77R10664 PB-F
By Turner of Harris, Chavez, Coleman, H.B. No. 1761
Dutton, Yarbrough
Substitute the following for H.B. No. 1761:
By Solis C.S.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
2-1 provided by this section to meet, at the request of the teacher,
2-2 counselor, or principal, with:
2-3 (1) a teacher of the employee's child;
2-4 (2) the school counselor of the employee's child; or
2-5 (3) the principal of the school the employee's child
2-6 is attending.
2-7 (b) An employee is entitled under this section to up to 10
2-8 hours of leave in each 12-month period.
2-9 (c) Before taking leave under this section, an employee must
2-10 provide the employer with written notice at least 24 hours before
2-11 the time the planned absence of the employee is to begin.
2-12 (d) The notice requirement under Subsection (c) does not
2-13 apply to an employee who requires an immediate unplanned leave in
2-14 an emergency situation involving the employee's child.
2-15 (e) On the request of the employer, an employee shall
2-16 provide to the employer documentation of the meeting requested by
2-17 the teacher, counselor, or principal.
2-18 Sec. 83.003. UNPAID LEAVE; USE OF LEAVE TIME. (a) Except
2-19 as provided by Subsection (b), leave taken under this chapter may
2-20 be unpaid leave.
2-21 (b) An employee entitled to leave under this chapter may
2-22 elect to use, or the employer may require the employee to use,
2-23 accrued vacation leave time, personal leave time, compensatory
2-24 leave time, or other appropriate paid leave time for an absence
2-25 authorized by this chapter.
2-26 Sec. 83.004. EMPLOYER RETALIATION PROHIBITED. (a) An
2-27 employer may not suspend or terminate the employment of an employee
3-1 who takes leave under this chapter because the employee has taken
3-2 leave under this chapter if the employee has:
3-3 (1) given written notice as required under Section
3-4 83.002(c); or
3-5 (2) taken emergency leave as described by Section
3-6 83.002(d).
3-7 (b) A violation of this section is established if the
3-8 complainant demonstrates that, but for the complainant having taken
3-9 leave under this chapter, the employer would not have suspended or
3-10 terminated the employment of the complainant.
3-11 (c) An employee whose employment is suspended or terminated
3-12 in violation of this section is entitled to:
3-13 (1) reinstatement to the employee's former position or
3-14 a position that is comparable in terms of compensation, benefits,
3-15 and other conditions of employment;
3-16 (2) compensation for wages lost during the period of
3-17 suspension or termination; and
3-18 (3) reinstatement of any accrued paid leave and
3-19 seniority rights lost because of the suspension or termination.
3-20 (d) Lost wages otherwise allowable under Subsection (c)(2)
3-21 are reduced by the amount of any interim earnings, workers'
3-22 compensation benefits, and unemployment compensation benefits
3-23 received by the affected employee.
3-24 (e) If an action to enforce this section is brought, the
3-25 court may allow the prevailing party court costs and reasonable
3-26 attorney's fees.
3-27 Sec. 83.005. NOTICE TO EMPLOYEES. (a) Each employer shall
4-1 inform its employees of their rights under this chapter by posting
4-2 a conspicuous sign in a prominent location in the employer's
4-3 workplace.
4-4 (b) The Texas Workforce Commission by rule shall prescribe
4-5 the design and content of the sign required by this section.
4-6 SECTION 2. This Act takes effect September 1, 2001, and
4-7 applies only to a suspension or termination of an employee because
4-8 of an employee absence authorized under Chapter 83, Labor Code, as
4-9 added by this Act, that occurs on or after that date. A suspension
4-10 or termination occurring before that date is governed by the law in
4-11 effect on the date the suspension or termination took effect, and
4-12 the former law is continued in effect for that purpose.