1-1 By: Turner of Harris et al. H.B. No. 1761 1-2 (Senate Sponsor - Van de Putte) 1-3 (In the Senate - Received from the House May 9, 2001; 1-4 May 10, 2001, read first time and referred to Committee on Business 1-5 and Commerce; May 11, 2001, reported favorably by the following 1-6 vote: Yeas 4, Nays 0; May 11, 2001, sent to printer.) 1-7 A BILL TO BE ENTITLED 1-8 AN ACT 1-9 relating to the right of an employee to time off from work to meet 1-10 with certain persons affecting the education of the employee's 1-11 child. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subtitle D, Title 2, Labor Code, is amended by 1-14 adding Chapter 83 to read as follows: 1-15 CHAPTER 83. EMPLOYEE RIGHT TO MEET WITH CERTAIN PERSONS 1-16 AFFECTING THE EDUCATION OF THE EMPLOYEE'S CHILD 1-17 Sec. 83.001. DEFINITIONS. In this chapter: 1-18 (1) "Employee" means a person other than an 1-19 independent contractor who, for compensation, performs services for 1-20 an employer under a written or oral contract of hire, whether 1-21 express or implied. 1-22 (2) "Employee's child" means a child who is in 1-23 kindergarten through grade 12 and is in the custody of an employee. 1-24 (3) "Employer" means a person engaged in an industry 1-25 affecting commerce who has 10 or more employees for each working 1-26 day in each of 20 or more calendar weeks in the current or 1-27 preceding calendar year. 1-28 Sec. 83.002. RIGHT TO MEET WITH SCHOOL PERSONNEL. (a) An 1-29 employee who has been employed by the same employer for at least 12 1-30 consecutive months and who has worked for the employer for at least 1-31 1,250 hours during the preceding 12 months is entitled to leave as 1-32 provided by this section to meet, at the request of the teacher, 1-33 counselor, or principal, with: 1-34 (1) a teacher of the employee's child; 1-35 (2) the school counselor of the employee's child; or 1-36 (3) the principal of the school the employee's child 1-37 is attending. 1-38 (b) An employee is entitled under this section to up to 10 1-39 hours of leave in each 12-month period. 1-40 (c) Before taking leave under this section, an employee must 1-41 provide the employer with written notice at least 48 hours before 1-42 the time the planned absence of the employee is to begin. The 1-43 written notice required under this subsection must include a 1-44 statement of the approximate amount of time needed for the meeting 1-45 with the teacher, counselor, or principal. 1-46 (d) The notice requirement under Subsection (c) does not 1-47 apply to an employee who requires an immediate unplanned leave in 1-48 an emergency situation involving the employee's child. 1-49 (e) On the request of the employer, an employee shall 1-50 provide to the employer documentation of the meeting requested by 1-51 the teacher, counselor, or principal. 1-52 Sec. 83.003. UNPAID LEAVE; USE OF LEAVE TIME. (a) Except 1-53 as provided by Subsection (b), leave taken under this chapter may 1-54 be unpaid leave. 1-55 (b) An employee entitled to leave under this chapter may 1-56 elect to use, or the employer may require the employee to use, 1-57 accrued vacation leave time, personal leave time, compensatory 1-58 leave time, or other appropriate paid leave time for an absence 1-59 authorized by this chapter. 1-60 Sec. 83.004. EMPLOYER RETALIATION PROHIBITED. (a) An 1-61 employer may not suspend or terminate the employment of an employee 1-62 who takes leave under this chapter because the employee has taken 1-63 leave under this chapter if the employee has: 1-64 (1) given written notice as required under Section 2-1 83.002(c); or 2-2 (2) taken emergency leave as described by Section 2-3 83.002(d). 2-4 (b) A violation of this section is established if the 2-5 complainant demonstrates that, but for the complainant having taken 2-6 leave under this chapter, the employer would not have suspended or 2-7 terminated the employment of the complainant. 2-8 (c) An employee whose employment is suspended or terminated 2-9 in violation of this section is entitled to: 2-10 (1) reinstatement to the employee's former position or 2-11 a position that is comparable in terms of compensation, benefits, 2-12 and other conditions of employment; 2-13 (2) compensation for wages lost during the period of 2-14 suspension or termination; and 2-15 (3) reinstatement of any accrued paid leave and 2-16 seniority rights lost because of the suspension or termination. 2-17 (d) Lost wages otherwise allowable under Subsection (c)(2) 2-18 are reduced by the amount of any interim earnings, workers' 2-19 compensation benefits, and unemployment compensation benefits 2-20 received by the affected employee. 2-21 (e) If an action to enforce this section is brought, the 2-22 court may allow the prevailing party court costs and reasonable 2-23 attorney's fees. 2-24 Sec. 83.005. NOTICE TO EMPLOYEES. (a) Each employer shall 2-25 inform its employees of their rights under this chapter by posting 2-26 a conspicuous sign in a prominent location in the employer's 2-27 workplace. 2-28 (b) The Texas Workforce Commission by rule shall prescribe 2-29 the design and content of the sign required by this section. 2-30 SECTION 2. This Act takes effect September 1, 2001, and 2-31 applies only to a suspension or termination of an employee because 2-32 of an employee absence authorized under Chapter 83, Labor Code, as 2-33 added by this Act, that occurs on or after that date. A suspension 2-34 or termination occurring before that date is governed by the law in 2-35 effect on the date the suspension or termination took effect, and 2-36 the former law is continued in effect for that purpose. 2-37 * * * * *