| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the ability of a nonexempt employee to participate in |
|
|
certain academic, extracurricular, and developmental 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 ACTIVITIES OF 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. The term includes an employee engaged to work |
|
|
flexible hours established periodically by the employer. |
|
|
(2) "Employer" means a person who employs more than 25 |
|
|
employees in this state, regardless of whether those employees are |
|
|
exempt from the overtime provisions of the federal Fair Labor |
|
|
Standards Act of 1938 (29 U.S.C. Section 201 et seq.). The term |
|
|
includes a public employer. |
|
|
(3) "Reasonable advance written notice" means the |
|
|
period, determined by the employer, for an employee to provide |
|
|
written notice of the employee's planned absence under this |
|
|
chapter. |
|
|
Sec. 83.002. APPLICABILITY. This chapter applies to an |
|
|
employee who: |
|
|
(1) is a parent as defined by Section 101.024, Family |
|
|
Code, legal guardian, custodial caregiver, managing conservator, |
|
|
or possessory conservator of a child who is in a licensed or |
|
|
certified child-care facility or prekindergarten through grade 12; |
|
|
(2) has been employed for not less than 90 days by the |
|
|
employer granting the unpaid time off; and |
|
|
(3) is not exempt from the overtime provisions of the |
|
|
federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et |
|
|
seq.). |
|
|
Sec. 83.003. EMPLOYEE RIGHT TO PARTICIPATE IN CERTAIN |
|
|
ACTIVITIES OF EMPLOYEE'S CHILD. (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, counselor, or school |
|
|
administrator 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, including award ceremonies, school |
|
|
productions or events in which the child is participating, or |
|
|
hearings regarding admission, review, or dismissal. |
|
|
(b) Except as limited by Subsection (c): |
|
|
(1) an employee who works at least 30 hours a week is |
|
|
entitled under this section to up to eight hours of time off at one |
|
|
time but not more than 20 total hours in any one-year period; and |
|
|
(2) an employee who works less than 30 hours a week is |
|
|
entitled under this section to up to eight hours of time off at one |
|
|
time but not more than 15 total hours in any one-year period. |
|
|
(c) An employee is not entitled to take time off under this |
|
|
section more than two times in a one-month period. |
|
|
(d) 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, unless the need for the absence |
|
|
was not reasonably foreseeable. The notice must include the date |
|
|
and time of the planned absence and a brief description of the |
|
|
meeting or activity in which the employee will be participating. An |
|
|
employer may not require notice under this subsection of more than |
|
|
seven calendar days. |
|
|
Sec. 83.004. USE OF LEAVE TIME. (a) An employee may, but 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, |
|
|
2017. |
|
|
(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, 2017. |
|
|
Sec. 83.005. DOCUMENTATION. (a) An employee shall provide |
|
|
documentation to the employer of the employee's attendance at a |
|
|
meeting or participation in a particular activity on the employer's |
|
|
request. An employer may waive the documentation requirement. |
|
|
(b) For purposes of this section, "documentation" means any |
|
|
verification of parental attendance at a meeting or 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 meeting or activity of that child only by the |
|
|
employee who first gives notice to the employer as required under |
|
|
Section 83.003(d). The other parent is entitled to time off to |
|
|
attend the meeting or 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 attend a meeting or |
|
|
participate in an activity of the employee's child if the employee |
|
|
has fulfilled the requirements of Section 83.003(d). |
|
|
(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. |
|
|
(c) An employer may not decline to interview or hire an |
|
|
applicant solely because the applicant is a parent, legal guardian, |
|
|
custodial caregiver, managing conservator, or possessory |
|
|
conservator of a child in a licensed or certified child-care |
|
|
facility or prekindergarten through grade 12. |
|
|
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, 2017. |