HBA-JLV, MPM H.B. 55 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 55 By: Chavez Economic Development 2/8/2001 Introduced BACKGROUND AND PURPOSE Current Texas law does not provide parents with time off from work to participate in their child's education. There are growing concerns regarding the right of parents to be able to take time off to participate in their child's education and to have adequate time to develop relationships with their child's teachers. House Bill 55 would allow parents up to one hour a month of unpaid time off from work to personally participate in activities involving their child's education. 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 83.008, Labor Code) of this bill. ANALYSIS House Bill 55 amends the Labor Code to entitle an employee to unpaid time off of up to one hour a month to meet with the teacher of an employee's child or with the child's caregiver in a child-care facility or to participate in an activity at the child's facility or school. Prior to taking time off, an employee must provide an employer with reasonable advance written notice. An employee is not required to use existing vacation leave time, personal leave time, or compensatory leave time for this purpose, except as otherwise provided by a collective bargaining agreement entered into before September 1, 2001. Use of this leave time may not be restricted by a term or condition adopted under such an agreement entered into on or after September 1, 2001. The bill requires an employee to provide specified documentation to an employer of participation in a particular activity on request. In the event that both parents work for the same employer, the entitlement for unpaid leave may be exercised only by the first employee to request it. The other parent is entitled to time off to attend the activity only as approved by the employer. The bill prohibits an employer from suspending or terminating the employment of, or discriminating against, an employee who takes a planned absence authorized by this bill if the employee has given appropriate written notice. The bill entitles an employee whose employment is wrongfully suspended or terminated to: _reinstatement in the employee's former position or a comparable position in terms of compensation, benefits, and other conditions of employment; _compensation for wages lost during the period of suspension or termination; _reinstatement of fringe benefits and seniority rights lost because of the suspension or termination; and _payment by the employer of court costs and reasonable attorney's fees. The bill requires each employer to inform employees of their rights as set forth in this bill by posting a conspicuous sign in a prominent location in the workplace. The Texas Workforce Commission is required, by rule, to prescribe the design and content of the sign. EFFECTIVE DATE September 1, 2001.