By Chavez H.B. No. 55 77R350 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 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 PARTICIPATION 1-8 IN CERTAIN SCHOOL AND CHILD-CARE FACILITY ACTIVITIES 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) "Employer" means a person who employs 10 or more 1-15 employees at the same workplace. The term includes a public 1-16 employer. 1-17 Sec. 83.002. APPLICATION. (a) This chapter applies to an 1-18 employee who is a parent, legal guardian, or custodial grandparent 1-19 of a child who is in a licensed or certified child-care facility or 1-20 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 unpaid time off as provided by this section to: 2-2 (1) meet with a teacher of the employee's child or 2-3 with a caregiver of the child in a child-care facility; or 2-4 (2) participate in a facility or school activity of 2-5 the employee's child. 2-6 (b) An employee is entitled under this section to up to one 2-7 hour in each calendar month. 2-8 (c) Before taking time off under this section, an employee 2-9 must provide the employer with reasonable advance written notice of 2-10 the planned absence of the employee. 2-11 Sec. 83.004. USE OF LEAVE TIME. (a) An employee is not 2-12 required to use existing vacation leave time, personal leave time, 2-13 or compensatory leave time for the purpose of a planned absence 2-14 authorized by this chapter except as otherwise provided by a 2-15 collective bargaining agreement entered into before September 1, 2-16 2001. 2-17 (b) The use of leave time under this section may not be 2-18 restricted by a term or condition adopted under a collective 2-19 bargaining agreement entered into on or after September 1, 2001. 2-20 Sec. 83.005. DOCUMENTATION. (a) An employee shall provide 2-21 documentation to the employer of the employee's participation in a 2-22 particular activity on the employer's request. 2-23 (b) For purposes of this section, "documentation" means any 2-24 verification of parental participation in a facility or school 2-25 activity that the child's facility or school considers reasonable 2-26 and appropriate. 2-27 Sec. 83.006. SAME EMPLOYER. If both parents of a child are 3-1 employed by the same employer at the same workplace, the 3-2 entitlement granted under Section 83.003 may be exercised as 3-3 regards a specific activity of that child only by the employee who 3-4 first gives notice to the employer as required under Section 3-5 83.003(c). The other parent is entitled to time off to attend the 3-6 activity only as approved by the employer. 3-7 Sec. 83.007. EMPLOYER RETALIATION PROHIBITED. (a) An 3-8 employer may not suspend or terminate the employment of, or 3-9 otherwise discriminate against, an employee who takes a planned 3-10 absence authorized by this chapter to participate in an activity of 3-11 the employee's child if the employee has given written notice as 3-12 required under Section 83.003(c). 3-13 (b) An employee whose employment is suspended or terminated 3-14 in violation of this chapter is entitled to: 3-15 (1) reinstatement to the employee's former position or 3-16 a position that is comparable in terms of compensation, benefits, 3-17 and other conditions of employment; 3-18 (2) compensation for wages lost during the period of 3-19 suspension or termination; 3-20 (3) reinstatement of any fringe benefits and seniority 3-21 rights lost because of the suspension or termination; and 3-22 (4) if the employee brings an action to enforce this 3-23 subsection and is the prevailing party, payment by the employer of 3-24 court costs and reasonable attorney's fees. 3-25 Sec. 83.008. NOTICE TO EMPLOYEES. (a) Each employer shall 3-26 inform its employees of their rights under this chapter by posting 3-27 a conspicuous sign in a prominent location in the employer's 4-1 workplace. 4-2 (b) The Texas Workforce Commission by rule shall prescribe 4-3 the design and content of the sign required by this section. 4-4 SECTION 2. This Act takes effect September 1, 2001, and 4-5 applies only to a suspension, termination, or other adverse 4-6 employment action that is taken by an employer against an employee 4-7 because of an employee absence authorized under Chapter 83, Labor 4-8 Code, as added by this Act, that occurs on or after that date. 4-9 Action taken by an employer against an employee for an employee 4-10 absence occurring before that date is governed by the law in effect 4-11 on the date the absence occurred, and the former law is continued 4-12 in effect for that purpose.