Texas 2017 - 85th Regular

Texas House Bill HB3041 Compare Versions

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

Old	New	Differences
1	1	85R9039 SMT-D
2	2	By: Blanco H.B. No. 3041
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, extracurricular, and developmental activities of
9	9	the employee's child.
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 PARTICIPATION
14	14	IN CERTAIN ACTIVITIES OF EMPLOYEE'S CHILD
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 under a written or oral contract of hire, whether
19	19	express or implied. The term includes an employee engaged to work
20	20	flexible hours established periodically by the employer.
21	21	(2) "Employer" means a person who employs more than 25
22	22	employees in this state, regardless of whether those employees are
23	23	exempt from the overtime provisions of the federal Fair Labor
24	24	Standards Act of 1938 (29 U.S.C. Section 201 et seq.). The term
25	25	includes a public employer.
26	26	(3) "Reasonable advance written notice" means the
27	27	period, determined by the employer, for an employee to provide
28	28	written notice of the employee's planned absence under this
29	29	chapter.
30	30	Sec. 83.002. APPLICABILITY. This chapter applies to an
31	31	employee who:
32	32	(1) is a parent as defined by Section 101.024, Family
33	33	Code, legal guardian, custodial caregiver, managing conservator,
34	34	or possessory conservator of a child who is in a licensed or
35	35	certified child-care facility or prekindergarten through grade 12;
36	36	(2) has been employed for not less than 90 days by the
37	37	employer granting the unpaid time off; and
38	38	(3) is not exempt from the overtime provisions of the
39	39	federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et
40	40	seq.).
41	41	Sec. 83.003. EMPLOYEE RIGHT TO PARTICIPATE IN CERTAIN
42	42	ACTIVITIES OF EMPLOYEE'S CHILD. (a) An employee who is subject to
43	43	this chapter is entitled to unpaid time off as provided by this
44	44	section to:
45	45	(1) meet with a teacher, counselor, or school
46	46	administrator of the employee's child or with a caregiver of the
47	47	child in a child-care facility; or
48	48	(2) participate in a facility or school activity of
49	49	the employee's child, including award ceremonies, school
50	50	productions or events in which the child is participating, or
51	51	hearings regarding admission, review, or dismissal.
52	52	(b) Except as limited by Subsection (c):
53	53	(1) an employee who works at least 30 hours a week is
54	54	entitled under this section to up to eight hours of time off at one
55	55	time but not more than 20 total hours in any one-year period; and
56	56	(2) an employee who works less than 30 hours a week is
57	57	entitled under this section to up to eight hours of time off at one
58	58	time but not more than 15 total hours in any one-year period.
59	59	(c) An employee is not entitled to take time off under this
60	60	section more than two times in a one-month period.
61	61	(d) Before taking time off under this section, an employee
62	62	must provide the employer with reasonable advance written notice of
63	63	the planned absence of the employee, unless the need for the absence
64	64	was not reasonably foreseeable. The notice must include the date
65	65	and time of the planned absence and a brief description of the
66	66	meeting or activity in which the employee will be participating. An
67	67	employer may not require notice under this subsection of more than
68	68	seven calendar days.
69	69	Sec. 83.004. USE OF LEAVE TIME. (a) An employee may, but is
70	70	not required to, use existing vacation leave time, personal leave
71	71	time, or compensatory leave time for the purpose of a planned
72	72	absence authorized by this chapter except as otherwise provided by
73	73	a collective bargaining agreement entered into before September 1,
74	74	2017.
75	75	(b) The use of leave time under this section may not be
76	76	restricted by a term or condition adopted under a collective
77	77	bargaining agreement entered into on or after September 1, 2017.
78	78	Sec. 83.005. DOCUMENTATION. (a) An employee shall provide
79	79	documentation to the employer of the employee's attendance at a
80	80	meeting or participation in a particular activity on the employer's
81	81	request. An employer may waive the documentation requirement.
82	82	(b) For purposes of this section, "documentation" means any
83	83	verification of parental attendance at a meeting or participation
84	84	in a facility or school activity that the child's facility or school
85	85	considers reasonable and appropriate.
86	86	Sec. 83.006. SAME EMPLOYER. If both parents of a child are
87	87	employed by the same employer at the same workplace, the
88	88	entitlement granted under Section 83.003 may be exercised as
89	89	regards a specific meeting or activity of that child only by the
90	90	employee who first gives notice to the employer as required under
91	91	Section 83.003(d). The other parent is entitled to time off to
92	92	attend the meeting or activity only as approved by the employer.
93	93	Sec. 83.007. EMPLOYER RETALIATION PROHIBITED. (a) An
94	94	employer may not suspend or terminate the employment of, or
95	95	otherwise discriminate against, an employee who takes a planned
96	96	absence authorized by this chapter to attend a meeting or
97	97	participate in an activity of the employee's child if the employee
98	98	has fulfilled the requirements of Section 83.003(d).
99	99	(b) An employee whose employment is suspended or terminated
100	100	in violation of this chapter is entitled to:
101	101	(1) reinstatement to the employee's former position or
102	102	a position that is comparable in terms of compensation, benefits,
103	103	and other conditions of employment;
104	104	(2) compensation for wages lost during the period of
105	105	suspension or termination;
106	106	(3) reinstatement of any fringe benefits and seniority
107	107	rights lost because of the suspension or termination; and
108	108	(4) if the employee brings an action to enforce this
109	109	subsection and is the prevailing party, payment by the employer of
110	110	court costs and reasonable attorney's fees.
111	111	(c) An employer may not decline to interview or hire an
112	112	applicant solely because the applicant is a parent, legal guardian,
113	113	custodial caregiver, managing conservator, or possessory
114	114	conservator of a child in a licensed or certified child-care
115	115	facility or prekindergarten through grade 12.
116	116	Sec. 83.008. NOTICE TO EMPLOYEES. (a) Each employer shall
117	117	inform its employees of their rights under this chapter by posting a
118	118	conspicuous sign in a prominent location in the employer's
119	119	workplace.
120	120	(b) The Texas Workforce Commission by rule shall prescribe
121	121	the design and content of the sign required by this section.
122	122	SECTION 2. This Act applies only to a suspension,
123	123	termination, or other adverse employment action that is taken by an
124	124	employer against an employee because of an employee absence
125	125	authorized under Chapter 83, Labor Code, as added by this Act, that
126	126	occurs on or after the effective date of this Act. Action taken by
127	127	an employer against an employee for an employee absence occurring
128	128	before that date is governed by the law in effect on the date the
129	129	absence occurred, and the former law is continued in effect for that
130	130	purpose.
131	131	SECTION 3. This Act takes effect September 1, 2017.