85R9039 SMT-D     By: Blanco H.B. No. 3041       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 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.  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 in this state, regardless of whether those employees are   exempt from the overtime provisions of the federal Fair Labor   Standards Act of 1938 (29 U.S.C. Section 201 et seq.).  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)  Except as limited by Subsection (c):                (1)  an employee who works at least 30 hours a week is   entitled under this section to up to eight hours of time off at one   time but not more than 20 total hours in any one-year period; and                (2)  an employee who works less than 30 hours a week is   entitled under this section to up to eight hours of time off at one   time but not more than 15 total hours in any one-year period.          (c)  An employee is not entitled to take time off under this   section more than two times in a one-month period.          (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.  The notice must include the date   and time of the planned absence and a brief description of the   meeting or activity in which the employee will be participating.  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,   2017.          (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, 2017.          Sec. 83.005.  DOCUMENTATION.  (a) An employee shall provide   documentation to the employer of the employee's attendance at a   meeting or 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 attendance at a meeting or 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 meeting or 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 meeting or 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 attend a meeting or   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 a licensed or certified child-care   facility or 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, 2017.