June 14, 2013. A payment required by this subchapter shall be computed as if the member had taken vacation time, using the member's rate of compensation as of the date of retirement. 618 (S.B. Sec. Payment With Funds Appropriated for Salaries, Agreement for State Employee to Remain on Agency Payroll, Faculty at Institutions of Higher Education, Restoration of Sick Leave on Reemployment in Certain Circumstances, Educational Activities: Use of Sick Leave, Volunteer Firefighters, Emergency Medical Services Volunteers, and Search and Rescue Volunteers, Assistance Dog Training for Employees With a Disability, Court Appointed Special Advocates Volunteer, Medical and Mental Health Care Leave for Certain Veterans, Volunteers of Texas Voluntary Organizations Active in Disaster, http://www.statutes.legis.state.tx.us/Docs/GV/htm/GV.661.htm#661.152, Lawyer Referral & Information Service (LRIS), Here is the original source for section 661.152, 661.152. (3/16/2020) Employees who have accrued compensatory leave must give their employers reasonable notice of their intention to use the leave. (a) The governing body of a state agency shall, through the establishment of a program, allow an agency employee to voluntarily transfer sick or vacation leave earned by the employee to a family leave pool. A person is entitled to workers' compensation indemnity benefits which accrue pursuant to Title 5, Labor Code, after the discontinuation or exhaustion of injury leave under this section. A state agency shall allow each agency employee sufficient time off, without a deduction in salary or accrued leave, to vote in each national, state, or local election. 1, eff. (b) The leave of absence provided by this section may not exceed 10 working days in a fiscal year. The provisions of this chapter do not apply to a public junior college as defined by Section 61.003, Education Code. (a) In addition to employee leave authorized elsewhere in this chapter, the administrative head of an agency may grant administrative leave without a deduction in salary to an employee as a reward for outstanding performance as documented by employee performance appraisals. 661.202. (c) The pool administrator shall determine the amount of time that an employee may withdraw from the pool. 661.022. (b) A state employee who is a reserve law enforcement officer is entitled to a leave of absence without a deduction in salary to attend training required under Section 1701.351, Occupations Code. (b) An employee may not receive time off under this section unless the employee obtains approval from the employee's supervisor before taking time off. Sec. 250 (H.B. 269, Sec. Learn About Employment Discrimination Complaints 109, eff. Sec. 20, 2023). 1, eff. 268, Sec. Acts 2009, 81st Leg., R.S., Ch. 764 (S.B. (c) Sick leave entitlement for a full-time employee accrues at the rate of eight hours for each month of state employment. 5, eff. June 17, 2005. Acts 2013, 83rd Leg., R.S., Ch. GSA has adjusted all POV mileage reimbursement rates effective January 1, 2023. Added by Acts 1999, 76th Leg., ch. (b) If the state employee is seeking permission to withdraw time because of a serious illness, including a pandemic-related illness, of an immediate family member or the employee and does not qualify for or has exhausted time available in the sick leave pool, the employee must provide the pool administrator with a written statement from the licensed practitioner who is treating the employee or the employee's immediate family member. Supervisors should advise employees of the following conditions: 1. 118, Sec. The administrative head of an agency may require a doctor's certificate or other written statement of the facts for sick leave without a deduction in salary taken during a continuous period of three or fewer working days. 165, Sec. 1035, Sec. (a) A state employee is entitled to sick leave without a deduction in salary in accordance with this subchapter. September 1, 2009. In this subchapter: (1) "National holiday" includes only those days listed under Section 662.003(a). (h) A full or partial calendar month during which an employee is on leave without pay does not constitute a break in continuity of employment. Sept. 1, 1999. (2) notwithstanding any other law, receive service credit in the Employees Retirement System of Texas for any sick leave donated to the employee under this section that is unused on the last day of that employee's employment. (b) The pool administrator shall credit the family leave pool with the amount of time contributed by a state employee and deduct a corresponding amount of time from the employee's earned sick or vacation leave as if the employee had used the time for personal purposes. RULES. Federal overtime laws apply. 661.006. 1863), Sec. The comptroller may establish procedures and adopt rules to administer this subchapter. The state agency shall provide a copy of the statement to the state auditor on request. If use of privately owned automobile is authorized or if no Government-furnished automobile is available. 59), Sec. (last updated Jun. Amended by Acts 1997, 75th Leg., ch. (a) A state employee who, at any time during the employee's lifetime, has accrued six months of continuous state employment and who resigns, is dismissed, or otherwise separates from state employment by a state agency other than an institution of higher education is entitled to be paid for the accrued balance of the employee's vacation time as of the date of separation, if the individual is not reemployed by the state in a position under which the employee accrues vacation leave during the 30-day period immediately following the date of separation from state employment. (3) "State holiday" includes only those days listed under Section 662.003(b). Acts 2017, 85th Leg., R.S., Ch. (3) a minor child of the employee, regardless of whether the child lives in the same household. Employees accrue annual leave based on their length of state service. Sec. 661.203. 4504 and S.B. (c) A retiring state employee may designate the number of the retiring employee's accrued sick or vacation leave hours to be used for retirement credit and the number of the retiring employee's accrued sick or vacation leave hours to be donated on retirement to the sick or family leave pool. 2, eff. Sept. 1, 1995. Sick leave accumulates with the unused amount of sick leave carried forward each month. June 19, 1997. 6.20, eff. Effective/Applicability Date. PARENTAL LEAVE FOR CERTAIN EMPLOYEES. (c) A part-time employee accrues vacation leave on a proportionate basis. LEAVE DURING AGENCY INVESTIGATION. Sec. 4, eff. Sec. RULES. (c) An employee who receives donated sick leave under this section may not: (1) use sick leave donated to the employee under this section except as provided by Sections 661.202(d) and (e); or. Through aggressive, knowledgeable representation, he has helped clients all over the state reach significant verdicts and settlements. 661.003. 1, eff. 1334, Sec. 268, Sec. 661.035. 1, eff. Amended by Acts 1997, 75th Leg., ch. 3, eff. USE OF TIME IN POOL. Sec. Acts 2015, 84th Leg., R.S., Ch. CONFLICT WITH OTHER SUBCHAPTER. 175, Sec. TRANSFER OF VACATION LEAVE BALANCE. SUBCHAPTER A. 1276, Sec. June 20, 2003. Sept. 1, 1997; Acts 1999, 76th Leg., ch. (b) For a state employee who at the time of death is normally scheduled to work fewer than 40 hours a week, the number of hours that is to be added to the employee's accumulated sick and vacation leave for each state or national holiday is computed as provided by Subsection (a), but is to be proportionally reduced according to the lesser number of the employee's normally scheduled weekly work hours. For example: In this example, (3), (4), USE OF TIME IN POOL. An employee absent on time withdrawn from the sick leave pool may use the time as sick leave earned by the employee, and the employee is treated for all purposes as if the employee were absent on earned sick leave. September 1, 2013. 661.252. (k) An employee who is on leave on the first day of a month may not use the sick leave that the employee accrues for that month until after the employee returns to duty. 1, eff. Payouts of accrued leave are mandatory in Texas only if such payment was promised to the employee by the employer under a written policy or agreement. As with sick leave, explain how your company defines "full-time" and "part-time". (a) A state employee may not withdraw time from the family leave pool in an amount that exceeds the lesser of: (b) Subject to Subsection (a), the pool administrator shall determine the amount of time that an employee may withdraw from the pool. (b) The pool administrator shall credit the sick leave pool with the amount of time contributed by an employee and deduct a corresponding amount of time from the employee's earned sick leave as if the employee had used the time for personal purposes. A "use-it-or-lose-it" type vacation leave policy requires an employee to lose any unused vacation time after a set date, usually the end of the year. Sec. The following section was amended by the 88th Legislature. Vacation (Annual) Leave New employees are eligible to take annual leave after they have been employed by the state for six continuous months. (2) allow employees to apply for leave time under the family leave pool. 661.901. (b) An employee may not provide or receive remuneration or a gift in exchange for a sick leave donation under this section. Added by Acts 1997, 75th Leg., ch. (last accessed Jun. (b) The executive head of the state agency or another individual appointed by the governing body shall administer the family leave pool. (5) "State officer" means an elected or appointed officer of a state agency or an executive director. ), as amended, in whole or in part, to maintain benefits for the employee or the employee's dependents while the employee is on military duty described by Subsection (a). Employers may not refuse to give employees time off to cast their ballots. Under the Fair Labor Standards Act, federal overtime laws state that employees must receive overtime pay if they work more than 40 hours in one workweek. Sec. Sec. 661.924. Modes of Transportation. (b) A state employee who applies to use time under Subsection (a) to care for another person must submit and be listed on the other person's birth certificate, birth facts, or adoption or foster paperwork for a child under 18 years of age, including being listed as the mother, father, adoptive parent, foster parent, or partner of the child's mother, adoptive parent, or foster parent, or provide documentation that the employee is the guardian of a person who is 18 years of age or older and requiring guardianship. September 1, 2021. An employee who begins working on the first workday of a month in a position that accrues vacation leave is considered to have begun working on the first calendar day of the month for purposes of this subsection. GUIDELINES. 661.068. 661.207. (D) the supreme court, the court of criminal appeals, a court of appeals, or a state judicial agency. Amended by Acts 1999, 76th Leg., ch. A state agency shall make a payment required by this subchapter in a lump sum, except as provided by Section 661.067. Question: An employee resigned but remains on the payroll while exhausting his or her vacation leave. Sept. 1, 1999. Back to Top. 1, eff. Added by Acts 2003, 78th Leg., ch. Sept. 1, 1999. Sept. 1, 1993. (e) A person may simultaneously be on injury leave under this section and receive workers' compensation medical benefits under Title 5, Labor Code, but is not eligible for disability retirement benefits under Chapter 814 during the leave period. (i) In computing the amount of vacation leave taken, time during which an employee is excused from work because of a holiday is not charged against the employee's vacation leave. 661.001. 661.151 and amended by Acts 1999, 76th Leg., ch. Added by Acts 1993, 73rd Leg., ch. 1035, Sec. 661.911. (C) the Teacher Retirement System of Texas, other than an individual described by Section 661.031(2)(C) or (D). Acts 2005, 79th Leg., Ch. State employment is continuous while the employee is entitled to be paid a regular salary, except that the continuity of state employment is not interrupted while the employee is on a leave of absence without pay for less than one calendar month. 76, Sec. September 1, 2009. 661.154. Added by Acts 2017, 85th Leg., R.S., Ch. Sec. Sec. Sec. Vacation leave Maternity/Paternity Leave Jury Duty Sick Leave Holiday Pay Disability Leave Are employers required to pay out employees for paid time off? Sept. 1, 1997. Job Seekers & Employees Employee Rights & Laws Find information about employment discrimination and complaints that TWC handles, unpaid wage claims, minimum wage, and child labor laws and complaints. (b) The employee must first use all available and applicable paid vacation and sick leave while taking the leave, and the remainder of the leave is unpaid. 1, eff. (a) A state employee is eligible to use time contributed to the family leave pool of the state agency that employs the employee if the employee has exhausted the employee's eligible compensatory, discretionary, sick, and vacation leave because of: (2) the placement of a foster child or adoption of a child under 18 years of age; (3) the placement of any person 18 years of age or older requiring guardianship; (4) a serious illness to an immediate family member or the employee, including a pandemic-related illness; (5) an extenuating circumstance created by an ongoing pandemic, including providing essential care to a family member; or. 443), Sec. Sept. 1, 1993. (A) a board, commission, department, or other agency in the executive branch of state government created by the constitution or a statute of the state; (B) an institution of higher education as defined by Section 61.003, Education Code; (C) a legislative agency, but not either house or a member of the legislature; or. Sec. 661.036. (b) The employee on an unpaid leave of absence during military duty described by Subsection (a) continues to accrue: (1) state service credit for purposes of longevity pay; (c) The employee may retain any accrued vacation or sick leave and is entitled to be credited with those balances on return to state employment from military duty described by Subsection (a). Employment Law: Discrimination, Wages & Child Labor Employee Rights & Laws Workforce Policy & Guidance VACATION AND SICK LEAVE Vacation Leave Specify the categories of employees who are eligible to accrue and use paid vacation leave; i.e. full-time, temporary, or part-time employees. Sec. Sec. 19, eff. Source: Added by Acts 2021, 87th Leg., R.S., Ch. However, annual leave may not be taken until an employee has been continuously employed with a state agency for six (6) months. Sept. 1, 1993. SUBCHAPTER A-1. (c) For a state employee who is paid under this subchapter because the separation from state employment involves a move to a position in a state agency that does not accrue vacation time, no hours may be added to the employee's accrued vacation time for a state or national holiday which is scheduled to fall within the period after the date of separation and during which the employee could have used the time. 661.152 661.027. (2) has exhausted the employee's sick leave, including any time the individual may be eligible to withdraw from a sick leave pool. 833), Sec. 118, Sec. Leave earned while on an unpaid leave of absence during military duty described by Subsection (a) is credited to the employee's balance when the employee returns to active state employment. (3) "Pool administrator" means the individual appointed by the governing body of a state agency to administer the agency's sick leave pool. 1035, Sec. Added by Acts 1999, 76th Leg., ch. Sept. 1, 1993. increasing citizen access. June 20, 2003. (b) An employee who separates from employment with the state for a reason other than that described by Subsection (a) is entitled to have the employee's sick leave balance restored if: (1) the employee is reemployed by the same state agency or institution of higher education within 12 months after the end of the month in which the employee separates from state employment, but only if there has been a break in employment with the state of at least 30 calendar days; or. (e) Before a state employee leaves for military service, the state agency employing the employee shall review with the employee any issues relating to maintaining state health insurance coverage during the employee's military duty, including what the employee needs to do to maintain state health insurance coverage, how health insurance coverage is affected by paid or unpaid leave, and how to pay any premium required for the insurance coverage. (a) A state employee who is a volunteer of an organization that is a member of the Texas Voluntary Organizations Active in Disaster may be granted leave to participate in disaster relief services without a deduction in salary or loss of vacation time, sick leave, earned overtime credit, or state compensatory time if: (1) the employee's supervisor authorizes the leave; (2) the services in which the employee participates are provided for a state of disaster declared by the governor under Chapter 418; and. FOSTER PARENTS. Sept. 1, 1997. Initial consultations (2) 30 working days in a fiscal year to serve as an organ donor. In addition, (5) holds two or more positions, and separates from one that accrues vacation time, if the agency agrees to pay the employee for the accrued balance of the employee's vacation time. If the business has 15 or more employees, it is covered by state and federal pregnancy and disability discrimination laws, which require non-discriminatory treatment of pregnant employees and reasonable accommodation for employees with disabilities. 1146 (H.B. 1237, 88th Legislature, Regular Session, for amendments affecting the following section. Sick Leave (d) In this section, "employee" and "state agency" have the meanings assigned by Section 661.001. 268, Sec. ASSISTANCE DOG TRAINING FOR EMPLOYEES WITH A DISABILITY. Added by Acts 2015, 84th Leg., R.S., Ch. (g) If an employee's state employment anniversary date occurs on the first calendar day of a month, the employee begins to accrue vacation leave at a higher rate in accordance with Subsection (d) on the first calendar day of the appropriate month. Sec. (b) A state employee who is the subject of an investigation being conducted by the employing agency is ineligible to receive leave for that reason under any other provision of this subchapter. 10A.519, eff.
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