HBA-NLM H.B. 1651 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1651 By: Coleman Economic Development 3/18/1999 Introduced BACKGROUND AND PURPOSE Some businesses allow parents to take time off from their job to participate in a child's school activity or function. However, many employers do not provide parents with the opportunity to take time off for these activities or functions, unless taken through existing vacation time, sick leave, or through other compensatory leave. The purpose of this bill is to entitle Texas employees up to eight hours in each calendar year to meet with their children's school teachers or day care providers or to otherwise participate in their children's school activities. This bill would require employers to pay employees for leave taken and would prohibit the employer from penalizing those employees who take a planned absence. H.B. 1651 provides that an employee is not required to use existing vacation leave, personal leave, or compensatory leave time for the purpose of a planned absence authorized by this chapter, except as otherwise provided. The provisions of this bill prohibit an employer from suspending or terminating the employee who takes an authorized planned absence if the employee has provided written notice. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Workforce Commission in SECTION 1 (Section 83.010, Labor Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle D, Title 2, Labor Code, by adding Chapter 83, as follows: CHAPTER 83. EMPLOYEE RIGHT TO PARTICIPATION IN CERTAIN SCHOOL AND CHILD CARE FACILITY ACTIVITIES Sec. 83.001. DEFINITIONS. Defines "employee" and "employer." Sec. 83.002. APPLICATION. Applies this chapter to an employee who is a parent, legal guardian, or custodial grandparent of a child who is in a licensed or certified child care facility or prekindergarten through grade 12. Defines "employee's child" for the purposes of this chapter. Sec. 83.003. RIGHT TO PARTICIPATE IN CERTAIN SCHOOL ACTIVITIES. Entitles an employee who is subject to this chapter to time off as provided by this section. Sec. 83.004. USE OF LEAVE TIME. Provides that an employee is not required to use existing vacation leave, personal leave, or compensatory leave time for the purpose of a planned absence authorized by this chapter, except as otherwise provided. Prohibits the use of leave time under this section from being restricted under a collective bargaining agreement. Sec. 83.005. EFFECT ON EMPLOYEE PAY. Prohibits an employer from reducing the pay owed to the employee for any pay period because of an employee's planned absence. Sec. 83.006. DOCUMENTATION. Requires an employee to provide documentation of the employee's participation in a particular activity on the employer's request. Defines "documentation" for the purposes of this section. Sec. 83.007. SAME EMPLOYER. Provides that if both parents of a child are employed by the same employer at the same workplace, only the employee who first gives notice to the employer may be entitled to time off. Sec. 83.008. EMPLOYER RETALIATION PROHIBITED. Prohibits an employer from suspending or terminating the employee who takes an authorized planned absence if the employee has provided written notice. Provides that an employee who is terminated or suspended in violation of this chapter is entitled to: _reinstatement to the employee's former or comparable position; _compensation for lost wages during the termination or suspension; _reinstatement of any fringe benefits and seniority rights; and _payment by the employer of court costs and reasonable attorney's fees if the employee brings an action to enforce this section. Sec. 83.009. CIVIL PENALTY. Provides that an employer who violates the provisions of this chapter is liable for a civil penalty not to exceed $1,000. Requires a civil penalty collected under this section to be deposited in the state treasury to the credit of the general revenue fund. Sec. 83.010. NOTICE TO EMPLOYEES. Requires each employer to inform its employees of their rights under this chapter by posting a conspicuous sign in a specified area of the workplace. Requires the Texas Workforce Commission by rule to prescribe the design and content of the sign required by this section. SECTION 2. Effective date: September 1, 1999. Makes application of this Act prospective. SECTION 3. Emergency clause.