79R620 PB-F

By:  Dutton                                                       H.B. No. 430



A BILL TO BE ENTITLED

AN ACT

relating to the right of an employee to time off from work to meet 
with certain persons affecting the education of the employee's 
child.
	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 MEET WITH CERTAIN PERSONS
AFFECTING THE EDUCATION OF THE EMPLOYEE'S CHILD
	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)  "Employee's child" means a child who is in 
kindergarten through grade 12 and is in the custody of an employee.
	Sec. 83.002.  RIGHT TO MEET WITH SCHOOL PERSONNEL. (a)  An 
employee who has been employed by the same employer for at least six 
consecutive months is entitled to leave as provided by this section 
to meet, at the request of the teacher, counselor, or principal, 
with:
		(1)  a teacher of the employee's child;                                
		(2)  the school counselor of the employee's child; or                  
		(3)  the principal of the school the employee's child is 
attending.  
	(b)  An employee is entitled under this section to up to 10 
hours of leave in each 12-month period.
	(c)  Before taking leave under this section, an employee must 
provide the employer with written notice at least 24 hours before 
the time the planned absence of the employee is to begin.
	(d)  The notice requirement under Subsection (c) does not 
apply to an employee who requires an immediate unplanned leave in an 
emergency situation involving the employee's child.
	Sec. 83.003.  UNPAID LEAVE; USE OF LEAVE TIME.  (a)  Except 
as provided by Subsection (b), leave taken under this chapter may be 
unpaid leave.
	(b)  An employee entitled to leave under this chapter may 
use, but is not required to use, existing vacation leave time, 
personal leave time, compensatory leave time, or other appropriate 
paid leave time for a planned absence authorized by this chapter.
	Sec. 83.004.  EMPLOYER RETALIATION PROHIBITED.  (a)  An 
employer may not suspend or terminate the employment of, or 
otherwise discriminate against, an employee who takes leave under 
this chapter if the employee has:
		(1)  given written notice as required under Section 
83.002(c); or    
		(2)  taken emergency leave as described by Section 
83.002(d).        
	(b)  An employee whose employment is suspended or terminated 
in violation of this section 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;
		(3)  reinstatement of any fringe benefits and seniority 
rights lost because of the suspension or termination; and
		(4)  if the employee brings an action to enforce this 
subsection and is the prevailing party, payment by the employer of 
court costs and reasonable attorney's fees.
	Sec. 83.005.  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 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 the effective date of this Act. Action taken by 
an employer against an employee for an employee absence occurring 
before the effective date of this Act is governed by the law in 
effect on the date the absence occurred, and the former law is 
continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.