| 1 | 1 | | 81R3073 KSD-D |
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| 2 | 2 | | By: Van de Putte S.B. No. 648 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the right of an employee who is a parent of a child |
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| 8 | 8 | | enrolled in a special education program to time off from work to |
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| 9 | 9 | | meet with certain persons affecting the education of the child. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Subtitle D, Title 2, Labor Code, is amended by |
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| 12 | 12 | | adding Chapter 83 to read as follows: |
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| 13 | 13 | | CHAPTER 83. RIGHT OF EMPLOYEE WHO IS A PARENT OF A CHILD ENROLLED IN |
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| 14 | 14 | | SPECIAL EDUCATION TO MEET WITH CERTAIN PERSONS AFFECTING THE |
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| 15 | 15 | | EDUCATION OF THE CHILD |
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| 16 | 16 | | Sec. 83.001. DEFINITIONS. In this chapter: |
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| 17 | 17 | | (1) "Employee" means a person other than an |
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| 18 | 18 | | independent contractor who, for compensation, performs services |
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| 19 | 19 | | for an employer under a written or oral contract of hire, whether |
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| 20 | 20 | | express or implied. |
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| 21 | 21 | | (2) "Employee's child" means a child who is: |
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| 22 | 22 | | (A) enrolled in kindergarten through grade 12 in |
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| 23 | 23 | | a special education program; and |
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| 24 | 24 | | (B) in the custody of an employee. |
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| 25 | 25 | | (3) "Special education program" means a program |
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| 26 | 26 | | described by Subchapter A, Chapter 29, Education Code. |
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| 27 | 27 | | Sec. 83.002. RIGHT TO MEET WITH SCHOOL PERSONNEL. (a) An |
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| 28 | 28 | | employee who has been employed by the same employer for at least one |
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| 29 | 29 | | year is entitled to leave as provided by this section to meet, at |
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| 30 | 30 | | the request of the teacher, counselor, or principal, with: |
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| 31 | 31 | | (1) a teacher of the employee's child; |
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| 32 | 32 | | (2) the school counselor of the employee's child; or |
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| 33 | 33 | | (3) the principal of the school the employee's child is |
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| 34 | 34 | | attending. |
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| 35 | 35 | | (b) An employee is entitled under this section to up to 10 |
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| 36 | 36 | | hours of leave in each 12-month period. |
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| 37 | 37 | | (c) Before taking leave under this section, an employee must |
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| 38 | 38 | | provide the employer with written notice at least 48 hours before |
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| 39 | 39 | | the time the planned absence of the employee is to begin. |
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| 40 | 40 | | (d) The notice requirement under Subsection (c) does not |
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| 41 | 41 | | apply to an employee who requires an immediate unplanned leave in an |
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| 42 | 42 | | emergency situation involving the employee's child. |
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| 43 | 43 | | Sec. 83.003. UNPAID LEAVE; USE OF LEAVE TIME. (a) Except |
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| 44 | 44 | | as provided by Subsection (b), leave taken under this chapter must |
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| 45 | 45 | | be unpaid leave. |
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| 46 | 46 | | (b) An employee entitled to leave under this chapter who has |
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| 47 | 47 | | existing vacation leave time, personal leave time, compensatory |
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| 48 | 48 | | leave time, or other appropriate paid leave time must use that leave |
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| 49 | 49 | | time for a planned absence authorized by this chapter. |
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| 50 | 50 | | Sec. 83.004. NOTICE TO EMPLOYEES. (a) Each employer shall |
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| 51 | 51 | | inform its employees of their rights under this chapter by posting a |
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| 52 | 52 | | conspicuous sign in a prominent location in the employer's |
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| 53 | 53 | | workplace. |
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| 54 | 54 | | (b) The Texas Workforce Commission by rule shall prescribe |
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| 55 | 55 | | the design and content of the sign required by this section. |
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| 56 | 56 | | SECTION 2. This Act takes effect September 1, 2009. |
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