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.