84R9724 KSD-D
By: Garcia S.B. No. 1085
A BILL TO BE ENTITLED
AN ACT
relating to the ability of a nonexempt employee to participate in
certain academic, disciplinary, college and career readiness, and
developmental activities of the employee's child or grandchild.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle D, Title 2, Labor Code, is amended by
adding Chapter 83 to read as follows:
CHAPTER 83. EMPLOYEE RIGHT TO PARTICIPATE IN CERTAIN ACTIVITIES OF
EMPLOYEE'S CHILD OR GRANDCHILD
Sec. 83.001. DEFINITIONS. In this chapter:
(1) "Employee" means a person, other than an
independent contractor, who, for compensation, performs services
for an employer. The term includes an employee engaged to work
flexible hours established periodically by the employer.
(2) "Employer" means a person who employs more than 25
employees at any single place of business in this state. The term
includes a public employer.
Sec. 83.002. APPLICABILITY. This chapter applies to an
employee who:
(1) is a parent as defined by Section 101.024, Family
Code, grandparent, 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. 83.003. EMPLOYEE RIGHT TO PARTICIPATE IN CERTAIN
ACTIVITIES OF EMPLOYEE'S CHILD OR GRANDCHILD. (a) Unless Section
83.004 applies, an employee who is subject to this chapter is
entitled to unpaid time off as provided by this section to attend
meetings that a parent, grandparent, guardian, conservator, or
other caregiver of a child is generally required to attend,
including:
(1) parent-teacher conferences;
(2) meetings with teachers, school administrators, or
school counselors regarding:
(A) high school endorsements or college and
career readiness; or
(B) progress on standardized tests required by
this state;
(3) disciplinary meetings or hearings regarding the
child; and
(4) other meetings regarding the child's development
and educational needs.
(b) An employee who works at least 30 hours a week is
entitled under this section to up to two hours of time off in a day
but not more than:
(1) four hours of time off in a calendar month; or
(2) 20 hours of time off in one calendar year.
(c) An employee who works less than 30 hours a week is
entitled under this section to up to two hours of time off in a
calendar month but not more than 10 hours of time off 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 shall establish the
time period constituting reasonable advanced written notice under
this subsection. The time period may not exceed seven calendar
days.
Sec. 83.004. EXCEPTION FOR UNDUE HARDSHIP. An employer is
not required to provide time off to an employee under Section 83.003
if the employee's absence would result in a reduction of the
employer's workforce by five percent or more.
Sec. 83.005. USE OF LEAVE TIME. (a) An employer may
require an employee to use existing vacation leave time, personal
leave time, sick leave time, compensatory leave time, or any other
appropriate accrued leave time for the purpose of a planned absence
authorized by this chapter. If an employee's employer does not
require the employee to use existing accrued leave time for that
purpose, the employee may use any type of that leave time for that
purpose, except as otherwise provided by a collective bargaining
agreement entered into before September 1, 2015.
(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, 2015.
Sec. 83.006. 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 or grandparental participation in a
facility or school activity that the child's facility or school
considers reasonable and appropriate.
Sec. 83.007. SAME EMPLOYER. If both parents of a child are
employed by the same employer at the same workplace, the
entitlement granted under Section 83.003 may be exercised with
respect to a specific activity of that child only by the employee
who first gives notice to the employer as required under Section
83.003(d). The other parent is entitled to time off to attend the
activity only as approved by the employer.
Sec. 83.008. 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 or grandchild if the employee has fulfilled
the requirements of Section 83.003(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, grandparent,
legal guardian, custodial caregiver, managing conservator, or
possessory conservator of a child in a licensed or certified
child-care facility or prekindergarten through grade 12.
Sec. 83.009. 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 83, Labor Code, as added by this Act, that
occurs on or after the effective date of this Act. An 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, 2015.