By Turner of Harris, Chavez, Coleman, H.B. No. 1761
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the right of an employee to time off from work to meet
1-3 with certain persons affecting the education of the employee's
1-4 child.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
1-7 adding Chapter 83 to read as follows:
1-8 CHAPTER 83. EMPLOYEE RIGHT TO MEET WITH CERTAIN PERSONS
1-9 AFFECTING THE EDUCATION OF THE EMPLOYEE'S CHILD
1-10 Sec. 83.001. DEFINITIONS. In this chapter:
1-11 (1) "Employee" means a person other than an
1-12 independent contractor who, for compensation, performs services for
1-13 an employer under a written or oral contract of hire, whether
1-14 express or implied.
1-15 (2) "Employee's child" means a child who is in
1-16 kindergarten through grade 12 and is in the custody of an employee.
1-17 (3) "Employer" means a person engaged in an industry
1-18 affecting commerce who has 10 or more employees for each working
1-19 day in each of 20 or more calendar weeks in the current or
1-20 preceding calendar year.
1-21 Sec. 83.002. RIGHT TO MEET WITH SCHOOL PERSONNEL. (a) An
1-22 employee who has been employed by the same employer for at least 12
1-23 consecutive months and who has worked for the employer for at least
1-24 1,250 hours during the preceding 12 months is entitled to leave as
1-25 provided by this section to meet, at the request of the teacher,
2-1 counselor, or principal, with:
2-2 (1) a teacher of the employee's child;
2-3 (2) the school counselor of the employee's child; or
2-4 (3) the principal of the school the employee's child
2-5 is attending.
2-6 (b) An employee is entitled under this section to up to 10
2-7 hours of leave in each 12-month period.
2-8 (c) Before taking leave under this section, an employee must
2-9 provide the employer with written notice at least 48 hours before
2-10 the time the planned absence of the employee is to begin. The
2-11 written notice required under this subsection must include a
2-12 statement of the approximate amount of time needed for the meeting
2-13 with the teacher, counselor, or principal.
2-14 (d) The notice requirement under Subsection (c) does not
2-15 apply to an employee who requires an immediate unplanned leave in
2-16 an emergency situation involving the employee's child.
2-17 (e) On the request of the employer, an employee shall
2-18 provide to the employer documentation of the meeting requested by
2-19 the teacher, counselor, or principal.
2-20 Sec. 83.003. UNPAID LEAVE; USE OF LEAVE TIME. (a) Except
2-21 as provided by Subsection (b), leave taken under this chapter may
2-22 be unpaid leave.
2-23 (b) An employee entitled to leave under this chapter may
2-24 elect to use, or the employer may require the employee to use,
2-25 accrued vacation leave time, personal leave time, compensatory
2-26 leave time, or other appropriate paid leave time for an absence
2-27 authorized by this chapter.
3-1 Sec. 83.004. EMPLOYER RETALIATION PROHIBITED. (a) An
3-2 employer may not suspend or terminate the employment of an employee
3-3 who takes leave under this chapter because the employee has taken
3-4 leave under this chapter if the employee has:
3-5 (1) given written notice as required under Section
3-6 83.002(c); or
3-7 (2) taken emergency leave as described by Section
3-8 83.002(d).
3-9 (b) A violation of this section is established if the
3-10 complainant demonstrates that, but for the complainant having taken
3-11 leave under this chapter, the employer would not have suspended or
3-12 terminated the employment of the complainant.
3-13 (c) An employee whose employment is suspended or terminated
3-14 in violation of this section 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; and
3-20 (3) reinstatement of any accrued paid leave and
3-21 seniority rights lost because of the suspension or termination.
3-22 (d) Lost wages otherwise allowable under Subsection (c)(2)
3-23 are reduced by the amount of any interim earnings, workers'
3-24 compensation benefits, and unemployment compensation benefits
3-25 received by the affected employee.
3-26 (e) If an action to enforce this section is brought, the
3-27 court may allow the prevailing party court costs and reasonable
4-1 attorney's fees.
4-2 Sec. 83.005. NOTICE TO EMPLOYEES. (a) Each employer shall
4-3 inform its employees of their rights under this chapter by posting
4-4 a conspicuous sign in a prominent location in the employer's
4-5 workplace.
4-6 (b) The Texas Workforce Commission by rule shall prescribe
4-7 the design and content of the sign required by this section.
4-8 SECTION 2. This Act takes effect September 1, 2001, and
4-9 applies only to a suspension or termination of an employee because
4-10 of an employee absence authorized under Chapter 83, Labor Code, as
4-11 added by this Act, that occurs on or after that date. A suspension
4-12 or termination occurring before that date is governed by the law in
4-13 effect on the date the suspension or termination took effect, and
4-14 the former law is continued in effect for that purpose.