By Ellis                                               S.B. No. 245
         76R3789 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; providing a civil penalty.
 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, 1999.
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, 1999.
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, 1999, 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.