81R1816 PB-D
By: Zaffirini S.B. No. 60
A BILL TO BE ENTITLED
AN ACT
relating to the right of an employee who is a victim of a crime to
time off from work to attend court proceedings related to that
crime.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
adding Chapter 84 to read as follows:
CHAPTER 84. EMPLOYEE RIGHT TO ATTEND CERTAIN COURT PROCEEDINGS
Sec. 84.001. DEFINITIONS. In this chapter:
(1) "Employee" means an individual, 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) "Employer" means a person who employs one or more
employees. The term includes a public employer.
(3) "Public employer" means this state and political
subdivisions of this state, including:
(A) state, county, and municipal agencies;
(B) public schools, colleges, and universities;
and
(C) river authorities, publicly owned utilities,
and other special districts.
(4) "Victim" means an individual who is the victim of
the offense of sexual assault, kidnapping, aggravated robbery, or
injury to a child, elderly individual, or disabled individual or
who has suffered bodily injury as a result of the criminal conduct
of another.
Sec. 84.002. RIGHT TO ATTEND COURT PROCEEDINGS; NOTICE TO
EMPLOYER. An employee who is a victim of a crime is entitled to
time off as provided by this chapter to attend court proceedings
related to the crime.
Sec. 84.003. USE OF LEAVE TIME. (a) An employee is not
required to use existing vacation leave time, personal leave time,
or compensatory leave time for the purpose of an absence from work
authorized by this chapter except as otherwise provided by a
collective bargaining agreement entered into before September 1,
2009.
(b) 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,
2009.
Sec. 84.004. EFFECT ON EMPLOYEE PAY. An employer may not
reduce the pay otherwise owed to an employee for any pay period
lasting eight hours or less because the employee took time off
during that pay period for the purpose of an absence from work
authorized by this chapter.
Sec. 84.005. DOCUMENTATION. (a) Except as provided by
Subsection (b), on return to work an employee shall provide
reasonable documentation to the employer on the employer's request
regarding the employee's absence from work to attend court
proceedings related to the crime of which the employee was a victim.
(b) An employer may not require documentation under
Subsection (a) if, under Section 56.02(a)(10), Code of Criminal
Procedure, the attorney for the state notifies the employer of the
victim of the necessity of the victim's cooperation and testimony
in a proceeding that may necessitate the absence of the victim from
work.
Sec. 84.006. EMPLOYER RETALIATION PROHIBITED. (a) An
employer may not suspend or terminate the employment of, or
otherwise discriminate against, an employee who takes time off from
work authorized by this chapter.
(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
section and is the prevailing party, payment by the employer of
court costs and reasonable attorney's fees.
Sec. 84.007. 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 from
work authorized under Chapter 84, Labor Code, as added by this Act,
that occurs on or after the effective date of this Act. A
suspension, termination, or other adverse employment action that is
taken by an employer against an employee before the effective date
of this Act is governed by the law in effect on the date the
employment action is taken, and the former law is continued in
effect for that purpose.
SECTION 3. This Act takes effect September 1, 2009.