78(R) HB 356 - Introduced version


                                                                                

78R1143 PB-D

By:  Dutton                                                       H.B. No. 356



A BILL TO BE ENTITLED

AN ACT

relating to the right of an employee to time off from work to 
participate in certain school activities of the employee's child; 
providing a penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.   Subtitle D, Title 2, Labor Code, is amended by 
adding Chapter 83 to read as follows:

CHAPTER 83.  EMPLOYEE RIGHT TO PARTICIPATION
IN CERTAIN SCHOOL ACTIVITIES
	Sec. 83.001.  DEFINITIONS.  In this chapter:                            
		(1)  "Employee" means a person other than an 
independent contractor who, for compensation, performs services 
for an employer under a written or oral contract of hire, whether 
express or implied.
		(2)  "Employer" means a person who employs 10 or more 
employees at the same workplace. The term includes a public 
employer.
	Sec. 83.002.  APPLICATION.  (a)  This chapter applies to an 
employee who is a parent, legal guardian, or custodial grandparent 
of a child who is in prekindergarten through grade 12.
	(b)  For purposes of this chapter, "employee's child" means a 
child in the custody of an employee to whom this chapter applies.
	Sec. 83.003.  RIGHT TO PARTICIPATE IN CERTAIN SCHOOL 
ACTIVITIES.  (a)  An employee who is subject to this chapter is 
entitled to time off as provided by this section to:
		(1)  meet with a teacher of the employee's child; or                   
		(2)  participate in a school activity of the employee's 
child.       
	(b)  An employee is entitled under this section to up to two 
hours in each semester.
	(c)  Before taking time off under this section, an employee 
must provide the employer with reasonable advance written notice of 
the planned absence of the employee.
	Sec. 83.004.  USE OF LEAVE TIME.  (a)  An employee is not 
required to use existing vacation leave time, personal leave time, 
or compensatory leave time for the purpose of a planned absence 
authorized by this chapter except as otherwise provided by a 
collective bargaining agreement entered into before September 1, 
2003.
	(b)  The use of leave time under this section may not be 
restricted by a term or condition adopted under a collective 
bargaining agreement that is entered on or after September 1, 2003.
	Sec. 83.005.  EFFECT ON EMPLOYEE PAY.  An employer may not 
reduce the pay otherwise owed to the employee for any pay period 
because the employee took time off during that pay period for the 
purpose of a planned absence authorized by this chapter.
	Sec. 83.006.  DOCUMENTATION.  (a)  An employee shall provide 
documentation to the employer of the employee's participation in a 
particular school activity on the employer's request.
	(b)  For purposes of this section, "documentation" means any 
verification of parental participation in a school activity that 
the child's school considers reasonable and appropriate.
	Sec. 83.007.  SAME EMPLOYER.  If both parents of a child are 
employed by the same employer at the same workplace, the 
entitlement granted under Section 83.003 may be exercised as 
regards a specific school activity of that child only by the 
employee who first gives notice to the employer as required under 
Section 83.003(c).  The other parent is entitled to time off to 
attend the school activity only as approved by the employer.
	Sec. 83.008.  EMPLOYER RETALIATION PROHIBITED.  (a)  An 
employer may not suspend or terminate the employment of, or 
otherwise discriminate against, an employee who takes a planned 
absence authorized by this chapter to participate in a school 
activity of the employee's child if the employee has given written 
notice as required under Section 83.003(c).
	(b)  An employee whose employment is suspended or terminated 
in violation of this chapter is entitled to:
		(1)  reinstatement to the employee's former position or 
a position that is comparable in terms of compensation, benefits, 
and other conditions of employment;
		(2)  compensation for wages lost during the period of 
suspension or termination; and
		(3)  reinstatement of any fringe benefits and seniority 
rights lost because of the suspension or termination.
	Sec. 83.009.  CIVIL PENALTY.  (a)  An employer who suspends 
or terminates the employment of an employee in violation of this 
chapter is liable for a civil penalty not to exceed $1,000.
	(b)  The attorney general or an appropriate prosecuting 
attorney may sue to collect a civil penalty under this section.
	(c)  A civil penalty collected under this section shall be 
deposited in the state treasury to the credit of the general revenue 
fund.
	Sec. 83.010.  NOTICE TO EMPLOYEES.  (a)  Each employer shall 
inform its employees of their rights under this chapter by posting a 
conspicuous sign in a prominent location in the employer's 
workplace.
	(b)  The Texas Workforce Commission by rule shall prescribe 
the design and content of the sign required by this section.
	SECTION 2.   This Act takes effect September 1, 2003, and 
applies only to a suspension, termination, or other adverse 
employment action that is taken by an employer against an employee 
because of an employee absence authorized under Chapter 83, Labor 
Code, as added by this Act, that occurs on or after that date.  A 
suspension, termination, or other adverse employment action that is 
taken by an employer against an employee before that date is 
governed by the law in effect on the date that the employment action 
is taken, and the former law is continued in effect for that 
purpose.