79R952 PB-D

By:  Zaffirini                                                    S.B. No. 41 



A BILL TO BE ENTITLED

AN ACT

relating to the right of an employee to time off from work to 
participate in certain activities 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 PARTICIPATION
IN CERTAIN SCHOOL AND CHILD-CARE FACILITY 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 a licensed or certified child-care facility or 
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 unpaid time off as provided by this section to:
		(1)  meet with a teacher of the employee's child or with 
a caregiver of the child in a child-care facility; or
		(2)  participate in a facility or school activity of 
the employee's child.
	(b)  An employee is entitled under this section to up to one 
hour in each calendar month.
	(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, 
2005.
	(b)  The use of leave time under this section may not be 
restricted by a term or condition adopted under a collective 
bargaining agreement entered into on or after September 1, 2005.
	Sec. 83.005.  DOCUMENTATION.  (a)  An employee shall provide 
documentation to the employer of the employee's participation in a 
particular activity on the employer's request.
	(b)  For purposes of this section, "documentation" means any 
verification of parental participation in a facility or school 
activity that the child's facility or school considers reasonable 
and appropriate.
	Sec. 83.006.  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 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 
activity only as approved by the employer.
	Sec. 83.007.  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 an 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;
		(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. 83.008.  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 that date 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.