80R1172 ABC-F

By: Dutton H.B. No. 753

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 in the custody of an employee to whom this chapter applies.

(3) "Employer" means a person who employs 10 or more employees at the same workplace. The term includes a public employer.

Sec. 83.002. APPLICATION. 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.

Sec. 83.003. 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 eight 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 48 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. 83.004. 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 except as otherwise provided by a collective bargaining agreement entered into before September 1, 2007.

(c) 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 into on or after September 1, 2007.

(d) This section does not apply to an employer that provides the employer's employees with paid leave in the form of a flexible holiday that:

(1) may be taken at the employee's discretion; and

(2) exceeds four hours annually.

Sec. 83.005. EFFECT ON EMPLOYEE PAY. An employer may not reduce the pay otherwise owed to the employee for any pay period lasting eight hours or less 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 meeting with school personnel on the employer's request.

(b) For purposes of this section, "documentation" means any verification of a meeting between the employee and school personnel 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 meeting with school personnel only by the employee who first gives notice to the employer as required under Section 83.003(c). The other parent is entitled to leave to attend the meeting 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 leave under this chapter if the employee has:

(1) given written notice as required under Section 83.003(c); or

(2) taken emergency leave as described by Section 83.003(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. 83.009. 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, 2007.