By Coleman H.B. No. 1651 76R6157 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 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 AND CHILD CARE FACILITY 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 a licensed or certified child care facility or 1-21 prekindergarten through grade 12. 1-22 (b) For purposes of this chapter, "employee's child" means a 1-23 child in the custody of an employee to whom this chapter applies. 1-24 Sec. 83.003. RIGHT TO PARTICIPATE IN CERTAIN SCHOOL 2-1 ACTIVITIES. (a) An employee who is subject to this chapter is 2-2 entitled to time off as provided by this section to: 2-3 (1) meet with a teacher of the employee's child or 2-4 with a caregiver of the child in a child care facility; or 2-5 (2) participate in a facility or school activity of 2-6 the employee's child. 2-7 (b) An employee is entitled under this section to up to 2-8 eight hours in each calendar year. 2-9 (c) Before taking time off under this section, an employee 2-10 must provide the employer with reasonable advance written notice of 2-11 the planned absence of the employee. 2-12 Sec. 83.004. USE OF LEAVE TIME. (a) An employee is not 2-13 required to use existing vacation leave time, personal leave time, 2-14 or compensatory leave time for the purpose of a planned absence 2-15 authorized by this chapter except as otherwise provided by a 2-16 collective bargaining agreement entered into before September 1, 2-17 1999. 2-18 (b) The use of leave time under this section may not be 2-19 restricted by a term or condition adopted under a collective 2-20 bargaining agreement entered into on or after September 1, 1999. 2-21 Sec. 83.005. EFFECT ON EMPLOYEE PAY. An employer may not 2-22 reduce the pay otherwise owed to the employee for any pay period 2-23 because the employee took time off during that pay period for the 2-24 purpose of a planned absence authorized by this chapter. 2-25 Sec. 83.006. DOCUMENTATION. (a) An employee shall provide 2-26 documentation to the employer of the employee's participation in a 2-27 particular 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 facility or school 3-3 activity that the child's facility or school considers reasonable 3-4 and appropriate. 3-5 Sec. 83.007. SAME EMPLOYER. If both parents of a child are 3-6 employed by the same employer at the same workplace, the 3-7 entitlement granted under Section 83.003 may be exercised as 3-8 regards a specific activity of that child only by the employee who 3-9 first gives notice to the employer as required under Section 3-10 83.003(c). The other parent is entitled to time off to attend the 3-11 activity only as approved by the employer. 3-12 Sec. 83.008. EMPLOYER RETALIATION PROHIBITED. (a) An 3-13 employer may not suspend or terminate the employment of, or 3-14 otherwise discriminate against, an employee who takes a planned 3-15 absence authorized by this chapter to participate in an activity of 3-16 the employee's child if the employee has given written notice as 3-17 required under Section 83.003(c). 3-18 (b) An employee whose employment is suspended or terminated 3-19 in violation of this chapter is entitled to: 3-20 (1) reinstatement to the employee's former position or 3-21 a position that is comparable in terms of compensation, benefits, 3-22 and other conditions of employment; 3-23 (2) compensation for wages lost during the period of 3-24 suspension or termination; 3-25 (3) reinstatement of any fringe benefits and seniority 3-26 rights lost because of the suspension or termination; and 3-27 (4) if the employee brings an action to enforce this 4-1 subsection and is the prevailing party, payment by the employer of 4-2 court costs and reasonable attorney's fees. 4-3 Sec. 83.009. CIVIL PENALTY. (a) An employer who suspends 4-4 or terminates the employment of an employee in violation of this 4-5 chapter is liable for a civil penalty not to exceed $1,000. 4-6 (b) The attorney general or an appropriate prosecuting 4-7 attorney may sue to collect a civil penalty under this section. 4-8 (c) A civil penalty collected under this section shall be 4-9 deposited in the state treasury to the credit of the general 4-10 revenue fund. 4-11 Sec. 83.010. NOTICE TO EMPLOYEES. (a) Each employer shall 4-12 inform its employees of their rights under this chapter by posting 4-13 a conspicuous sign in a prominent location in the employer's 4-14 workplace. 4-15 (b) The Texas Workforce Commission by rule shall prescribe 4-16 the design and content of the sign required by this section. 4-17 SECTION 2. This Act takes effect September 1, 1999, and 4-18 applies only to a suspension, termination, or other adverse 4-19 employment action that is taken by an employer against an employee 4-20 because of an employee absence authorized under Chapter 83, Labor 4-21 Code, as added by this Act, that occurs on or after that date. 4-22 Action taken by an employer against an employee for an employee 4-23 absence occurring before that date is governed by the law in effect 4-24 on the date the absence occurred, and the former law is continued 4-25 in effect for that purpose. 4-26 SECTION 3. The importance of this legislation and the 4-27 crowded condition of the calendars in both houses create an 5-1 emergency and an imperative public necessity that the 5-2 constitutional rule requiring bills to be read on three several 5-3 days in each house be suspended, and this rule is hereby suspended.