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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, disciplinary, college and career readiness, and |
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developmental activities of the employee's child or grandchild. |
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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 PARTICIPATE IN CERTAIN ACTIVITIES OF |
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EMPLOYEE'S CHILD OR GRANDCHILD |
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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. The term includes an employee engaged to work |
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flexible hours established periodically by the employer. |
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(2) "Employer" means a person who employs more than 25 |
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employees at any single place of business in this state. The term |
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includes a public employer. |
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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, grandparent, legal guardian, custodial caregiver, managing |
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conservator, or possessory conservator of a child who is in a |
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licensed or certified child-care facility or prekindergarten |
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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 OR GRANDCHILD. (a) Unless Section |
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83.004 applies, an employee who is subject to this chapter is |
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entitled to unpaid time off as provided by this section to attend |
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meetings that a parent, grandparent, guardian, conservator, or |
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other caregiver of a child is generally required to attend, |
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including: |
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(1) parent-teacher conferences; |
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(2) meetings with teachers, school administrators, or |
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school counselors regarding: |
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(A) high school endorsements or college and |
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career readiness; or |
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(B) progress on standardized tests required by |
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this state; |
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(3) disciplinary meetings or hearings regarding the |
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child; and |
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(4) other meetings regarding the child's development |
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and educational needs. |
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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 two hours of time off in a day |
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but not more than: |
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(1) four hours of time off in a calendar month; or |
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(2) 20 hours of time off 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 two hours of time off in a |
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calendar month but not more than 10 hours of time off in one |
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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 shall establish the |
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time period constituting reasonable advanced written notice under |
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this subsection. The time period may not exceed seven calendar |
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days. |
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Sec. 83.004. EXCEPTION FOR UNDUE HARDSHIP. An employer is |
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not required to provide time off to an employee under Section 83.003 |
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if the employee's absence would result in a reduction of the |
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employer's workforce by five percent or more. |
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Sec. 83.005. USE OF LEAVE TIME. (a) An employer may |
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require an employee to use existing vacation leave time, personal |
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leave time, sick leave time, compensatory leave time, or any other |
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appropriate accrued leave time for the purpose of a planned absence |
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authorized by this chapter. If an employee's employer does not |
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require the employee to use existing accrued leave time for that |
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purpose, the employee may use any type of that leave time for that |
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purpose, except as otherwise provided by a collective bargaining |
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agreement entered into before September 1, 2015. |
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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, 2015. |
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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 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 or grandparental participation in a |
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facility or school activity that the child's facility or school |
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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 with |
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respect to a specific activity of that child only by the employee |
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who 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. 83.008. 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 an activity of |
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the employee's child or grandchild if the employee has fulfilled |
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the requirements 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, grandparent, |
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legal guardian, custodial caregiver, managing conservator, or |
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possessory conservator of a child in a licensed or certified |
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child-care facility or prekindergarten through grade 12. |
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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. An action taken |
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by an employer against an employee for an employee absence |
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occurring before that date is governed by the law in effect on the |
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date the absence occurred, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. This Act takes effect September 1, 2015. |