.
2-21 Sec. 82.005. USE OF TIME OFF WITHOUT PAY. In lieu of leave
2-22 time under Section 82.004(a), an employee may use time off without
2-23 pay for the purpose of a planned absence authorized by this
2-24 chapter.
2-25 Sec. 82.006. DOCUMENTATION. (a) An employee shall provide
2-26 documentation to the employer of the employee's participation in a
2-27 particular school activity on the employer's request.
3-1 (b) For purposes of this section, "documentation" means any
3-2 verification of parental participation in a school activity that
3-3 the child's school considers reasonable and appropriate.
3-4 Sec. 82.007. SAME EMPLOYER. If both parents of a child are
3-5 employed by the same employer at the same workplace, the
3-6 entitlement granted under Section 82.003 may be exercised as
3-7 regards a specific school activity of that child only by the
3-8 employee who first gives notice to the employer as required under
3-9 Section 82.003(c). The other parent is entitled to time off to
3-10 attend the school activity only as approved by the employer.
3-11 Sec. 82.008. EMPLOYER RETALIATION PROHIBITED. (a) An
3-12 employer may not suspend or terminate the employment of, or
3-13 otherwise discriminate against, an employee who takes a planned
3-14 absence authorized by this chapter to participate in a school
3-15 activity of the employee's child if the employee has given written
3-16 notice as required under Section 82.003(c).
3-17 (b) An employee whose employment is suspended or terminated
3-18 in violation of this chapter is entitled to:
3-19 (1) reinstatement to the employee's former position or
3-20 a position that is comparable in terms of compensation, benefits,
3-21 and other conditions of employment;
3-22 (2) compensation for wages lost during the period of
3-23 suspension or termination; and
3-24 (3) reinstatement of any fringe benefits and seniority
3-25 rights lost because of the suspension or termination.
3-26 Sec. 82.009. CIVIL PENALTY. (a) An employer who suspends
3-27 or terminates the employment of an employee in violation of this
4-1 chapter is liable for a civil penalty not to exceed $1,000.
4-2 (b) The attorney general or an appropriate prosecuting
4-3 attorney may sue to collect a civil penalty under this section.
4-4 (c) A civil penalty collected under this section shall be
4-5 deposited in the state treasury to the credit of the general
4-6 revenue fund.
4-7 Sec. 82.010. NOTICE TO EMPLOYEES. (a) Each employer shall
4-8 inform its employees of their rights under this chapter by posting
4-9 a conspicuous sign in a prominent location in the employer's
4-10 workplace.
4-11 (b) The Texas Employment Commission by rule shall prescribe
4-12 the design and content of the sign required by this section.
4-13 SECTION 2. This Act takes effect September 1, 1995, and
4-14 applies only to a suspension, termination, or other adverse
4-15 employment action that is taken by an employer against an employee
4-16 because of an employee absence authorized under Chapter 82, Labor
4-17 Code, as added by Section 1 of this Act, that occurs on or after
4-18 that date. A suspension, termination, or other adverse employment
4-19 action that is taken by an employer against an employee before that
4-20 date is governed by the law in effect on the date that the
4-21 employment action is taken, and the former law is continued in
4-22 effect for that purpose.
4-23 SECTION 3. The importance of this legislation and the
4-24 crowded condition of the calendars in both houses create an
4-25 emergency and an imperative public necessity that the
4-26 constitutional rule requiring bills to be read on three several
4-27 days in each house be suspended, and this rule is hereby suspended.