By Ellis S.B. No. 1303
75R1320 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 perform certain family obligations.
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 83 to read as follows:
1-7 CHAPTER 83. EMPLOYEE RIGHT TO PERFORMANCE OF CERTAIN
1-8 FAMILY OBLIGATIONS
1-9 Sec. 83.001. 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) "Employee's child" means a person who is:
1-15 (A) under 19 years of age; and
1-16 (B) in the custody of the employee.
1-17 (3) "Employer" means a person who employs 50 or more
1-18 employees in this state.
1-19 Sec. 83.002. RIGHT TO PERFORMANCE OF CERTAIN FAMILY
1-20 OBLIGATIONS. (a) An employee who is subject to this chapter is
1-21 entitled to time off from work as provided by this section to:
1-22 (1) participate in a school activity of the employee's
1-23 child;
1-24 (2) accompany a child, spouse, or elderly relative to
2-1 a routine medical procedure, including a doctor's appointment; and
2-2 (3) assist an elderly relative in obtaining
2-3 professional services, including nursing home services.
2-4 (b) The total amount of time taken under this section may
2-5 not exceed 24 hours in each calendar year.
2-6 (c) Before taking time off under this section, an employee
2-7 must provide the employer with reasonable advance written notice of
2-8 the planned absence of the employee.
2-9 Sec. 83.003. USE OF LEAVE TIME. (a) An employee shall use
2-10 existing vacation leave time, personal leave time, or compensatory
2-11 leave time for the purpose of a planned absence authorized by this
2-12 chapter except as otherwise provided by a collective bargaining
2-13 agreement entered into before September 1, 1997.
2-14 (b) The use of leave time under this section may not be
2-15 restricted by a term or condition adopted under a collective
2-16 bargaining agreement that is entered on or after September 1, 1997.
2-17 (c) Notwithstanding Subsection (a), if all permanent
2-18 full-time employees of an employer are accorded vacation leave
2-19 during the same period in the calendar year, an employee may not
2-20 use that accrued vacation benefit at any other time for the
2-21 purposes of the planned absence authorized by this chapter without
2-22 the approval of the employer.
2-23 Sec. 83.004. USE OF TIME OFF WITHOUT PAY. In lieu of leave
2-24 time under Section 83.003(a), an employee may use time off without
2-25 pay for the purpose of a planned absence authorized by this
2-26 chapter.
2-27 Sec. 83.005. EMPLOYER RETALIATION PROHIBITED. (a) An
3-1 employer may not suspend or terminate the employment of, or
3-2 otherwise discriminate against, an employee who takes a planned
3-3 absence authorized by this chapter if the employee has given
3-4 written notice as required under Section 83.002(c).
3-5 (b) An employer who violates Subsection (a) is liable for
3-6 reasonable damages incurred by the employee as a result of the
3-7 violation.
3-8 (c) An employee whose employment is suspended or terminated
3-9 in violation of this chapter is entitled to:
3-10 (1) reinstatement to the employee's former position or
3-11 a position that is comparable in terms of compensation, benefits,
3-12 and other conditions of employment;
3-13 (2) compensation for wages lost during the period of
3-14 suspension or termination; and
3-15 (3) reinstatement of any fringe benefits and seniority
3-16 rights lost because of the suspension or termination.
3-17 (d) The burden of proof in a proceeding under this section
3-18 is on the employee.
3-19 Sec. 83.006. CIVIL PENALTY. (a) An employer who suspends
3-20 or terminates the employment of an employee in violation of this
3-21 chapter is liable for a civil penalty not to exceed $1,000.
3-22 (b) The attorney general or an appropriate prosecuting
3-23 attorney may sue to collect a civil penalty under this section.
3-24 (c) A civil penalty collected under this section shall be
3-25 deposited in the state treasury to the credit of the general
3-26 revenue fund.
3-27 Sec. 83.007. NOTICE TO EMPLOYEES. (a) Each employer shall
4-1 inform its employees of their rights under this chapter by posting
4-2 a conspicuous sign in a prominent location in the employer's
4-3 workplace.
4-4 (b) The Texas Workforce Commission by rule shall prescribe
4-5 the design and content of the sign required by this section.
4-6 SECTION 2. This Act takes effect September 1, 1997, and
4-7 applies only to a suspension, termination, or other adverse
4-8 employment action that is taken by an employer against an employee
4-9 because of an employee absence authorized under Chapter 83, Labor
4-10 Code, as added by Section 1 of this Act, that occurs on or after
4-11 that date. A suspension, termination, or other adverse employment
4-12 action that is taken by an employer against an employee before that
4-13 date is governed by the law in effect on the date that the
4-14 employment action is taken, and the former law is continued in
4-15 effect for that purpose.
4-16 SECTION 3. The importance of this legislation and the
4-17 crowded condition of the calendars in both houses create an
4-18 emergency and an imperative public necessity that the
4-19 constitutional rule requiring bills to be read on three several
4-20 days in each house be suspended, and this rule is hereby suspended.