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.