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A BILL TO BE ENTITLED
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AN ACT
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relating to the ability of a nonexempt employee to participate in |
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certain academic, extracurricular, and developmental activities of |
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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 ACTIVITIES OF THE EMPLOYEE'S CHILD |
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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) "Employer" means a person who employs at least one |
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employee in this state. The term includes a public employer. |
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(3) "Reasonable advance written notice" means the |
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period, determined by the employer, for an employee to provide |
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written notice of the employee's planned absence under this |
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chapter. |
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Sec. 83.002. APPLICABILITY. This chapter applies to an |
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employee who: |
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(1) is a parent as defined by Section 101.024, Family |
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Code, legal guardian, custodial caregiver, managing conservator, |
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or possessory conservator of a child who is in a licensed or |
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certified child-care facility or prekindergarten through grade 12; |
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(2) has been employed for not less than 90 days by the |
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employer granting the unpaid time off; and |
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(3) is not exempt from the overtime provisions of the |
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federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et |
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seq.). |
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Sec. 83.003. EMPLOYEE RIGHT TO PARTICIPATE IN CERTAIN |
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ACTIVITIES OF EMPLOYEE'S CHILD. (a) An employee who is subject to |
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this chapter is entitled to unpaid time off as provided by this |
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section to: |
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(1) meet with a teacher, counselor, or school |
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administrator of the employee's child or with a caregiver of the |
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child in a child-care facility; or |
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(2) participate in a facility or school activity of |
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the employee's child, including award ceremonies, school |
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productions or events in which the child is participating, or |
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hearings regarding admission, review, or dismissal. |
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(b) An employee who works at least 30 hours a week is |
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entitled under this section to up to eight hours in a calendar month |
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but not more than 40 hours in one calendar year. |
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(c) An employee who works less than 30 hours a week is |
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entitled under this section to up to four hours in a calendar month |
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but not more than 20 hours in one calendar year. |
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(d) Before taking time off under this section, an employee |
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must provide the employer with reasonable advance written notice of |
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the planned absence of the employee, unless the need for the absence |
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was not reasonably foreseeable. An employer may not require notice |
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under this subsection of more than seven calendar days. |
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Sec. 83.004. USE OF LEAVE TIME. (a) An employee may, but is |
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not required to, use existing vacation leave time, personal leave |
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time, or compensatory leave time for the purpose of a planned |
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absence authorized by this chapter except as otherwise provided by |
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a collective bargaining agreement entered into before September 1, |
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2013. |
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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 entered into on or after September 1, 2013. |
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Sec. 83.005. 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 activity on the employer's request. An employer may |
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waive the documentation requirement. |
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(b) For purposes of this section, "documentation" means any |
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verification of parental participation in a facility or school |
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activity that the child's facility or school considers reasonable |
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and appropriate. |
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Sec. 83.006. 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 activity of that child only by the employee who |
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first gives notice to the employer as required under Section |
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83.003(d). The other parent is entitled to time off to attend the |
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activity only as approved by the employer. |
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Sec. 83.007. 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 an activity of |
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the employee's child if the employee has fulfilled the requirements |
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of Section 83.003(d). |
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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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(c) An employer may not decline to interview or hire an |
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applicant solely because the applicant is a parent, legal guardian, |
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custodial caregiver, managing conservator, or possessory |
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conservator of a child in prekindergarten through grade 12. |
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Sec. 83.008. 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. Action taken by |
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an employer against an employee for an employee absence occurring |
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before that date is governed by the law in effect on the date the |
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absence occurred, 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, 2013. |