HB0363Failed

Amends TCA Title 50, Chapter 1.

This bill requires an employer to grant four hours leave per year to any employee who is a parent, guardian, or person standing in loco parentis of a school-aged child so that the employee may attend or otherwise be involved at the child's school. However, any leave under this bill is subject to the following conditions:<br /> <br /> (1) To be eligible for leave under this bill, the employee must:<br /> (A) Have been employed by the employer for a period of 12 consecutive months; and<br /> (B) Be a full-time employee of that employer;<br /> (2) The leave must be at a mutually agreed upon time between the employer and the employee;<br /> (3) The employer may require the employee:<br /> (A) To provide the employer with a written request for leave at least 48 hours before the requested leave begins; and<br /> (B) To furnish written verification from the child's school that the employee attended or was otherwise involved at that school during the time of the leave;<br /> (4) Parents, guardians, or persons standing in loco parentis of a school-aged child who work for the same employer are prohibited from taking concurrent leave unless by mutual agreement with the employer;<br /> (5) The employee must make reasonable efforts to schedule leave so as to not unduly disrupt the operations of the employer; and<br /> (6) The employer may refuse to grant such leave if the involvement in the child's school could reasonably be scheduled during nonwork hours.<br /> <br /> This bill prohibits an employer from discharging, demoting, or otherwise taking an adverse employment action against an employee who requests or takes leave under this bill. This bill does not require an employer to pay an employee for leave taken under this bill.<br /> <br /> An employee who is demoted or discharged or who has had an adverse employment action taken against the employee in violation of this bill may bring a civil action within one year from the date of the alleged violation against the employer who allegedly violates this bill and recover or obtain either of the following:<br /> <br /> (1) Any wages or benefits lost as a result of the violation; or<br /> (2) An order of reinstatement without loss of position, seniority, wages, or benefits.<br /> <br /> The burden of proof will be upon the employee.<br /> <br /> This bill will take effect January 1, 2020, and will apply to any violations committed on or after that date.<br /> <br />

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Overview

This bill requires an employer to grant four hours leave per year to any employee who is a parent, guardian, or person standing in loco parentis of a school-aged child so that the employee may attend or otherwise be involved at the child's school. However, any leave under this bill is subject to the following conditions:<br /> <br /> (1) To be eligible for leave under this bill, the employee must:<br /> (A) Have been employed by the employer for a period of 12 consecutive months; and<br /> (B) Be a full-time employee of that employer;<br /> (2) The leave must be at a mutually agreed upon time between the employer and the employee;<br /> (3) The employer may require the employee:<br /> (A) To provide the employer with a written request for leave at least 48 hours before the requested leave begins; and<br /> (B) To furnish written verification from the child's school that the employee attended or was otherwise involved at that school during the time of the leave;<br /> (4) Parents, guardians, or persons standing in loco parentis of a school-aged child who work for the same employer are prohibited from taking concurrent leave unless by mutual agreement with the employer;<br /> (5) The employee must make reasonable efforts to schedule leave so as to not unduly disrupt the operations of the employer; and<br /> (6) The employer may refuse to grant such leave if the involvement in the child's school could reasonably be scheduled during nonwork hours.<br /> <br /> This bill prohibits an employer from discharging, demoting, or otherwise taking an adverse employment action against an employee who requests or takes leave under this bill. This bill does not require an employer to pay an employee for leave taken under this bill.<br /> <br /> An employee who is demoted or discharged or who has had an adverse employment action taken against the employee in violation of this bill may bring a civil action within one year from the date of the alleged violation against the employer who allegedly violates this bill and recover or obtain either of the following:<br /> <br /> (1) Any wages or benefits lost as a result of the violation; or<br /> (2) An order of reinstatement without loss of position, seniority, wages, or benefits.<br /> <br /> The burden of proof will be upon the employee.<br /> <br /> This bill will take effect January 1, 2020, and will apply to any violations committed on or after that date.<br /> <br />

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Sponsor

Johnson, Gloria

Details
Session

111th General Assembly

Introduced

January 30, 2019

Last Action

March 19, 2019

Failed in s/c Employee Affairs Subcommittee of Consumer and Human Resources Committee

Subjects
Employees, Employers

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HB0363: Amends TCA Title 50, Chapter 1. | LegisGo