HBA-CBW, SEP H.B. 856 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 856 By: Dutton Economic Development 3/13/2001 Introduced BACKGROUND AND PURPOSE Recent studies have indicated that students whose parents are involved in their school activities tend to do better in their schoolwork. The studies also show that these students also tend to pose less of a discipline problem in school than those students whose parents are not involved in their school activities. Current law requires that parents attend disciplinary hearings held for their children. The law does not, however, address factors that may inhibit parental involvement in school activities. One of the major factors parents face is the economic hardship they may endure if their pay is docked because they take time off from work to attend school activities. House Bill 856 entitles parents to up to two hours a semester of time off from work to participate in activities involving their child's education. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Workforce Commission in SECTION 1 (Section 83.010, Labor Code) of this bill. ANALYSIS House Bill 856 amends the Labor Code to entitle an employee to time off of up to two hours in each semester to meet with the teacher of an employee's child or to participate in an activity at the child's school. Prior to taking time off, an employee must provide an employer with reasonable advance written notice. An employee is not required to use existing vacation leave time, personal leave time, or compensatory leave time for this purpose, except as otherwise provided by a collective bargaining agreement entered into before September 1, 2001. Use of this leave time may not be restricted by a term or condition adopted under such an agreement entered into on or after September 1, 2001. The bill prohibits an employer from reducing the pay otherwise owed to the employee for any pay period because of time taken off during the period for this purpose. The bill requires an employee to provide specified documentation to an employer of participation in a particular activity on request. In the event that both parents work for the same employer, the entitlement for leave may be exercised only by the first employee to request it. The other parent is entitled to time off to attend the activity only as approved by the employer. The bill prohibits an employer from suspending or terminating the employment of or discriminating against an employee who takes a planned absence authorized by this bill if the employee has given appropriate written notice. The bill provides that an employer who wrongfully suspends or terminates an employee's employment is liable for a civil penalty not to exceed $1,000, and sets forth provisions for collection of the penalty. An employee whose employment is wrongfully suspended or terminated is entitled to: _ reinstatement to the employee's former position or a comparable position in terms of compensation, benefits, and other conditions of employment; _compensation for wages lost during the period of suspension or termination; and _reinstatement of fringe benefits and seniority rights lost because of the suspension or termination. The bill requires each employer to inform employees of their rights as set forth in this bill by posting a conspicuous sign in a prominent location in the workplace. The Texas Workforce Commission is required by rule to prescribe the design and content of the sign. EFFECTIVE DATE September 1, 2001.