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.