77R10020 PB-D
By Garcia, Deshotel H.B. No. 76
Substitute the following for H.B. No. 76:
By Deshotel C.S.H.B. No. 76
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to family, medical, and child education leave for certain
1-3 employees; 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 LEAVE FOR FAMILY, MEDICAL, OR CHILD
1-8 OBLIGATIONS
1-9 SUBCHAPTER A. GENERAL PROVISIONS
1-10 Sec. 83.001. SHORT TITLE. This chapter may be cited as the
1-11 Family, Medical, and Child Education Leave Act.
1-12 Sec. 83.002. DEFINITIONS. In this chapter:
1-13 (1) "Child" means a biological child, adopted or
1-14 foster child, stepchild, legal ward, or child of a person standing
1-15 in loco parentis who is:
1-16 (A) under 18 years of age; or
1-17 (B) 18 years of age or older and incapable of
1-18 self-care because of a physical or mental disability or serious
1-19 health condition.
1-20 (2) "Commission" means the Commission on Human Rights.
1-21 (3) "Employee" means an individual who performs
1-22 services for an employer for compensation under an oral or written
1-23 contract of hire, whether express or implied. The term does not
1-24 include an independent contractor.
2-1 (4) "Employee benefit plan" has the meaning assigned
2-2 by Section 3(3), Employee Retirement Income Security Act of 1974
2-3 (29 U.S.C. Section 1002(3)).
2-4 (5) "Employer" means a person who employs employees.
2-5 The term includes a public employer.
2-6 (6) "Employment benefits" means all benefits provided
2-7 by or made available to employees by an employer. The term
2-8 includes group life insurance, health insurance, disability
2-9 insurance, sick leave, annual leave, educational benefits, and
2-10 pensions whether the benefits are provided by a practice or written
2-11 policy of an employer or through an employee benefit plan.
2-12 (7) "Health care provider" means:
2-13 (A) a licensed individual who provides or
2-14 renders health care; or
2-15 (B) an unlicensed individual who provides or
2-16 renders health care under the direction or supervision of a
2-17 physician.
2-18 (8) "Parent" means:
2-19 (A) the biological parent of an employee; or
2-20 (B) an individual who stood in loco parentis to
2-21 an employee when the employee was a child.
2-22 (9) "Reduced leave schedule" means leave that reduces
2-23 the usual number of hours worked per workweek, or hours per
2-24 workday, of an employee.
2-25 (10) "Serious health condition" means an illness,
2-26 injury, impairment, or physical or mental condition that requires
2-27 inpatient care in a hospital, hospice, or residential medical care
3-1 facility or continuing treatment by a health care provider. The
3-2 term includes a serious disease such as cancer or acquired immune
3-3 deficiency syndrome.
3-4 (Sections 83.003-83.050 reserved for expansion
3-5 SUBCHAPTER B. FAMILY AND MEDICAL LEAVE
3-6 Sec. 83.051. APPLICATION OF SUBCHAPTER; ELIGIBILITY. (a)
3-7 This subchapter applies to:
3-8 (1) each private employer who employs 50 or more
3-9 employees in this state; and
3-10 (2) all public employers, including this state and
3-11 each county and municipality of this state.
3-12 (b) An employee is not eligible to take leave under this
3-13 subchapter unless the employee has worked for the employer for at
3-14 least one year before the date on which the leave is scheduled to
3-15 begin.
3-16 Sec. 83.052. FAMILY AND MEDICAL LEAVE. (a) Except as
3-17 provided by Section 83.057, an eligible employee is entitled to a
3-18 total of 12 workweeks of leave during any 12-month period because
3-19 of one or more of the following:
3-20 (1) the birth of a child of the employee if the leave
3-21 is required to care for that child;
3-22 (2) the placement of a child with the employee for
3-23 adoption or foster care;
3-24 (3) a serious health condition of the spouse, child,
3-25 or parent of the employee, if leave is required to care for the
3-26 spouse, child, or parent; or
3-27 (4) a serious health condition of the employee that
4-1 makes the employee unable to perform the functions of the position
4-2 of employment of the employee.
4-3 (b) Entitlement to leave under Subsection (a) for a birth or
4-4 placement of a child expires on the first anniversary of the date
4-5 of the birth or placement.
4-6 (c) An employee may not take leave under Subsection (a)(1)
4-7 or (a)(2) intermittently unless the employee and the employer of
4-8 the employee agree in writing to that leave. An employee may take
4-9 leave under Subsection (a)(3) or (a)(4) intermittently when that
4-10 leave is medically necessary.
4-11 (d) If an employee requests intermittent leave under
4-12 Subsection (a)(3) or (a)(4) that is foreseeable because of planned
4-13 medical treatment, the employer may require the employee to
4-14 transfer temporarily to an available alternative position offered
4-15 by the employer for which the employee is qualified and that:
4-16 (1) has equivalent pay and benefits; and
4-17 (2) better accommodates recurring periods of leave
4-18 than the regular employment position of the employee.
4-19 (e) On the written agreement of the employer and the
4-20 employee, an employee may take leave under Subsection (a) on a
4-21 reduced leave schedule. Work performed by an employee on a reduced
4-22 leave schedule does not reduce the total amount of leave to which
4-23 the employee is entitled under Subsection (a).
4-24 (f) Each employer shall post in conspicuous places on the
4-25 premises of the employer where notices to employees and applicants
4-26 for employment are customarily posted a notice, prepared or
4-27 approved by the commission, setting forth the pertinent provisions
5-1 of this subchapter and information relating to the enforcement of
5-2 this subchapter. An employer who wilfully violates this subsection
5-3 is liable for a civil penalty not to exceed $100 for each
5-4 violation. The attorney general may bring an action to collect a
5-5 civil penalty under this section. Civil penalties assessed under
5-6 this section shall be deposited in the general revenue fund.
5-7 Sec. 83.053. UNPAID LEAVE PERMITTED. (a) Except as
5-8 provided by Subsection (b), leave granted under Section 83.052 may
5-9 consist of unpaid leave.
5-10 (b) If an employer provides paid leave for fewer than 12
5-11 workweeks, any additional weeks of leave necessary to comply with
5-12 the 12 workweeks of leave required under this chapter may be
5-13 provided by the employer without compensation.
5-14 Sec. 83.054. SUBSTITUTION OF PAID LEAVE. (a) An eligible
5-15 employee may elect, or an employer may require an employee, to
5-16 substitute accrued paid vacation leave, personal leave, or other
5-17 leave for leave provided under Section 83.052(a)(1), (2), or (3)
5-18 for any part of the 12 weeks of leave required under Section
5-19 83.052.
5-20 (b) An eligible employee may elect, or an employer may
5-21 require an employee, to substitute accrued paid vacation leave,
5-22 personal leave, or medical or sick leave for leave provided under
5-23 Section 83.052(a)(4) for any part of the 12 weeks of leave required
5-24 under Section 83.052.
5-25 (c) This subchapter does not require an employer to provide
5-26 paid sick leave or paid medical leave in any situation in which
5-27 that employer would not normally provide paid leave.
6-1 Sec. 83.055. FORESEEABILITY OF LEAVE; NOTICE TO EMPLOYER.
6-2 (a) If the necessity for leave under Section 83.052(a)(1) or (2)
6-3 is foreseeable because of an expected birth or adoption, the
6-4 affected employee shall, before the 30th day preceding the date the
6-5 leave is to begin, notify the employer in writing of the employee's
6-6 intention to take the leave. If the date of the birth or adoption
6-7 requires that the leave begin in less than 30 days, the employee
6-8 shall provide notice to the employer as is practicable.
6-9 (b) If the necessity for leave under Section 83.052(a)(3) or
6-10 (4) is foreseeable because of planned medical treatment, the
6-11 employee shall:
6-12 (1) make a reasonable effort to schedule the treatment
6-13 to avoid disrupting unduly the operations of the employer, subject
6-14 to the approval of the health care provider of the employee or of
6-15 the child, spouse, or parent of the employee, as applicable; and
6-16 (2) before the 30th day preceding the date the leave
6-17 is to begin, notify the employer in writing of the employee's
6-18 intention to take the leave.
6-19 (c) Notwithstanding Subsection (b), if the date of the
6-20 treatment requires that the leave begin in less than 30 days, the
6-21 employee shall provide notice to the employer as is practicable.
6-22 Sec. 83.056. SPOUSES EMPLOYED BY SAME EMPLOYER. If a
6-23 husband and wife entitled to leave under Section 83.052 are
6-24 employed by the same employer, the aggregate number of workweeks of
6-25 leave to which both may be entitled may be limited to 12 workweeks
6-26 during any 12-month period, if the leave is taken under Section
6-27 83.052(a)(1) or (2).
7-1 Sec. 83.057. CERTIFICATION. (a) An employer may require
7-2 that a request for leave under Section 83.052(a)(3) or (4) be
7-3 certified by the health care provider of the employee or of the
7-4 child, spouse, or parent of the employee, as appropriate. The
7-5 employee shall provide, in a timely manner, a copy of the
7-6 certification to the employer.
7-7 (b) Certification provided under Subsection (a) is
7-8 sufficient if it states:
7-9 (1) the date on which the serious health condition
7-10 began;
7-11 (2) the probable duration of the condition;
7-12 (3) the appropriate medical facts within the knowledge
7-13 of the health care provider regarding the condition;
7-14 (4) for purposes of leave under Section 83.052(a)(3),
7-15 a statement that the eligible employee is needed to care for the
7-16 child, spouse, or parent and an estimate of the amount of time that
7-17 the employee is needed to care for the child, spouse, or parent;
7-18 (5) for purposes of leave under Section 83.052(a)(4),
7-19 a statement that the employee is unable to perform the functions of
7-20 the position of employment; and
7-21 (6) for purposes of intermittent leave for planned
7-22 medical treatment, the dates on which the treatment is expected to
7-23 be given and the duration of the treatment.
7-24 (c) If the employer has reason to doubt the validity of the
7-25 certification provided under Subsection (a), the employer may
7-26 require, at the expense of the employer, that the employee or
7-27 child, spouse, or parent, as appropriate, obtain the opinion of a
8-1 second health care provider designated or approved by the employer
8-2 concerning any information certified under Subsection (b). A
8-3 health care provider designated or approved under this subsection
8-4 may not be employed on a regular basis by the employer.
8-5 (d) If a second opinion obtained under Subsection (c)
8-6 differs from the opinion in the original certification provided
8-7 under Subsection (a), the employer may require, at the expense of
8-8 the employer, that the employee or child, spouse, or parent, as
8-9 appropriate, obtain the opinion of a third health care provider
8-10 designated or approved jointly by the employer and the employee
8-11 concerning the information certified under Subsection (b). The
8-12 opinion of the third health care provider is final and binding on
8-13 the employer and the employee.
8-14 (e) The employer may require that the employee obtain
8-15 subsequent recertifications on a reasonable basis.
8-16 Sec. 83.058. EMPLOYMENT AND BENEFITS PROTECTION; EXCEPTION.
8-17 (a) An employee who takes leave under Section 83.052 for the
8-18 intended purpose of the leave is entitled, on return from the
8-19 leave, to reinstatement in the former position of employment or an
8-20 equivalent position of employment with equivalent employment
8-21 benefits, pay, and other terms and conditions of employment.
8-22 (b) Leave taken under Section 83.052 may not result in the
8-23 loss of any employment benefit accrued before the date on which the
8-24 leave began.
8-25 (c) This section does not entitle an employee who is
8-26 reinstated in employment to:
8-27 (1) the accrual of seniority or other employment
9-1 benefits during any period of leave; or
9-2 (2) any right, benefit, or position of employment
9-3 other than any right, benefit, or position to which the employee
9-4 would have been entitled had the employee not taken the leave.
9-5 (d) As a condition of eligibility to return to employment
9-6 under Subsection (a), an employer may adopt a uniformly applied
9-7 practice or policy that requires an employee to receive
9-8 certification from a health care provider that the employee is able
9-9 to resume work. This subsection does not supersede another statute
9-10 of this state, an order or ordinance of a political subdivision of
9-11 this state, or a collective bargaining agreement that governs the
9-12 return to work of an employee taking leave under Section
9-13 83.052(a)(4).
9-14 (e) This section does not prohibit an employer from
9-15 requiring an employee on leave under Section 83.052 to report
9-16 periodically to the employer on the status and intention of the
9-17 employee to return to work.
9-18 (f) An employer is not required under this chapter to
9-19 reinstate an employee under Subsection (a) if the employee is a
9-20 salaried employee whose compensation from the employer is computed
9-21 to be in the highest 10 percent of compensation paid to the
9-22 employees employed by that employer within 75 miles of the facility
9-23 at which the employee is employed.
9-24 Sec. 83.059. MAINTENANCE OF GROUP HEALTH BENEFITS. (a)
9-25 Except as provided by Subsection (b), during any period that an
9-26 eligible employee takes leave under Section 83.052, the employer
9-27 shall maintain coverage for that employee under any applicable
10-1 group health plan for the duration of the leave at the level and
10-2 under the conditions the coverage would have been provided if the
10-3 employee had continued in employment continuously from the date on
10-4 which the employee began the leave until the date on which the
10-5 employee returned to employment under Section 83.058.
10-6 (b) The employer may recover the premium that the employer
10-7 paid to maintain insurance coverage for the employee under the
10-8 group health benefit plan during any period of unpaid leave taken
10-9 under Section 83.052 if the employee fails to return to work:
10-10 (1) after the period of leave to which the employee is
10-11 entitled has expired; and
10-12 (2) for a reason other than:
10-13 (A) the continuation, recurrence, or onset of a
10-14 serious health condition that entitles the employee to leave under
10-15 Section 83.052(a)(3) or (4); or
10-16 (B) other circumstances beyond the control of
10-17 the employee.
10-18 (c) An employer may require that a claim that an employee is
10-19 unable to return to work because of the continuation, recurrence,
10-20 or onset of a serious health condition be certified by:
10-21 (1) the health care provider of the eligible employee,
10-22 if the employee is unable to return to work because of a condition
10-23 specified under Section 83.052(a)(4); or
10-24 (2) the health care provider of the child, spouse, or
10-25 parent of the employee if the employee is unable to return to work
10-26 because of a condition specified under Section 83.052(a)(3).
10-27 (d) The employee shall provide, in a timely manner, a copy
11-1 of the certification to the employer.
11-2 (e) Certification required under Subsection (c)(1) is
11-3 sufficient if the certification states that a serious health
11-4 condition made the employee unable to perform the functions of the
11-5 position of employment on the date that the leave expired.
11-6 Certification required under Subsection (c)(2) is sufficient if the
11-7 certification states that the employee is needed to care for the
11-8 child, spouse, or parent because of the serious health condition in
11-9 effect on the date that the leave expired.
11-10 (f) For the purposes of this section, "group health plan"
11-11 has the meaning assigned by Section 5000(b)(1), Internal Revenue
11-12 Code of 1986 (26 U.S.C. Section 5000(b)(1)).
11-13 Sec. 83.060. APPLICATION TO EMPLOYEES OF CERTAIN EDUCATIONAL
11-14 INSTITUTIONS. (a) Except as otherwise provided by this section,
11-15 the rights, remedies, and procedures under this chapter apply to
11-16 the employees of a public or private elementary or secondary school
11-17 or school district.
11-18 (b) If an employee employed principally in an instructional
11-19 capacity by a school requests leave under Section 83.052(a)(3) or
11-20 (4) that is foreseeable because of planned medical treatment and
11-21 that leave would exceed 20 percent of the total number of working
11-22 days in the applicable academic period, the school may require that
11-23 the employee elect to:
11-24 (1) take the leave in periods of a particular
11-25 duration, not to exceed the duration of the planned medical
11-26 treatment; or
11-27 (2) transfer temporarily to an available alternative
12-1 position offered by the employer for which the employee is
12-2 qualified and that:
12-3 (A) has equivalent pay and benefits; and
12-4 (B) better accommodates recurring periods of
12-5 leave than the regular employment position of the employee.
12-6 (c) An employee who makes an election under Subsection (b)
12-7 must comply with Section 83.055(b).
12-8 (d) This subsection applies to periods of leave requested
12-9 near the conclusion of an academic term in the case of an employee
12-10 employed principally in an instructional capacity by a school. If
12-11 the employee begins leave under Section 83.052 more than five weeks
12-12 before the end of the academic term, the school may require the
12-13 employee to continue taking leave until the end of that term if the
12-14 leave lasts at least three weeks and the return to employment would
12-15 occur during the last three weeks of the term. If the employee
12-16 begins leave under Section 83.052(a)(1), (2), or (3) during the
12-17 period that begins five weeks before the end of the academic term,
12-18 the school may require the employee to continue taking leave until
12-19 the end of that term if the leave is longer than two weeks and the
12-20 return to employment would occur during the last two weeks of the
12-21 term. If the eligible employee begins leave under Section
12-22 83.052(a)(1), (2), or (3) during the three weeks before the end of
12-23 the academic term and the leave lasts longer than five working
12-24 days, the school may require the employee to continue to take leave
12-25 until the end of the term.
12-26 (e) The determination concerning placement in an equivalent
12-27 position of employment under Section 83.058(a) shall be made on the
13-1 basis of established public school district policies and practices,
13-2 private school policies and practices, and any applicable
13-3 collective bargaining agreements.
13-4 Sec. 83.061. COMMISSION POWERS AND DUTIES. (a) The
13-5 commission shall enforce this subchapter. The commission may not
13-6 adopt rules under this subchapter but may enforce applicable rules
13-7 adopted under the Family and Medical Leave Act of 1993 (29 U.S.C.
13-8 Section 2601 et seq.) and its subsequent amendments to the extent
13-9 authorized by that law.
13-10 (b) To ensure compliance with this subchapter, the
13-11 commission may investigate employers subject to this subchapter.
13-12 (c) The commission may not require under this section an
13-13 employer to submit books, records, or other information more
13-14 frequently than annually, unless the commission:
13-15 (1) has reasonable cause to believe that the employer
13-16 has violated this subchapter or a rule adopted under this
13-17 subchapter; or
13-18 (2) is investigating a charge under Section 83.063.
13-19 (d) For the purposes of any investigation conducted under
13-20 this section, the commission may exercise the subpoena authority
13-21 granted under Section 21.003.
13-22 Sec. 83.062. PROHIBITED ACTS. (a) An employer may not
13-23 interfere with, restrain, or deny the exercise of or the attempt to
13-24 exercise any right provided under this subchapter.
13-25 (b) An employer may not discharge or otherwise discriminate
13-26 against an individual for opposing a practice made unlawful by this
13-27 subchapter.
14-1 (c) A person may not discharge or otherwise discriminate
14-2 against an individual because that individual has:
14-3 (1) filed a charge, or instituted or caused to be
14-4 instituted a proceeding, under or related to this subchapter;
14-5 (2) given, or is about to give, any information in
14-6 connection with an inquiry or proceeding relating to a right
14-7 provided under this subchapter; or
14-8 (3) testified, or is about to testify, in an inquiry
14-9 or proceeding relating to a right provided under this subchapter.
14-10 Sec. 83.063. ENFORCEMENT. (a) An employer who violates
14-11 Section 83.062 is liable to an affected individual for damages
14-12 equal to the amount of:
14-13 (1) any wages, salary, employment benefits, or other
14-14 compensation denied or lost to the individual by reason of the
14-15 violation or, if wages, salary, employment benefits, or other
14-16 compensation has not been denied or lost, any actual monetary
14-17 losses sustained by the individual as a direct result of the
14-18 violation, including the cost of providing necessary care, not to
14-19 exceed an amount equal to the individual's wages or salary for 12
14-20 weeks;
14-21 (2) interest on the amount determined under
14-22 Subdivision (1) computed at the prevailing rate of interest on
14-23 judgments; and
14-24 (3) an additional amount as liquidated damages equal
14-25 to the sum of the amount determined under Subdivision (1) and the
14-26 interest determined under Subdivision (2).
14-27 (b) If an employer who has violated Section 83.062 proves to
15-1 the satisfaction of the court that the act or omission that
15-2 violated Section 83.062 was in good faith and that the employer had
15-3 reasonable grounds for believing that the act or omission was not a
15-4 violation, the court may reduce the amount of damages to the amount
15-5 determined under Subsections (a)(1) and (2).
15-6 (c) The employer is also liable for equitable relief as
15-7 appropriate, including employment, reinstatement, and promotion.
15-8 (d) An action to recover damages or equitable relief under
15-9 this section may be maintained by any one or more individuals for
15-10 and on behalf of those individuals or those individuals and other
15-11 individuals similarly situated.
15-12 (e) In addition to any judgment awarded to the plaintiff,
15-13 the court may require the defendant to pay reasonable attorney's
15-14 fees, reasonable expert witness fees, and other costs.
15-15 (f) Unless the action is dismissed without prejudice on
15-16 motion of the commission, the right to bring an action under this
15-17 section terminates on:
15-18 (1) the filing of a complaint by the commission in an
15-19 action under Subsection (j) in which:
15-20 (A) restraint is sought of any further delay in
15-21 the payment of the damages described in Subsection (a); or
15-22 (B) equitable relief is sought as a result of
15-23 alleged violations of Section 83.062; or
15-24 (2) the filing of a complaint by the commission in an
15-25 action under Subsection (h) in which a recovery is sought of the
15-26 damages described in Subsection (a).
15-27 (g) The commission shall receive, investigate, and attempt
16-1 to resolve complaints of violations under Section 83.062 in the
16-2 same manner that the commission receives, investigates, and
16-3 attempts to resolve complaints of violations under Chapter 21.
16-4 (h) The commission may bring an action to recover on behalf
16-5 of an individual the damages described in Subsection (a). Any
16-6 amount recovered by the commission on behalf of an individual under
16-7 this subsection shall be held in a special deposit account and
16-8 shall be paid, on order of the commission, directly to the
16-9 individual. Any amount not paid to the individual within three
16-10 years of receipt because of inability to make the payment shall be
16-11 deposited in the state treasury to the credit of the general
16-12 revenue fund.
16-13 (i) Except as otherwise provided by this subsection, an
16-14 action must be brought under this section not later than the second
16-15 anniversary of the date of the last event constituting the alleged
16-16 violation for which the action is brought. If the action alleges a
16-17 wilful violation of Section 83.062, the action must be brought not
16-18 later than the third anniversary of the date of the last event
16-19 constituting the alleged violation. For the purposes of this
16-20 subsection, an action is begun by the commission under Subsection
16-21 (h) on the date on which the complaint is filed under Subsection
16-22 (g).
16-23 (j) In addition to an action to recover damages, the
16-24 commission may bring an action to restrain violations of Section
16-25 83.062, including an action to restrain the withholding of payment
16-26 of wages, salary, employment benefits, or other compensation, plus
16-27 interest, found by the court to be due to eligible employees.
17-1 (Sections 83.064-83.100 reserved for expansion
17-2 SUBCHAPTER C. EMPLOYEE PARTICIPATION
17-3 IN CERTAIN SCHOOL AND CHILD-CARE FACILITY ACTIVITIES
17-4 Sec. 83.101. APPLICATION OF SUBCHAPTER TO EMPLOYERS. This
17-5 subchapter applies to:
17-6 (1) a private employer who employs 10 or more
17-7 employees in this state; and
17-8 (2) all public employers, including this state and
17-9 each county and municipality of this state.
17-10 Sec. 83.102. APPLICATION OF SUBCHAPTER TO EMPLOYEES. (a)
17-11 This subchapter applies only to an employee who is a parent, legal
17-12 guardian, or custodial grandparent of a child who is in a licensed
17-13 or certified child-care facility or prekindergarten through grade
17-14 12.
17-15 (b) For purposes of this subchapter, "employee's child"
17-16 means a child in the custody of an employee to whom this subchapter
17-17 applies.
17-18 Sec. 83.103. RIGHT TO PARTICIPATE IN CERTAIN SCHOOL
17-19 ACTIVITIES. (a) An employee is entitled to unpaid time off as
17-20 provided by this section to:
17-21 (1) meet with a teacher of the employee's child or
17-22 with a caregiver of the child in a child-care facility; or
17-23 (2) participate in a facility or school activity of
17-24 the employee's child.
17-25 (b) An employee is entitled under this section to up to two
17-26 hours of unpaid time off in each calendar month.
17-27 (c) Before taking time off under this section, an employee
18-1 must provide the employer with reasonable advance written notice of
18-2 the planned absence of the employee.
18-3 Sec. 83.104. USE OF LEAVE TIME. (a) An employee is not
18-4 required to use existing vacation leave time, personal leave time,
18-5 or compensatory leave time for the purpose of a planned absence
18-6 authorized by this subchapter except as otherwise provided by a
18-7 collective bargaining agreement entered into before September 1,
18-8 2001.
18-9 (b) The use of leave time under this section may not be
18-10 restricted by a term or condition adopted under a collective
18-11 bargaining agreement entered into on or after September 1, 2001.
18-12 Sec. 83.105. DOCUMENTATION. (a) An employee, on the
18-13 employer's request, shall provide documentation to the employer of
18-14 the employee's participation in a particular activity.
18-15 (b) For purposes of this section, "documentation" means any
18-16 verification of parental participation in a facility or school
18-17 activity that the child's facility or school considers reasonable
18-18 and appropriate.
18-19 Sec. 83.106. SAME EMPLOYER. If both parents of a child are
18-20 employed by the same employer at the same workplace, the
18-21 entitlement granted under Section 83.103 may be exercised for a
18-22 specific activity of that child only by the employee who first
18-23 gives notice to the employer as required under Section 83.103(c).
18-24 The other parent may take time off to attend the activity only as
18-25 approved by the employer.
18-26 Sec. 83.107. EMPLOYER RETALIATION PROHIBITED. (a) An
18-27 employer may not suspend or terminate the employment of, or
19-1 otherwise discriminate against, an employee who takes a planned
19-2 absence authorized by this chapter to participate in an activity of
19-3 the employee's child if the employee has given written notice as
19-4 required under Section 83.103(c).
19-5 (b) An individual whose employment is suspended or
19-6 terminated in violation of this subchapter is entitled to:
19-7 (1) reinstatement to the individual's former position
19-8 or a position that is comparable in terms of compensation,
19-9 benefits, and other conditions of employment;
19-10 (2) compensation for wages lost during the period of
19-11 suspension or termination;
19-12 (3) reinstatement of any fringe benefits and seniority
19-13 rights lost because of the suspension or termination; and
19-14 (4) if the individual brings an action to enforce this
19-15 subsection and is the prevailing party, payment by the employer of
19-16 court costs and reasonable attorney's fees.
19-17 Sec. 83.108. NOTICE TO EMPLOYEES. (a) Each employer shall
19-18 inform its employees of their rights under this subchapter by
19-19 posting a conspicuous sign in a prominent location in the
19-20 employer's workplace.
19-21 (b) The commission by rule shall prescribe the design and
19-22 content of the sign required by this section.
19-23 SECTION 2. (a) This Act takes effect September 1, 2001, and
19-24 applies only to a suspension, termination, or other adverse
19-25 employment action that is taken by an employer against an employee
19-26 because of an employee absence authorized under Chapter 83, Labor
19-27 Code, as added by this Act, that occurs on or after January 1,
20-1 2002. Action taken by an employer against an employee for an
20-2 employee absence occurring before January 1, 2002, is governed by
20-3 the law in effect immediately before the effective date of this
20-4 Act, and the former law is continued in effect for that purpose.
20-5 (b) An employee is not entitled to take leave as provided by
20-6 Chapter 83, Labor Code, as added by this Act, before January 1,
20-7 2002.
20-8 (c) The Commission on Human Rights shall adopt rules and
20-9 prescribe notices and forms as required by Chapter 83, Labor Code,
20-10 as added by this Act, not later than November 1, 2001.