By Garcia H.B. No. 76 77R652 PB-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to family and medical leave for certain employees; 1-3 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 OR MEDICAL OBLIGATIONS 1-8 SUBCHAPTER A. GENERAL PROVISIONS 1-9 Sec. 83.001. DEFINITIONS. In this chapter: 1-10 (1) "Child" means a biological child, adopted or 1-11 foster child, stepchild, legal ward, or child of a person standing 1-12 in loco parentis who is: 1-13 (A) under 18 years of age; or 1-14 (B) 18 years of age or older and incapable of 1-15 self-care because of a physical or mental disability or serious 1-16 health condition. 1-17 (2) "Commission" means the Texas Workforce Commission. 1-18 (3) "Employee" means an individual who performs 1-19 services for an employer for compensation under an oral or written 1-20 contract of hire, whether express or implied. The term does not 1-21 include an independent contractor. 1-22 (4) "Employee benefit plan" has the meaning assigned 1-23 by Section 3(3), Employee Retirement Income Security Act of 1974 1-24 (29 U.S.C. Section 1002(3)). 2-1 (5) "Employer" means a person who employs employees. 2-2 The term includes a public employer. 2-3 (6) "Employment benefits" means all benefits provided 2-4 by or made available to employees by an employer. The term 2-5 includes group life insurance, health insurance, disability 2-6 insurance, sick leave, annual leave, educational benefits, and 2-7 pensions whether the benefits are provided by a practice or written 2-8 policy of an employer or through an employee benefit plan. 2-9 (7) "Health care provider" means: 2-10 (A) a licensed individual who provides or 2-11 renders health care; or 2-12 (B) an unlicensed individual who provides or 2-13 renders health care under the direction or supervision of a 2-14 physician. 2-15 (8) "Parent" means: 2-16 (A) the biological parent of an employee; or 2-17 (B) an individual who stood in loco parentis to 2-18 an employee when the employee was a child. 2-19 (9) "Reduced leave schedule" means leave that reduces 2-20 the usual number of hours worked per workweek, or hours per 2-21 workday, of an employee. 2-22 (10) "Serious health condition" means an illness, 2-23 injury, impairment, or physical or mental condition that requires 2-24 inpatient care in a hospital, hospice, or residential medical care 2-25 facility or continuing treatment by a health care provider. The 2-26 term includes a serious disease such as cancer or acquired immune 2-27 deficiency syndrome. 3-1 SUBCHAPTER B. FAMILY AND MEDICAL LEAVE 3-2 Sec. 83.051. APPLICATION OF SUBCHAPTER. This subchapter 3-3 applies to each employer who employs 50 or more employees in this 3-4 state. 3-5 Sec. 83.052. FAMILY AND MEDICAL LEAVE. (a) Except as 3-6 provided by Section 83.057, an eligible employee is entitled to a 3-7 total of 12 workweeks of leave during any 12-month period because 3-8 of one or more of the following: 3-9 (1) the birth of a child of the employee if the leave 3-10 is required to care for that child; 3-11 (2) the placement of a child with the employee for 3-12 adoption or foster care; 3-13 (3) a serious health condition of the spouse, child, 3-14 or parent of the employee, if leave is required to care for the 3-15 spouse, child, or parent; or 3-16 (4) a serious health condition of the employee that 3-17 makes the employee unable to perform the functions of the position 3-18 of employment of the employee. 3-19 (b) Entitlement to leave under Subsection (a) for a birth or 3-20 placement of a child expires on the first anniversary of the date 3-21 of the birth or placement. 3-22 (c) An employee may not take leave under Subsection (a)(1) 3-23 or (a)(2) intermittently unless the employee and the employer of 3-24 the employee agree in writing to that leave. An employee may take 3-25 leave under Subsection (a)(3) or (a)(4) intermittently when that 3-26 leave is medically necessary. 3-27 (d) If an employee requests intermittent leave under 4-1 Subsection (a)(3) or (a)(4) that is foreseeable because of planned 4-2 medical treatment, the employer may require the employee to 4-3 transfer temporarily to an available alternative position offered 4-4 by the employer for which the employee is qualified and that: 4-5 (1) has equivalent pay and benefits; and 4-6 (2) better accommodates recurring periods of leave 4-7 than the regular employment position of the employee. 4-8 (e) On the written agreement of the employer and the 4-9 employee, an employee may take leave under Subsection (a) on a 4-10 reduced leave schedule. Work performed by an employee on a reduced 4-11 leave schedule does not reduce the total amount of leave to which 4-12 the employee is entitled under Subsection (a). 4-13 (f) Each employer shall post in conspicuous places on the 4-14 premises of the employer where notices to employees and applicants 4-15 for employment are customarily posted a notice, prepared or 4-16 approved by the commission, setting forth the pertinent provisions 4-17 of this subchapter and information relating to the enforcement of 4-18 this subchapter. An employer who wilfully violates this subsection 4-19 is liable for a civil penalty not to exceed $100 for each 4-20 violation. The attorney general may bring an action to collect a 4-21 civil penalty under this section. Civil penalties assessed under 4-22 this section shall be deposited in the general revenue fund. 4-23 Sec. 83.053. UNPAID LEAVE PERMITTED. (a) Except as provided 4-24 by Subsection (b), leave granted under Section 83.052 may consist 4-25 of unpaid leave. 4-26 (b) If an employer provides paid leave for fewer than 12 4-27 workweeks, any additional weeks of leave necessary to comply with 5-1 the 12 workweeks of leave required under this chapter may be 5-2 provided by the employer without compensation. 5-3 Sec. 83.054. SUBSTITUTION OF PAID LEAVE. (a) An eligible 5-4 employee may elect, or an employer may require an employee, to 5-5 substitute accrued paid vacation leave, personal leave, or other 5-6 leave for leave provided under Section 83.052(a)(1), (2), or (3) 5-7 for any part of the 12 weeks of leave required under Section 5-8 83.052. 5-9 (b) An eligible employee may elect, or an employer may 5-10 require an employee, to substitute accrued paid vacation leave, 5-11 personal leave, or medical or sick leave for leave provided under 5-12 Section 83.052(a)(4) for any part of the 12 weeks of leave required 5-13 under Section 83.052. 5-14 (c) This subchapter does not require an employer to provide 5-15 paid sick leave or paid medical leave in any situation in which 5-16 that employer would not normally provide paid leave. 5-17 Sec. 83.055. FORESEEABILITY OF LEAVE; NOTICE TO EMPLOYER. 5-18 (a) If the necessity for leave under Section 83.052(a)(1) or (2) 5-19 is foreseeable because of an expected birth or adoption, the 5-20 affected employee shall, before the 30th day preceding the date the 5-21 leave is to begin, notify the employer in writing of the employee's 5-22 intention to take the leave. If the date of the birth or adoption 5-23 requires that the leave begin in less than 30 days, the employee 5-24 shall provide notice to the employer as is practicable. 5-25 (b) If the necessity for leave under Section 83.052(a)(3) or 5-26 (4) is foreseeable because of planned medical treatment, the 5-27 employee shall: 6-1 (1) make a reasonable effort to schedule the treatment 6-2 to avoid disrupting unduly the operations of the employer, subject 6-3 to the approval of the health care provider of the employee or of 6-4 the child, spouse, or parent of the employee, as applicable; and 6-5 (2) before the 30th day preceding the date the leave 6-6 is to begin, notify the employer in writing of the employee's 6-7 intention to take the leave. 6-8 (c) Notwithstanding Subsection (b), if the date of the 6-9 treatment requires that the leave begin in less than 30 days, the 6-10 employee shall provide notice to the employer as is practicable. 6-11 Sec. 83.056. SPOUSES EMPLOYED BY SAME EMPLOYER. If a husband 6-12 and wife entitled to leave under Section 83.052 are employed by the 6-13 same employer, the aggregate number of workweeks of leave to which 6-14 both may be entitled may be limited to 12 workweeks during any 6-15 12-month period, if the leave is taken under Section 83.052(a)(1) 6-16 or (2). 6-17 Sec. 83.057. CERTIFICATION. (a) An employer may require 6-18 that a request for leave under Section 83.052(a)(3) or (4) be 6-19 certified by the health care provider of the employee or of the 6-20 child, spouse, or parent of the employee, as appropriate. The 6-21 employee shall provide, in a timely manner, a copy of the 6-22 certification to the employer. 6-23 (b) Certification provided under Subsection (a) is 6-24 sufficient if it states: 6-25 (1) the date on which the serious health condition 6-26 began; 6-27 (2) the probable duration of the condition; 7-1 (3) the appropriate medical facts within the knowledge 7-2 of the health care provider regarding the condition; 7-3 (4) for purposes of leave under Section 83.052(a)(3), 7-4 a statement that the eligible employee is needed to care for the 7-5 child, spouse, or parent and an estimate of the amount of time that 7-6 the employee is needed to care for the child, spouse, or parent; 7-7 (5) for purposes of leave under Section 83.052(a)(4), 7-8 a statement that the employee is unable to perform the functions of 7-9 the position of employment; and 7-10 (6) for purposes of intermittent leave for planned 7-11 medical treatment, the dates on which the treatment is expected to 7-12 be given and the duration of the treatment. 7-13 (c) If the employer has reason to doubt the validity of the 7-14 certification provided under Subsection (a), the employer may 7-15 require, at the expense of the employer, that the employee or 7-16 child, spouse, or parent, as appropriate, obtain the opinion of a 7-17 second health care provider designated or approved by the employer 7-18 concerning any information certified under Subsection (b). A 7-19 health care provider designated or approved under this subsection 7-20 may not be employed on a regular basis by the employer. 7-21 (d) If a second opinion obtained under Subsection (c) 7-22 differs from the opinion in the original certification provided 7-23 under Subsection (a), the employer may require, at the expense of 7-24 the employer, that the employee or child, spouse, or parent, as 7-25 appropriate, obtain the opinion of a third health care provider 7-26 designated or approved jointly by the employer and the employee 7-27 concerning the information certified under Subsection (b). The 8-1 opinion of the third health care provider is final and binding on 8-2 the employer and the employee. 8-3 (e) The employer may require that the employee obtain 8-4 subsequent recertifications on a reasonable basis. 8-5 Sec. 83.058. EMPLOYMENT AND BENEFITS PROTECTION; EXCEPTION. 8-6 (a) An employee who takes leave under Section 83.052 for the 8-7 intended purpose of the leave is entitled, on return from the 8-8 leave, to reinstatement in the former position of employment or an 8-9 equivalent position of employment with equivalent employment 8-10 benefits, pay, and other terms and conditions of employment. 8-11 (b) Leave taken under Section 83.052 may not result in the 8-12 loss of any employment benefit accrued before the date on which the 8-13 leave began. 8-14 (c) This section does not entitle an employee who is 8-15 reinstated in employment to: 8-16 (1) the accrual of seniority or other employment 8-17 benefits during any period of leave; or 8-18 (2) any right, benefit, or position of employment 8-19 other than any right, benefit, or position to which the employee 8-20 would have been entitled had the employee not taken the leave. 8-21 (d) As a condition of eligibility to return to employment 8-22 under Subsection (a), an employer may adopt a uniformly applied 8-23 practice or policy that requires an employee to receive 8-24 certification from a health care provider that the employee is able 8-25 to resume work. This subsection does not supersede another statute 8-26 of this state, an order or ordinance of a political subdivision of 8-27 this state, or a collective bargaining agreement that governs the 9-1 return to work of an employee taking leave under Section 9-2 83.052(a)(4). 9-3 (e) This section does not prohibit an employer from 9-4 requiring an employee on leave under Section 83.052 to report 9-5 periodically to the employer on the status and intention of the 9-6 employee to return to work. 9-7 (f) An employer is not required under this chapter to 9-8 reinstate an employee under Subsection (a) if the employee is a 9-9 salaried employee whose compensation from the employer is computed 9-10 to be in the highest 10 percent of compensation paid to the 9-11 employees employed by that employer within 75 miles of the facility 9-12 at which the employee is employed. 9-13 Sec. 83.059. MAINTENANCE OF GROUP HEALTH BENEFITS. (a) 9-14 Except as provided by Subsection (b), during any period that an 9-15 eligible employee takes leave under Section 83.052, the employer 9-16 shall maintain coverage for that employee under any applicable 9-17 group health plan for the duration of the leave at the level and 9-18 under the conditions the coverage would have been provided if the 9-19 employee had continued in employment continuously from the date on 9-20 which the employee began the leave until the date on which the 9-21 employee returned to employment under Section 83.058. 9-22 (b) The employer may recover the premium that the employer 9-23 paid to maintain insurance coverage for the employee under the 9-24 group health benefit plan during any period of unpaid leave taken 9-25 under Section 83.052 if the employee fails to return to work: 9-26 (1) after the period of leave to which the employee is 9-27 entitled has expired; and 10-1 (2) for a reason other than: 10-2 (A) the continuation, recurrence, or onset of a 10-3 serious health condition that entitles the employee to leave under 10-4 Section 83.052(a)(3) or (4); or 10-5 (B) other circumstances beyond the control of 10-6 the employee. 10-7 (c) An employer may require that a claim that an employee is 10-8 unable to return to work because of the continuation, recurrence, 10-9 or onset of a serious health condition be certified by: 10-10 (1) the health care provider of the eligible employee, 10-11 if the employee is unable to return to work because of a condition 10-12 specified under Section 83.052(a)(4); or 10-13 (2) the health care provider of the child, spouse, or 10-14 parent of the employee if the employee is unable to return to work 10-15 because of a condition specified under Section 83.052(a)(3). 10-16 (d) The employee shall provide, in a timely manner, a copy 10-17 of the certification to the employer. 10-18 (e) Certification required under Subsection (c)(1) is 10-19 sufficient if the certification states that a serious health 10-20 condition made the employee unable to perform the functions of the 10-21 position of employment on the date that the leave expired. 10-22 Certification required under Subsection (c)(2) is sufficient if the 10-23 certification states that the employee is needed to care for the 10-24 child, spouse, or parent because of the serious health condition in 10-25 effect on the date that the leave expired. 10-26 (f) For the purposes of this section, "group health plan" 10-27 has the meaning assigned by Section 5000(b)(1), Internal Revenue 11-1 Code of 1986 (26 U.S.C. Section 5000(b)(1)). 11-2 Sec. 83.060. APPLICATION TO EMPLOYEES OF CERTAIN EDUCATIONAL 11-3 INSTITUTIONS. (a) Except as otherwise provided by this section, 11-4 the rights, remedies, and procedures under this chapter apply to 11-5 the employees of a public or private elementary or secondary school 11-6 or school district. 11-7 (b) If an employee employed principally in an instructional 11-8 capacity by a school requests leave under Section 83.052(a)(3) or 11-9 (4) that is foreseeable because of planned medical treatment and 11-10 that leave would exceed 20 percent of the total number of working 11-11 days in the applicable academic period, the school may require that 11-12 the employee elect to: 11-13 (1) take the leave in periods of a particular 11-14 duration, not to exceed the duration of the planned medical 11-15 treatment; or 11-16 (2) transfer temporarily to an available alternative 11-17 position offered by the employer for which the employee is 11-18 qualified and that: 11-19 (A) has equivalent pay and benefits; and 11-20 (B) better accommodates recurring periods of 11-21 leave than the regular employment position of the employee. 11-22 (c) An employee who makes an election under Subsection (b) 11-23 must comply with Section 83.055(b). 11-24 (d) This subsection applies to periods of leave requested 11-25 near the conclusion of an academic term in the case of an employee 11-26 employed principally in an instructional capacity by a school. If 11-27 the employee begins leave under Section 83.052 more than five weeks 12-1 before the end of the academic term, the school may require the 12-2 employee to continue taking leave until the end of that term if the 12-3 leave lasts at least three weeks and the return to employment would 12-4 occur during the last three weeks of the term. If the employee 12-5 begins leave under Section 83.052(a)(1), (2), or (3) during the 12-6 period that begins five weeks before the end of the academic term, 12-7 the school may require the employee to continue taking leave until 12-8 the end of that term if the leave is longer than two weeks and the 12-9 return to employment would occur during the last two weeks of the 12-10 term. If the eligible employee begins leave under Section 12-11 83.052(a)(1), (2), or (3) during the three weeks before the end of 12-12 the academic term and the leave lasts longer than five working 12-13 days, the school may require the employee to continue to take leave 12-14 until the end of the term. 12-15 (e) The determination concerning placement in an equivalent 12-16 position of employment under Section 83.058(a) shall be made on the 12-17 basis of established public school district policies and practices, 12-18 private school policies and practices, and any applicable 12-19 collective bargaining agreements. 12-20 Sec. 83.061. COMMISSION POWERS AND DUTIES. (a) The 12-21 commission shall adopt rules as necessary to implement this 12-22 subchapter. 12-23 (b) To ensure compliance with this subchapter or any rule 12-24 adopted under this subchapter, the commission may investigate 12-25 employers subject to this subchapter. Each employer subject to 12-26 this subchapter shall maintain records in accordance with rules 12-27 adopted by the commission. 13-1 (c) The commission may not require under this section an 13-2 employer to submit books, records, or other information more 13-3 frequently than annually, unless the commission: 13-4 (1) has reasonable cause to believe that the employer 13-5 has violated this subchapter or a rule adopted under this 13-6 subchapter; or 13-7 (2) is investigating a charge under Section 83.063. 13-8 (d) For the purposes of any investigation conducted under 13-9 this section, the commission may exercise the subpoena authority 13-10 granted under Subchapter E, Chapter 301. 13-11 Sec. 83.062. PROHIBITED ACTS. (a) An employer may not 13-12 interfere with, restrain, or deny the exercise of or the attempt to 13-13 exercise any right provided under this subchapter. 13-14 (b) An employer may not discharge or otherwise discriminate 13-15 against an individual for opposing a practice made unlawful by this 13-16 subchapter. 13-17 (c) A person may not discharge or otherwise discriminate 13-18 against an individual because that individual has: 13-19 (1) filed a charge, or instituted or caused to be 13-20 instituted a proceeding, under or related to this subchapter; 13-21 (2) given, or is about to give, any information in 13-22 connection with an inquiry or proceeding relating to a right 13-23 provided under this subchapter; or 13-24 (3) testified, or is about to testify, in an inquiry 13-25 or proceeding relating to a right provided under this subchapter. 13-26 Sec. 83.063. ENFORCEMENT. (a) An employer who violates 13-27 Section 83.062 is liable to an affected individual for damages 14-1 equal to the amount of: 14-2 (1) any wages, salary, employment benefits, or other 14-3 compensation denied or lost to the individual by reason of the 14-4 violation or, if wages, salary, employment benefits, or other 14-5 compensation has not been denied or lost, any actual monetary 14-6 losses sustained by the individual as a direct result of the 14-7 violation, including the cost of providing necessary care, not to 14-8 exceed an amount equal to the individual's wages or salary for 12 14-9 weeks; 14-10 (2) interest on the amount determined under 14-11 Subdivision (1) computed at the prevailing rate of interest on 14-12 judgments; and 14-13 (3) an additional amount as liquidated damages equal 14-14 to the sum of the amount determined under Subdivision (1) and the 14-15 interest determined under Subdivision (2). 14-16 (b) If an employer who has violated Section 83.062 proves to 14-17 the satisfaction of the court that the act or omission that 14-18 violated Section 83.062 was in good faith and that the employer had 14-19 reasonable grounds for believing that the act or omission was not a 14-20 violation, the court may reduce the amount of damages to the amount 14-21 determined under Subsections (a)(1) and (2). 14-22 (c) The employer is also liable for equitable relief as 14-23 appropriate, including employment, reinstatement, and promotion. 14-24 (d) An action to recover damages or equitable relief under 14-25 this section may be maintained by any one or more individuals for 14-26 and on behalf of those individuals or those individuals and other 14-27 individuals similarly situated. 15-1 (e) In addition to any judgment awarded to the plaintiff, 15-2 the court may require the defendant to pay reasonable attorney's 15-3 fees, reasonable expert witness fees, and other costs. 15-4 (f) Unless the action is dismissed without prejudice on 15-5 motion of the commission, the right to bring an action under this 15-6 section terminates on: 15-7 (1) the filing of a complaint by the commission in an 15-8 action under Subsection (j) in which: 15-9 (A) restraint is sought of any further delay in 15-10 the payment of the damages described in Subsection (a); or 15-11 (B) equitable relief is sought as a result of 15-12 alleged violations of Section 83.062; or 15-13 (2) the filing of a complaint by the commission in an 15-14 action under Subsection (h) in which a recovery is sought of the 15-15 damages described in Subsection (a). 15-16 (g) The commission shall receive, investigate, and attempt 15-17 to resolve complaints of violations under Section 83.062 in the 15-18 same manner that the commission receives, investigates, and 15-19 attempts to resolve complaints of violations under Chapter 61. 15-20 (h) The commission may bring an action to recover on behalf 15-21 of an individual the damages described in Subsection (a). Any 15-22 amount recovered by the commission on behalf of an individual under 15-23 this subsection shall be held in a special deposit account and 15-24 shall be paid, on order of the commission, directly to the 15-25 individual. Any amount not paid to the individual within three 15-26 years of receipt because of inability to make the payment shall be 15-27 deposited in the state treasury to the credit of the general 16-1 revenue fund. 16-2 (i) Except as otherwise provided by this subsection, an 16-3 action must be brought under this section not later than the second 16-4 anniversary of the date of the last event constituting the alleged 16-5 violation for which the action is brought. If the action alleges a 16-6 wilful violation of Section 83.062, the action must be brought not 16-7 later than the third anniversary of the date of the last event 16-8 constituting the alleged violation. For the purposes of this 16-9 subsection, an action is begun by the commission under Subsection 16-10 (h) on the date on which the complaint is filed under Subsection 16-11 (g). 16-12 (j) In addition to an action to recover damages, the 16-13 commission may bring an action to restrain violations of Section 16-14 83.062, including an action to restrain the withholding of payment 16-15 of wages, salary, employment benefits, or other compensation, plus 16-16 interest, found by the court to be due to eligible employees. 16-17 SUBCHAPTER B. EMPLOYEE PARTICIPATION 16-18 IN CERTAIN SCHOOL AND CHILD-CARE FACILITY ACTIVITIES 16-19 Sec. 83.101. APPLICATION OF SUBCHAPTER TO EMPLOYERS. This 16-20 subchapter applies only to an employer who employs 10 or more 16-21 employees in this state. 16-22 Sec. 83.102. APPLICATION OF SUBCHAPTER TO EMPLOYEES. (a) 16-23 This subchapter applies only to an employee who is a parent, legal 16-24 guardian, or custodial grandparent of a child who is in a licensed 16-25 or certified child-care facility or prekindergarten through grade 16-26 12. 16-27 (b) For purposes of this subchapter, "employee's child" 17-1 means a child in the custody of an employee to whom this subchapter 17-2 applies. 17-3 Sec. 83.103. RIGHT TO PARTICIPATE IN CERTAIN SCHOOL 17-4 ACTIVITIES. (a) An employee is entitled to unpaid time off as 17-5 provided by this section to: 17-6 (1) meet with a teacher of the employee's child or 17-7 with a caregiver of the child in a child-care facility; or 17-8 (2) participate in a facility or school activity of 17-9 the employee's child. 17-10 (b) An employee is entitled under this section to up to one 17-11 hour in each calendar month. 17-12 (c) Before taking time off under this section, an employee 17-13 must provide the employer with reasonable advance written notice of 17-14 the planned absence of the employee. 17-15 Sec. 83.104. USE OF LEAVE TIME. (a) An employee is not 17-16 required to use existing vacation leave time, personal leave time, 17-17 or compensatory leave time for the purpose of a planned absence 17-18 authorized by this subchapter except as otherwise provided by a 17-19 collective bargaining agreement entered into before September 1, 17-20 2001. 17-21 (b) The use of leave time under this section may not be 17-22 restricted by a term or condition adopted under a collective 17-23 bargaining agreement entered into on or after September 1, 2001. 17-24 Sec. 83.105. DOCUMENTATION. (a) An employee, on the 17-25 employer's request, shall provide documentation to the employer of 17-26 the employee's participation in a particular activity. 17-27 (b) For purposes of this section, "documentation" means any 18-1 verification of parental participation in a facility or school 18-2 activity that the child's facility or school considers reasonable 18-3 and appropriate. 18-4 Sec. 83.106. SAME EMPLOYER. If both parents of a child are 18-5 employed by the same employer at the same workplace, the 18-6 entitlement granted under Section 83.103 may be exercised for a 18-7 specific activity of that child only by the employee who first 18-8 gives notice to the employer as required under Section 83.103(c). 18-9 The other parent may take time off to attend the activity only as 18-10 approved by the employer. 18-11 Sec. 83.107. EMPLOYER RETALIATION PROHIBITED. (a) An 18-12 employer may not suspend or terminate the employment of, or 18-13 otherwise discriminate against, an employee who takes a planned 18-14 absence authorized by this chapter to participate in an activity of 18-15 the employee's child if the employee has given written notice as 18-16 required under Section 83.103(c). 18-17 (b) An individual whose employment is suspended or 18-18 terminated in violation of this subchapter is entitled to: 18-19 (1) reinstatement to the individual's former position 18-20 or a position that is comparable in terms of compensation, 18-21 benefits, and other conditions of employment; 18-22 (2) compensation for wages lost during the period of 18-23 suspension or termination; 18-24 (3) reinstatement of any fringe benefits and seniority 18-25 rights lost because of the suspension or termination; and 18-26 (4) if the individual brings an action to enforce this 18-27 subsection and is the prevailing party, payment by the employer of 19-1 court costs and reasonable attorney's fees. 19-2 Sec. 83.108. NOTICE TO EMPLOYEES. (a) Each employer shall 19-3 inform its employees of their rights under this subchapter by 19-4 posting a conspicuous sign in a prominent location in the 19-5 employer's workplace. 19-6 (b) The commission by rule shall prescribe the design and 19-7 content of the sign required by this section. 19-8 SECTION 2. (a) This Act takes effect September 1, 2001, and 19-9 applies only to a suspension, termination, or other adverse 19-10 employment action that is taken by an employer against an employee 19-11 because of an employee absence authorized under Chapter 83, Labor 19-12 Code, as added by this Act, that occurs on or after January 1, 19-13 2002. Action taken by an employer against an employee for an 19-14 employee absence occurring before January 1, 2002, is governed by 19-15 the law in effect immediately before the effective date of this 19-16 Act, and the former law is continued in effect for that purpose. 19-17 (b) An employee is not entitled to take leave as provided by 19-18 Chapter 83, Labor Code, as added by this Act, before January 1, 19-19 2002. 19-20 (c) The Texas Workforce Commission shall adopt rules and 19-21 prescribe notices and forms as required by Chapter 83, Labor Code, 19-22 as added by this Act, not later than November 1, 2001.