Texas 2015 - 84th Regular

Texas Senate Bill SB1085 Compare Versions

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

Old	New	Differences
1	1	84R9724 KSD-D
2	2	By: Garcia S.B. No. 1085
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the ability of a nonexempt employee to participate in
8	8	certain academic, disciplinary, college and career readiness, and
9	9	developmental activities of the employee's child or grandchild.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
12	12	adding Chapter 83 to read as follows:
13	13	CHAPTER 83. EMPLOYEE RIGHT TO PARTICIPATE IN CERTAIN ACTIVITIES OF
14	14	EMPLOYEE'S CHILD OR GRANDCHILD
15	15	Sec. 83.001. DEFINITIONS. In this chapter:
16	16	(1) "Employee" means a person, other than an
17	17	independent contractor, who, for compensation, performs services
18	18	for an employer. The term includes an employee engaged to work
19	19	flexible hours established periodically by the employer.
20	20	(2) "Employer" means a person who employs more than 25
21	21	employees at any single place of business in this state. The term
22	22	includes a public employer.
23	23	Sec. 83.002. APPLICABILITY. This chapter applies to an
24	24	employee who:
25	25	(1) is a parent as defined by Section 101.024, Family
26	26	Code, grandparent, legal guardian, custodial caregiver, managing
27	27	conservator, or possessory conservator of a child who is in a
28	28	licensed or certified child-care facility or prekindergarten
29	29	through grade 12;
30	30	(2) has been employed for not less than 90 days by the
31	31	employer granting the unpaid time off; and
32	32	(3) is not exempt from the overtime provisions of the
33	33	federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et
34	34	seq.).
35	35	Sec. 83.003. EMPLOYEE RIGHT TO PARTICIPATE IN CERTAIN
36	36	ACTIVITIES OF EMPLOYEE'S CHILD OR GRANDCHILD. (a) Unless Section
37	37	83.004 applies, an employee who is subject to this chapter is
38	38	entitled to unpaid time off as provided by this section to attend
39	39	meetings that a parent, grandparent, guardian, conservator, or
40	40	other caregiver of a child is generally required to attend,
41	41	including:
42	42	(1) parent-teacher conferences;
43	43	(2) meetings with teachers, school administrators, or
44	44	school counselors regarding:
45	45	(A) high school endorsements or college and
46	46	career readiness; or
47	47	(B) progress on standardized tests required by
48	48	this state;
49	49	(3) disciplinary meetings or hearings regarding the
50	50	child; and
51	51	(4) other meetings regarding the child's development
52	52	and educational needs.
53	53	(b) An employee who works at least 30 hours a week is
54	54	entitled under this section to up to two hours of time off in a day
55	55	but not more than:
56	56	(1) four hours of time off in a calendar month; or
57	57	(2) 20 hours of time off in one calendar year.
58	58	(c) An employee who works less than 30 hours a week is
59	59	entitled under this section to up to two hours of time off in a
60	60	calendar month but not more than 10 hours of time off in one
61	61	calendar year.
62	62	(d) Before taking time off under this section, an employee
63	63	must provide the employer with reasonable advance written notice of
64	64	the planned absence of the employee, unless the need for the absence
65	65	was not reasonably foreseeable. An employer shall establish the
66	66	time period constituting reasonable advanced written notice under
67	67	this subsection. The time period may not exceed seven calendar
68	68	days.
69	69	Sec. 83.004. EXCEPTION FOR UNDUE HARDSHIP. An employer is
70	70	not required to provide time off to an employee under Section 83.003
71	71	if the employee's absence would result in a reduction of the
72	72	employer's workforce by five percent or more.
73	73	Sec. 83.005. USE OF LEAVE TIME. (a) An employer may
74	74	require an employee to use existing vacation leave time, personal
75	75	leave time, sick leave time, compensatory leave time, or any other
76	76	appropriate accrued leave time for the purpose of a planned absence
77	77	authorized by this chapter. If an employee's employer does not
78	78	require the employee to use existing accrued leave time for that
79	79	purpose, the employee may use any type of that leave time for that
80	80	purpose, except as otherwise provided by a collective bargaining
81	81	agreement entered into before September 1, 2015.
82	82	(b) The use of leave time under this section may not be
83	83	restricted by a term or condition adopted under a collective
84	84	bargaining agreement entered into on or after September 1, 2015.
85	85	Sec. 83.006. DOCUMENTATION. (a) An employee shall provide
86	86	documentation to the employer of the employee's participation in a
87	87	particular activity on the employer's request. An employer may
88	88	waive the documentation requirement.
89	89	(b) For purposes of this section, "documentation" means any
90	90	verification of parental or grandparental participation in a
91	91	facility or school activity that the child's facility or school
92	92	considers reasonable and appropriate.
93	93	Sec. 83.007. SAME EMPLOYER. If both parents of a child are
94	94	employed by the same employer at the same workplace, the
95	95	entitlement granted under Section 83.003 may be exercised with
96	96	respect to a specific activity of that child only by the employee
97	97	who first gives notice to the employer as required under Section
98	98	83.003(d). The other parent is entitled to time off to attend the
99	99	activity only as approved by the employer.
100	100	Sec. 83.008. EMPLOYER RETALIATION PROHIBITED. (a) An
101	101	employer may not suspend or terminate the employment of, or
102	102	otherwise discriminate against, an employee who takes a planned
103	103	absence authorized by this chapter to participate in an activity of
104	104	the employee's child or grandchild if the employee has fulfilled
105	105	the requirements of Section 83.003(d).
106	106	(b) An employee whose employment is suspended or terminated
107	107	in violation of this chapter is entitled to:
108	108	(1) reinstatement to the employee's former position or
109	109	a position that is comparable in terms of compensation, benefits,
110	110	and other conditions of employment;
111	111	(2) compensation for wages lost during the period of
112	112	suspension or termination;
113	113	(3) reinstatement of any fringe benefits and seniority
114	114	rights lost because of the suspension or termination; and
115	115	(4) if the employee brings an action to enforce this
116	116	subsection and is the prevailing party, payment by the employer of
117	117	court costs and reasonable attorney's fees.
118	118	(c) An employer may not decline to interview or hire an
119	119	applicant solely because the applicant is a parent, grandparent,
120	120	legal guardian, custodial caregiver, managing conservator, or
121	121	possessory conservator of a child in a licensed or certified
122	122	child-care facility or prekindergarten through grade 12.
123	123	Sec. 83.009. NOTICE TO EMPLOYEES. (a) Each employer shall
124	124	inform its employees of their rights under this chapter by posting a
125	125	conspicuous sign in a prominent location in the employer's
126	126	workplace.
127	127	(b) The Texas Workforce Commission by rule shall prescribe
128	128	the design and content of the sign required by this section.
129	129	SECTION 2. This Act applies only to a suspension,
130	130	termination, or other adverse employment action that is taken by an
131	131	employer against an employee because of an employee absence
132	132	authorized under Chapter 83, Labor Code, as added by this Act, that
133	133	occurs on or after the effective date of this Act. An action taken
134	134	by an employer against an employee for an employee absence
135	135	occurring before that date is governed by the law in effect on the
136	136	date the absence occurred, and the former law is continued in effect
137	137	for that purpose.
138	138	SECTION 3. This Act takes effect September 1, 2015.