Texas 2009 - 81st Regular

Texas Senate Bill SB649 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R6632 ALB-F
2	2	By: Van de Putte S.B. No. 649
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the ability of an employee to participate in certain
8	8	school-related activities of the employee's child.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
11	11	adding Chapter 86 to read as follows:
12	12	CHAPTER 86. EMPLOYEE RIGHT TO PARTICIPATION
13	13	IN CERTAIN SCHOOL AND CHILD-CARE FACILITY ACTIVITIES
14	14	Sec. 86.001. DEFINITIONS. In this chapter:
15	15	(1) "Employee" means a person other than an
16	16	independent contractor who, for compensation, performs services
17	17	for an employer under a written or oral contract of hire, whether
18	18	express or implied.
19	19	(2) "Employer" means a person who employs at least one
20	20	employee in this state. The term includes a public employer.
21	21	(3) "Reasonable advance written notice" means the
22	22	period, determined by the employer, for an employee to provide
23	23	written notice of the employee's planned absence under this
24	24	chapter.
25	25	(4) "Voluntary family provider" means a person who is
26	26	functioning as the child's primary caregiver, regardless of whether
27	27	that person has legal custody of the child.
28	28	Sec. 86.002. APPLICABILITY. This chapter applies to an
29	29	employee who:
30	30	(1) is a parent as defined by Section 101.024, Family
31	31	Code, legal guardian, custodial caregiver, managing conservator,
32	32	possessory conservator, or voluntary family provider of a child who
33	33	is in a licensed or certified child-care facility or
34	34	prekindergarten through grade 12; and
35	35	(2) has been employed for not less than 90 days by the
36	36	employer granting the unpaid time off.
37	37	Sec. 86.003. RIGHT TO PARTICIPATE IN CERTAIN SCHOOL
38	38	ACTIVITIES. (a) An employee who is subject to this chapter is
39	39	entitled to unpaid time off as provided by this section to:
40	40	(1) meet with a teacher of the employee's child or with
41	41	a caregiver of the child in a child-care facility; or
42	42	(2) participate in a facility or school activity of
43	43	the employee's child, including award ceremonies, school
44	44	productions or events in which the child is participating, or
45	45	hearings regarding admission, review, or dismissal.
46	46	(b) An employee who works not less than 30 hours a week is
47	47	entitled under this section to up to eight hours in a calendar month
48	48	but not more than 40 hours in one calendar year.
49	49	(c) An employee who works less than 30 hours a week is
50	50	entitled under this section to up to four hours in a calendar month
51	51	but not more than 20 hours in one calendar year.
52	52	(d) Before taking time off under this section, an employee
53	53	must provide the employer with reasonable advance written notice of
54	54	the planned absence of the employee, unless the need for the absence
55	55	was not reasonably foreseeable. An employer may not require notice
56	56	under this subsection of more than seven calendar days.
57	57	Sec. 86.004. USE OF LEAVE TIME. (a) An employee may, but is
58	58	not required to, use existing vacation leave time, personal leave
59	59	time, or compensatory leave time for the purpose of a planned
60	60	absence authorized by this chapter except as otherwise provided by
61	61	a collective bargaining agreement entered into before September 1,
62	62	2009.
63	63	(b) The use of leave time under this section may not be
64	64	restricted by a term or condition adopted under a collective
65	65	bargaining agreement entered into on or after September 1, 2009.
66	66	Sec. 86.005. DOCUMENTATION. (a) An employee shall provide
67	67	documentation to the employer of the employee's participation in a
68	68	particular activity on the employer's request. An employer may
69	69	waive the documentation requirement.
70	70	(b) For purposes of this section, "documentation" means any
71	71	verification of parental participation in a facility or school
72	72	activity that the child's facility or school considers reasonable
73	73	and appropriate.
74	74	Sec. 86.006. SAME EMPLOYER. If both parents of a child are
75	75	employed by the same employer at the same workplace, the
76	76	entitlement granted under Section 86.003 may be exercised as
77	77	regards a specific activity of that child only by the employee who
78	78	first gives notice to the employer as required under Section
79	79	86.003(d). The other parent is entitled to time off to attend the
80	80	activity only as approved by the employer.
81	81	Sec. 86.007. EMPLOYER RETALIATION PROHIBITED. (a) An
82	82	employer may not suspend or terminate the employment of, or
83	83	otherwise discriminate against, an employee who takes a planned
84	84	absence authorized by this chapter to participate in an activity of
85	85	the employee's child if the employee has fulfilled the requirements
86	86	of Section 86.003(d).
87	87	(b) An employee whose employment is suspended or terminated
88	88	in violation of this chapter is entitled to:
89	89	(1) reinstatement to the employee's former position or
90	90	a position that is comparable in terms of compensation, benefits,
91	91	and other conditions of employment;
92	92	(2) compensation for wages lost during the period of
93	93	suspension or termination;
94	94	(3) reinstatement of any fringe benefits and seniority
95	95	rights lost because of the suspension or termination; and
96	96	(4) if the employee brings an action to enforce this
97	97	subsection and is the prevailing party, payment by the employer of
98	98	court costs and reasonable attorney's fees.
99	99	(c) An employer may not decline to interview or hire an
100	100	applicant solely because the applicant is a parent, legal guardian,
101	101	custodial caregiver, managing conservator, possessory conservator,
102	102	or voluntary family provider of a child in prekindergarten through
103	103	grade 12.
104	104	Sec. 86.008. NOTICE TO EMPLOYEES. (a) Each employer shall
105	105	inform its employees of their rights under this chapter by posting a
106	106	conspicuous sign in a prominent location in the employer's
107	107	workplace.
108	108	(b) The Texas Workforce Commission by rule shall prescribe
109	109	the design and content of the sign required by this section.
110	110	SECTION 2. This Act applies only to a suspension,
111	111	termination, or other adverse employment action that is taken by an
112	112	employer against an employee because of an employee absence
113	113	authorized under Chapter 86, Labor Code, as added by this Act, that
114	114	occurs on or after the effective date of this Act. Action taken by
115	115	an employer against an employee for an employee absence occurring
116	116	before that date is governed by the law in effect on the date the
117	117	absence occurred, and the former law is continued in effect for that
118	118	purpose.
119	119	SECTION 3. This Act takes effect September 1, 2009.