82R8745 KSD-D
By: McClendon H.B. No. 1827
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 86 to read as follows:
CHAPTER 86. EMPLOYEE RIGHT TO PARTICIPATION
IN CERTAIN ACTIVITIES OF THE EMPLOYEE'S CHILD
Sec. 86.001. 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.
(2) "Employer" means a person who employs at least one
employee in this state. 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. 86.002. 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. 86.003. 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) An employee who works at least 30 hours a week is
entitled under this section to up to eight hours in a calendar month
but not more than 40 hours in one calendar year.
(c) An employee who works less than 30 hours a week is
entitled under this section to up to four hours in a calendar month
but not more than 20 hours in one calendar year.
(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. An employer may not require notice
under this subsection of more than seven calendar days.
Sec. 86.004. 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,
2011.
(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, 2011.
Sec. 86.005. DOCUMENTATION. (a) An employee shall provide
documentation to the employer of the employee's 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 participation in a facility or school
activity that the child's facility or school considers reasonable
and appropriate.
Sec. 86.006. SAME EMPLOYER. If both parents of a child are
employed by the same employer at the same workplace, the
entitlement granted under Section 86.003 may be exercised as
regards a specific activity of that child only by the employee who
first gives notice to the employer as required under Section
86.003(d). The other parent is entitled to time off to attend the
activity only as approved by the employer.
Sec. 86.007. 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 participate in an activity of
the employee's child if the employee has fulfilled the requirements
of Section 86.003(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 prekindergarten through grade 12.
Sec. 86.008. 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 86, 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, 2011.