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A BILL TO BE ENTITLED
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AN ACT
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relating to the right of an employee who is a parent of a child |
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enrolled in a special education program to time off from work to |
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meet with certain persons affecting the education of the child. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle D, Title 2, Labor Code, is amended by |
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adding Chapter 83 to read as follows: |
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CHAPTER 83. RIGHT OF EMPLOYEE WHO IS A PARENT OF A CHILD ENROLLED IN |
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SPECIAL EDUCATION TO MEET WITH CERTAIN PERSONS AFFECTING THE |
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EDUCATION OF THE CHILD |
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Sec. 83.001. DEFINITIONS. In this chapter: |
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(1) "Employee" means a person other than an |
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independent contractor who, for compensation, performs services |
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for an employer under a written or oral contract of hire, whether |
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express or implied. |
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(2) "Employee's child" means a child who is: |
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(A) enrolled in kindergarten through grade 12 in |
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a special education program; and |
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(B) in the custody of an employee. |
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(3) "Special education program" means a program |
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described by Subchapter A, Chapter 29, Education Code. |
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Sec. 83.002. RIGHT TO MEET WITH SCHOOL PERSONNEL. (a) An |
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employee who has been employed by the same employer for at least one |
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year is entitled to leave as provided by this section to meet, at |
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the request of the teacher, counselor, or principal, with: |
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(1) a teacher of the employee's child; |
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(2) the school counselor of the employee's child; or |
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(3) the principal of the school the employee's child is |
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attending. |
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(b) An employee is entitled under this section to up to 10 |
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hours of leave in each 12-month period. |
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(c) Before taking leave under this section, an employee must |
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provide the employer with written notice at least 48 hours before |
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the time the planned absence of the employee is to begin. |
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(d) The notice requirement under Subsection (c) does not |
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apply to an employee who requires an immediate unplanned leave in an |
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emergency situation involving the employee's child. |
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Sec. 83.003. UNPAID LEAVE; USE OF LEAVE TIME. (a) Except |
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as provided by Subsection (b), leave taken under this chapter must |
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be unpaid leave. |
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(b) An employee entitled to leave under this chapter who has |
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existing vacation leave time, personal leave time, compensatory |
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leave time, or other appropriate paid leave time must use that leave |
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time for a planned absence authorized by this chapter. |
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Sec. 83.004. NOTICE TO EMPLOYEES. (a) Each employer shall |
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inform its employees of their rights under this chapter by posting a |
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conspicuous sign in a prominent location in the employer's |
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workplace. |
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(b) The Texas Workforce Commission by rule shall prescribe |
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the design and content of the sign required by this section. |
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SECTION 2. This Act takes effect September 1, 2011. |