Bill Text: TX SB1895 | 2013-2014 | 83rd Legislature | Introduced


Bill Title: Relating to the ability of a nonexempt employee to participate in certain academic, extracurricular, and developmental activities of the employee's child.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (N/A - Dead) 2013-04-30 - Left pending in committee [SB1895 Detail]

Download: Texas-2013-SB1895-Introduced.html
  83R6583 MMC-D
 
  By: Garcia S.B. No. 1895
 
 
 
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 83 to read as follows:
  CHAPTER 83. EMPLOYEE RIGHT TO PARTICIPATION
  IN CERTAIN ACTIVITIES OF THE EMPLOYEE'S CHILD
         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 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. 83.002.  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. 83.003.  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. 83.004.  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,
  2013.
         (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, 2013.
         Sec. 83.005.  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. 83.006.  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 as
  regards 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. 83.007.  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 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, legal guardian,
  custodial caregiver, managing conservator, or possessory
  conservator of a child in prekindergarten through grade 12.
         Sec. 83.008.  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 83, 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, 2013.
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