By Turner of Harris H.B. No. 1761 77R5951 PB-F 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 Sec. 83.002. RIGHT TO MEET WITH SCHOOL PERSONNEL. (a) An 1-18 employee who has been employed by the same employer for at least 1-19 six consecutive months is entitled to leave as provided by this 1-20 section to meet, at the request of the teacher, counselor, or 1-21 principal, with: 1-22 (1) a teacher of the employee's child; 1-23 (2) the school counselor of the employee's child; or 1-24 (3) the principal of the school the employee's child 2-1 is attending. 2-2 (b) An employee is entitled under this section to up to 10 2-3 hours of leave in each 12-month period. 2-4 (c) Before taking leave under this section, an employee must 2-5 provide the employer with written notice at least 24 hours before 2-6 the time the planned absence of the employee is to begin. 2-7 (d) The notice requirement under Subsection (c) does not 2-8 apply to an employee who requires an immediate unplanned leave in 2-9 an emergency situation involving the employee's child. 2-10 Sec. 83.003. UNPAID LEAVE; USE OF LEAVE TIME. (a) Except 2-11 as provided by Subsection (b), leave taken under this chapter may 2-12 be unpaid leave. 2-13 (b) An employee entitled to leave under this chapter may 2-14 use, but is not required to use, existing vacation leave time, 2-15 personal leave time, compensatory leave time, or other appropriate 2-16 paid leave time for a planned absence authorized by this chapter. 2-17 Sec. 83.004. EMPLOYER RETALIATION PROHIBITED. (a) An 2-18 employer may not suspend or terminate the employment of, or 2-19 otherwise discriminate against, an employee who takes leave under 2-20 this chapter if the employee has: 2-21 (1) given written notice as required under Section 2-22 83.002(c); or 2-23 (2) taken emergency leave as described by Section 2-24 83.002(d). 2-25 (b) An employee whose employment is suspended or terminated 2-26 in violation of this section is entitled to: 2-27 (1) reinstatement to the employee's former position or 3-1 a position that is comparable in terms of compensation, benefits, 3-2 and other conditions of employment; 3-3 (2) compensation for wages lost during the period of 3-4 suspension or termination; 3-5 (3) reinstatement of any fringe benefits and seniority 3-6 rights lost because of the suspension or termination; and 3-7 (4) if the employee brings an action to enforce this 3-8 subsection and is the prevailing party, payment by the employer of 3-9 court costs and reasonable attorney's fees. 3-10 Sec. 83.005. NOTICE TO EMPLOYEES. (a) Each employer shall 3-11 inform its employees of their rights under this chapter by posting 3-12 a conspicuous sign in a prominent location in the employer's 3-13 workplace. 3-14 (b) The Texas Workforce Commission by rule shall prescribe 3-15 the design and content of the sign required by this section. 3-16 SECTION 2. This Act takes effect September 1, 2001, and 3-17 applies only to a suspension, termination, or other adverse 3-18 employment action that is taken by an employer against an employee 3-19 because of an employee absence authorized under Chapter 83, Labor 3-20 Code, as added by this Act, that occurs on or after that date. 3-21 Action taken by an employer against an employee for an employee 3-22 absence occurring before that date is governed by the law in effect 3-23 on the date the absence occurred, and the former law is continued 3-24 in effect for that purpose.