By Coleman                                             H.B. No. 758
         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.