By: Van de Putte	S.B. No. 1861

	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 86 to read as follows:
	CHAPTER 86.  EMPLOYEE RIGHT TO PARTICIPATION
	IN CERTAIN ACTIVITIES OF THE EMPLOYEE'S CHILD
	Sec. 86.001.  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. 86.002.  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. 86.003.  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. 86.004.  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,
	2011.
	(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, 2011.
	Sec. 86.005.  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. 86.006.  SAME EMPLOYER.  If both parents of a child are
	employed by the same employer at the same workplace, the
	entitlement granted under Section 86.003 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
	86.003(d).  The other parent is entitled to time off to attend the
	activity only as approved by the employer.
	Sec. 86.007.  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 86.003(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. 86.008.  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 86, 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, 2011.