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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of an employee to time off from work to |
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participate in certain school activities of the employee's child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 2, Labor Code, is amended by |
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adding Chapter 83 to read as follows: |
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CHAPTER 83. EMPLOYEE RIGHT TO PARTICIPATION |
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IN CERTAIN SCHOOL ACTIVITIES |
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Sec. 83.001. DEFINITIONS. In this chapter: |
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(1) "Employee" means a person other than an |
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independent contractor who, for compensation, performs services |
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for an employer under a written or oral contract of hire, whether |
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express or implied. |
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(2) "Employee's child" means a child in the custody of |
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an employee to whom this chapter applies. |
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(3) "Employer" means a person who employs 10 or more |
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employees at the same workplace. The term includes a public |
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employer. |
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Sec. 83.002. APPLICATION. This chapter applies to an |
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employee who is a parent, legal guardian, or custodial grandparent |
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of a child who is in prekindergarten through grade 12. |
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Sec. 83.003. RIGHT TO PARTICIPATE IN CERTAIN SCHOOL |
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ACTIVITIES. (a) An employee who has been employed by the same |
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employer for at least six consecutive months is entitled to time off |
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as provided by this section to: |
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(1) meet with a teacher of the employee's child; or |
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(2) participate in a school activity of the employee's |
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child. |
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(b) An employee is entitled under this section to up to |
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eight hours of leave in each 12-month period. |
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(c) Before taking time off under this section, an employee |
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must provide the employer with written notice at least 48 hours |
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before the time the planned absence of the employee is to begin. |
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Sec. 83.004. USE OF LEAVE TIME. (a) An employee is not |
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required to use existing vacation leave time, personal leave time, |
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or compensatory leave time for the purpose of a planned absence |
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authorized by this chapter except as otherwise provided by a |
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collective bargaining agreement entered into before September 1, |
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2007. |
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(b) The use of leave time under this section may not be |
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restricted by a term or condition adopted under a collective |
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bargaining agreement that is entered into on or after September 1, |
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2007. |
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(c) This section does not apply to an employer that provides |
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the employer's employees with paid time off in the form of a |
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flexible holiday that: |
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(1) may be taken at the employee's discretion; and |
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(2) exceeds four hours annually. |
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Sec. 83.005. EFFECT ON EMPLOYEE PAY. An employer may not |
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reduce the pay otherwise owed to the employee for any pay period |
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lasting eight hours or less because the employee took time off |
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during that pay period for the purpose of a planned absence |
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authorized by this chapter. |
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Sec. 83.006. DOCUMENTATION. (a) An employee shall provide |
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documentation to the employer of the employee's participation in a |
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particular school activity on the employer's request. |
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(b) For purposes of this section, "documentation" means any |
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verification of parental participation in a school activity that |
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the child's school considers reasonable and appropriate. |
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Sec. 83.007. SAME EMPLOYER. If both parents of a child are |
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employed by the same employer at the same workplace, the |
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entitlement granted under Section 83.003 may be exercised as |
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regards a specific school activity of that child only by the |
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employee who first gives notice to the employer as required under |
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Section 83.003(c). The other parent is entitled to time off to |
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attend the school activity only as approved by the employer. |
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Sec. 83.008. EMPLOYER RETALIATION PROHIBITED. (a) An |
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employer may not suspend or terminate the employment of, or |
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otherwise discriminate against, an employee who takes a planned |
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absence authorized by this chapter to participate in a school |
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activity of the employee's child if the employee has given written |
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notice as required under Section 83.003(c). |
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(b) An employee whose employment is suspended or terminated |
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in violation of this chapter is entitled to: |
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(1) reinstatement to the employee's former position or |
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a position that is comparable in terms of compensation, benefits, |
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and other conditions of employment; |
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(2) compensation for wages lost during the period of |
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suspension or termination; |
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(3) reinstatement of any fringe benefits and seniority |
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rights lost because of the suspension or termination; and |
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(4) if the employee brings an action to enforce this |
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subsection and is the prevailing party, payment by the employer of |
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court costs and reasonable attorney's fees. |
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Sec. 83.009. NOTICE TO EMPLOYEES. (a) Each employer shall |
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inform its employees of their rights under this chapter by posting a |
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conspicuous sign in a prominent location in the employer's |
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workplace. |
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(b) The Texas Workforce Commission by rule shall prescribe |
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the design and content of the sign required by this section. |
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SECTION 2. This Act applies only to a suspension, |
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termination, or other adverse employment action that is taken by an |
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employer against an employee because of an employee absence |
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authorized under Chapter 83, Labor Code, as added by this Act, that |
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occurs on or after the effective date of this Act. A suspension, |
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termination, or other adverse employment action that is taken by an |
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employer against an employee before the effective date of this Act |
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is governed by the law in effect on the date the employment action |
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is taken, and the former law is continued in effect for that |
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purpose. |
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SECTION 3. This Act takes effect September 1, 2007. |