By Dutton H.B. No. 764
76R4147 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 providing a penalty.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
1-7 adding Chapter 83 to read as follows:
1-8 CHAPTER 83. EMPLOYEE RIGHT TO PARTICIPATION
1-9 IN CERTAIN SCHOOL ACTIVITIES
1-10 Sec. 83.001. DEFINITIONS. In this chapter:
1-11 (1) "Employee" means a person other than an
1-12 independent contractor who, for compensation, performs services for
1-13 an employer under a written or oral contract of hire, whether
1-14 express or implied.
1-15 (2) "Employer" means a person who employs 10 or more
1-16 employees at the same workplace. The term includes a public
1-17 employer.
1-18 Sec. 83.002. APPLICATION. (a) This chapter applies to an
1-19 employee who is a parent, legal guardian, or custodial grandparent
1-20 of a child who is in prekindergarten through grade 12.
1-21 (b) For purposes of this chapter, "employee's child" means a
1-22 child in the custody of an employee to whom this chapter applies.
1-23 Sec. 83.003. RIGHT TO PARTICIPATE IN CERTAIN SCHOOL
1-24 ACTIVITIES. (a) An employee who is subject to this chapter is
2-1 entitled to time off as provided by this section to:
2-2 (1) meet with a teacher of the employee's child; or
2-3 (2) participate in a school activity of the employee's
2-4 child.
2-5 (b) An employee is entitled under this section to up to two
2-6 hours in each semester.
2-7 (c) Before taking time off under this section, an employee
2-8 must provide the employer with reasonable advance written notice of
2-9 the planned absence of the employee.
2-10 Sec. 83.004. USE OF LEAVE TIME. (a) An employee is not
2-11 required to use existing vacation leave time, personal leave time,
2-12 or compensatory leave time for the purpose of a planned absence
2-13 authorized by this chapter except as otherwise provided by a
2-14 collective bargaining agreement entered into before September 1,
2-15 1999.
2-16 (b) The use of leave time under this section may not be
2-17 restricted by a term or condition adopted under a collective
2-18 bargaining agreement that is entered on or after September 1, 1999.
2-19 Sec. 83.005. EFFECT ON EMPLOYEE PAY. An employer may not
2-20 reduce the pay otherwise owed to the employee for any pay period
2-21 because the employee took time off during that pay period for the
2-22 purpose of a planned absence authorized by this chapter.
2-23 Sec. 83.006. DOCUMENTATION. (a) An employee shall provide
2-24 documentation to the employer of the employee's participation in a
2-25 particular school activity on the employer's request.
2-26 (b) For purposes of this section, "documentation" means any
2-27 verification of parental participation in a school activity that
3-1 the child's school considers reasonable and appropriate.
3-2 Sec. 83.007. SAME EMPLOYER. If both parents of a child are
3-3 employed by the same employer at the same workplace, the
3-4 entitlement granted under Section 83.003 may be exercised as
3-5 regards a specific school activity of that child only by the
3-6 employee who first gives notice to the employer as required under
3-7 Section 83.003(c). The other parent is entitled to time off to
3-8 attend the school activity only as approved by the employer.
3-9 Sec. 83.008. EMPLOYER RETALIATION PROHIBITED. (a) An
3-10 employer may not suspend or terminate the employment of, or
3-11 otherwise discriminate against, an employee who takes a planned
3-12 absence authorized by this chapter to participate in a school
3-13 activity of the employee's child if the employee has given written
3-14 notice as required under Section 83.003(c).
3-15 (b) An employee whose employment is suspended or terminated
3-16 in violation of this chapter is entitled to:
3-17 (1) reinstatement to the employee's former position or
3-18 a position that is comparable in terms of compensation, benefits,
3-19 and other conditions of employment;
3-20 (2) compensation for wages lost during the period of
3-21 suspension or termination; and
3-22 (3) reinstatement of any fringe benefits and seniority
3-23 rights lost because of the suspension or termination.
3-24 Sec. 83.009. CIVIL PENALTY. (a) An employer who suspends
3-25 or terminates the employment of an employee in violation of this
3-26 chapter is liable for a civil penalty not to exceed $1,000.
3-27 (b) The attorney general or an appropriate prosecuting
4-1 attorney may sue to collect a civil penalty under this section.
4-2 (c) A civil penalty collected under this section shall be
4-3 deposited in the state treasury to the credit of the general
4-4 revenue fund.
4-5 Sec. 83.010. NOTICE TO EMPLOYEES. (a) Each employer shall
4-6 inform its employees of their rights under this chapter by posting
4-7 a conspicuous sign in a prominent location in the employer's
4-8 workplace.
4-9 (b) The Texas Workforce Commission by rule shall prescribe
4-10 the design and content of the sign required by this section.
4-11 SECTION 2. This Act takes effect September 1, 1999, and
4-12 applies only to a suspension, termination, or other adverse
4-13 employment action that is taken by an employer against an employee
4-14 because of an employee absence authorized under Chapter 83, Labor
4-15 Code, as added by this Act, that occurs on or after that date. A
4-16 suspension, termination, or other adverse employment action that is
4-17 taken by an employer against an employee before that date is
4-18 governed by the law in effect on the date that the employment
4-19 action is taken, and the former law is continued in effect for that
4-20 purpose.
4-21 SECTION 3. The importance of this legislation and the
4-22 crowded condition of the calendars in both houses create an
4-23 emergency and an imperative public necessity that the
4-24 constitutional rule requiring bills to be read on three several
4-25 days in each house be suspended, and this rule is hereby suspended.