HBA-SEP, MPM H.B. 758 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 758
By: Coleman
Economic Development
2/16/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, many employees are not entitled to time off from their
job to participate in a child's school activity or function unless the time
is taken through existing vacation time, sick leave, or other compensatory
leave.  House Bill 758 entitles employees to one hour each calendar month
to meet with their children's school teachers or day care providers or to
otherwise participate in their children's school activities, and prohibits
employers from penalizing employees who take a planned absence.  

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 758 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.