CHAPTER 661. LEAVE
GOVERNMENT CODE
TITLE 6. PUBLIC OFFICERS AND EMPLOYEES
SUBTITLE B. STATE OFFICERS AND EMPLOYEES
CHAPTER 661. LEAVE
SUBCHAPTER A. STATE EMPLOYEE SICK LEAVE POOL
Sec. 661.001. DEFINITIONS. In this subchapter:
(1) "Employee" means an individual, other than a state officer,
employed by a state agency.
(2) "Executive director" means the individual appointed by the
governing body of a state agency as chief administrative officer
of the agency and includes the chancellor or highest executive
officer of a university system and the president of a public
senior college or university as defined by Section 61.003,
Education Code.
(3) "Pool administrator" means the individual appointed by the
governing body of a state agency to administer the agency's sick
leave pool.
(4) "State agency" means:
(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
(D) the supreme court, the court of criminal appeals, a court of
appeals, or a state judicial agency.
(5) "State officer" means an elected or appointed officer of a
state agency or an executive director.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1999, 76th Leg., ch. 1354, Sec. 14, eff.
Sept. 1, 1999.
Sec. 661.002. SICK LEAVE POOL. (a) The governing body of a
state agency shall, through the establishment of a program, allow
an agency employee to voluntarily transfer to a sick leave pool
sick leave earned by the employee.
(b) The executive director of the agency or another individual
appointed by the governing body shall administer the sick leave
pool.
(c) The governing body of the state agency shall adopt rules and
prescribe procedures relating to the operation of the agency sick
leave pool.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 661.003. CONTRIBUTION TO POOL. (a) An employee may
contribute to the sick leave pool one or more days of the
employee's accrued sick leave.
(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.
(c) A retiring employee may designate the number of the retiring
employee's accrued sick leave hours to be used for retirement
credit and the number of the retiring employee's accrued sick
leave hours to be donated on retirement to the sick leave pool.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 288, Sec. 1, eff.
Sept. 1, 1995; Acts 2001, 77th Leg., ch. 387, Sec. 1, eff. Sept.
1, 2001.
Sec. 661.004. USE OF TIME IN POOL. (a) An employee is eligible
to use time contributed to the sick leave pool of the agency if
the employee has exhausted the employee's sick leave because of:
(1) a catastrophic illness or injury; or
(2) a previous donation of time to the pool.
(b) The board of trustees of the state employee group benefits
program established under Chapter 1551, Insurance Code, shall:
(1) classify, for the purposes of this subchapter, those
injuries and illnesses that are catastrophic; and
(2) provide a written statement of the classification to the
governing body of each state agency.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 2003, 78th Leg., ch. 1276, Sec. 10A.519,
eff. Sept. 1, 2003.
Sec. 661.005. WITHDRAWAL OF TIME FROM POOL. (a) An employee
may apply to the pool administrator for permission to withdraw
time from the sick leave pool.
(b) If the employee is seeking permission to withdraw time
because of a catastrophic illness or injury, 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. The statement must provide
sufficient information regarding the illness or injury to enable
the pool administrator to evaluate the employee's eligibility.
(c) If the pool administrator determines that the employee is
eligible, the administrator shall:
(1) approve the transfer of time from the pool to the employee;
and
(2) credit the time to the employee.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 1334, Sec. 1, eff.
Sept. 1, 1997.
Sec. 661.006. LIMITATION ON WITHDRAWALS. (a) An employee may
not withdraw time from the sick leave pool except in the case of
catastrophic illness or injury of the employee or the employee's
immediate family.
(b) An employee may not withdraw time from the sick leave pool
in an amount that exceeds the lesser of:
(1) one-third of the total time in the pool; or
(2) 90 days.
(c) The pool administrator shall determine the amount of time
that an employee may withdraw from the pool.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 1334, Sec. 2, eff.
Sept. 1, 1997.
Sec. 661.007. EQUAL TREATMENT. 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.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 661.008. NO ENTITLEMENT TO ESTATE. The estate of a
deceased employee is not entitled to payment for unused time
withdrawn by the employee from the sick leave pool.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER B. PAYMENT FOR VACATION AND SICK LEAVE TO ESTATES OF
DECEASED STATE EMPLOYEES
Sec. 661.031. DEFINITIONS. In this subchapter:
(1) "National holiday" includes only those days listed under
Section 662.003(a).
(2) "State employee" means an individual who is an appointed
officer or employee of a state agency and who normally works 900
hours or more a year. The term includes:
(A) an hourly employee;
(B) a temporary employee;
(C) a person employed by:
(i) the Teacher Retirement System of Texas;
(ii) the Texas Education Agency;
(iii) the Texas Higher Education Coordinating Board;
(iv) the Texas School for the Blind and Visually Impaired;
(v) the Texas School for the Deaf;
(vi) the Texas Youth Commission;
(vii) the Windham School District; or
(viii) the Department of Assistive and Rehabilitative Services;
and
(D) a classified, administrative, faculty, or professional
employee of a state institution or agency of higher education who
has accumulated vacation leave, sick leave, or both, during the
employment.
(3) "State holiday" includes only those days listed under
Section 662.003(b).
(4) "Workday" includes a state or national holiday.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.20, eff.
Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
609, Sec. 3, eff. June 15, 2007.
Sec. 661.032. APPLICABILITY OF SUBCHAPTER. (a) This subchapter
applies only to a state employee who, at any time during the
employee's lifetime, has accrued six months of continuous state
employment. 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.
(b) The estates of the following are not entitled to payments
under this subchapter:
(1) an individual employed on a piecework basis;
(2) an individual who holds an office that is normally filled by
vote of the people;
(3) an independent contractor or an employee of an independent
contractor;
(4) an operator of equipment or a driver of a team whose wages
are included in the rental paid by a state agency to the owner of
the equipment or team; or
(5) an individual covered by:
(A) the Judicial Retirement System of Texas Plan One;
(B) the Judicial Retirement System of Texas Plan Two; or
(C) the Teacher Retirement System of Texas, other than an
individual described by Section 661.031(2)(C) or (D).
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.18, eff.
Sept. 1, 1995.
Sec. 661.033. PAYMENT FOR VACATION AND SICK LEAVE. (a) When a
state employee dies, the state shall pay the employee's estate
for the balances of the employee's:
(1) vacation leave; and
(2) sick leave.
(b) Payment under this section shall comply with any limits in
the General Appropriations Act, except as provided by Subsection
(c).
(c) Payment under this section may not be for more than:
(1) all of the state employee's accumulated vacation leave; and
(2) one-half of the state employee's accumulated sick leave or
336 hours of sick leave, whichever is less.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1999, 76th Leg., ch. 279, Sec. 17, eff.
Sept. 1, 1999.
Sec. 661.034. COMPUTATION OF PAYMENT. (a) The payment to the
estate of the deceased state employee shall be computed by
multiplying the employee's hourly rate of compensation at the
time of death by the total number of leave hours determined under
Section 661.035.
(b) Under this section, rate of compensation:
(1) includes an emolument in lieu of base pay for which the
state employee was eligible on the last day of employment; and
(2) does not include longevity or hazardous duty pay.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 661.035. COMPUTATION OF TOTAL ACCUMULATED LEAVE; HOLIDAY
TIME. (a) For a state employee who at the time of death is
normally scheduled to work at least 40 hours a week, eight hours
is to be added to the employee's sick and vacation leave under
Section 661.034 for each state or national holiday that is
scheduled to fall within the period after the date of death and
during which the employee could have used leave. To determine the
period during which leave could have been used and the number of
state or national holidays, the employee's leave is allocated
over the workdays after the employee's death and eight hours is
added as a state or national holiday occurs during the period.
(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.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 661.036. PAYMENT CHARGED TO CERTAIN FISCAL YEAR. A state
agency shall charge a payment required by Section 661.033 to the
fiscal year in which the state employee dies.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 661.037. PAYMENT WITH FUNDS APPROPRIATED FOR SALARIES. A
state agency shall use funds appropriated to the agency for
salaries to make a payment required by Section 661.033.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 661.038. RULES. The comptroller may establish procedures
and adopt rules to administer this subchapter.
Added by Acts 1997, 75th Leg., ch. 1035, Sec. 17, eff. June 19,
1997.
SUBCHAPTER C. PAYMENT FOR VACATION TIME TO STATE EMPLOYEES WHO
SEPARATE FROM STATE EMPLOYMENT
Sec. 661.061. DEFINITIONS. In this subchapter:
(1) "National holiday" includes only those days listed under
Section 662.003(a). The term does not include a national holiday
on which a state employee is not entitled to a paid day off from
work under Section 662.005.
(2) "State employee" means an employee or appointed officer of a
state agency. The term includes:
(A) a full-time employee or officer;
(B) a part-time employee or officer;
(C) an hourly employee;
(D) a temporary employee;
(E) a person employed by:
(i) the Teacher Retirement System of Texas;
(ii) the Texas Education Agency;
(iii) the Texas Higher Education Coordinating Board;
(iv) the Texas School for the Blind and Visually Impaired;
(v) the Texas School for the Deaf;
(vi) the Texas Youth Commission;
(vii) the Windham School District; or
(viii) the Department of Assistive and Rehabilitative Services;
or
(F) a classified, administrative, faculty, or professional
employee of a state institution or agency of higher education who
has accumulated vacation leave during the employment.
(3) "State holiday" includes only those days listed under
Section 662.003(b). The term does not include a state holiday on
which a state employee is not entitled to a paid day off from
work under Section 662.005.
(4) "Workday" includes a state or national holiday.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 165, Sec. 6.21, eff.
Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1035, Sec. 42, eff.
Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
609, Sec. 4, eff. June 15, 2007.
Sec. 661.062. ENTITLEMENT TO PAYMENT FOR VACATION TIME. (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. 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 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.
(b) A separation from state employment includes a separation in
which the employee:
(1) leaves one state agency to begin working for another state
agency, if one or more workdays occur between the two employments
and 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;
(2) moves from a position in a state agency that accrues
vacation time to a position in that agency that does not accrue
vacation time, if the agency agrees to pay the employee for the
accrued balance of the employee's vacation time;
(3) moves from a position in a state agency that accrues
vacation time to a position in another state agency that does not
accrue vacation time, if the other state agency refuses to credit
the employee for the balance of the employee's vacation time as
of the date of the move;
(4) moves from a position in a state agency that does not accrue
vacation time to a position in another state agency that does not
accrue vacation time, if the other state agency is not authorized
or refuses to credit the employee for the balance of the
employee's vacation time as of the date of the move; or
(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.
(c) A separation under Subsection (b)(4) applies only with
respect to the position from which the separation occurs.
(d) State employment is continuous for purposes of Subsection
(a) while the employee is entitled to be paid a regular state
salary, except that continuity of state employment is not
interrupted while the employee is on a leave of absence without
pay for less than one calendar month.
(e) The following are not entitled to payments under this
subchapter:
(1) an individual who holds an office that is normally filled by
vote of the people;
(2) an independent contractor or an employee of an independent
contractor;
(3) an operator of equipment or a driver of a team whose wages
are included in the rental paid by a state agency to the owner of
the equipment or team;
(4) an individual employed on a piecework basis; or
(5) an individual covered by:
(A) the Judicial Retirement System of Texas Plan One;
(B) the Judicial Retirement System of Texas Plan Two; or
(C) the Teacher Retirement System of Texas, other than an
individual described by Section 661.061(2)(E) or (F).
(f) Payment for accrued vacation leave for employees of the
legislative branch, including employees of the lieutenant
governor, is determined as follows:
(1) for employees of either house of the legislature, a member
of the legislature, or the lieutenant governor, by the presiding
officer of the appropriate house of the legislature; and
(2) for employees of a legislative agency, by the administrative
head of the agency.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1995, 74th Leg., ch. 76, Sec. 5.19, eff.
Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1035, Sec. 43, eff.
Sept. 1, 1997; Acts 1999, 76th Leg., ch. 279, Sec. 18, eff. Sept.
1, 1999; Acts 2001, 77th Leg., ch. 118, Sec. 2.06, eff. Sept. 1,
2001.
Sec. 661.063. COMPUTATION OF PAYMENT. (a) Except as provided
by Subsection (b), the payment to a state employee under this
subchapter shall be computed by multiplying the employee's rate
of compensation on the date of separation from state employment
by the total number of hours of vacation time determined under
Section 661.064.
(b) The payment under this subchapter to a state employee who
separates from state employment while holding a position that
does not accrue vacation time shall be computed according to this
subsection. The employee's final rate of compensation in the last
position held that accrues vacation time shall be multiplied by
the employee's total number of hours of vacation time determined
under Section 661.064.
(c) Under this section, rate of compensation:
(1) includes an emolument in lieu of base pay for which the
state employee was eligible; and
(2) does not include longevity or hazardous duty pay.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 44, eff.
Sept. 1, 1997.
Sec. 661.064. COMPUTATION OF TOTAL ACCUMULATED LEAVE; HOLIDAY
TIME. (a) This subsection applies except as provided by
Subsection (c). For a state employee who on the date of
separation is normally scheduled to work at least 40 hours a
week, eight hours are to be added to the employee's accrued
vacation time for each state or national holiday that is
scheduled to fall within the period after the date of separation
and during which the employee could have used the time. To
determine the period during which vacation time could have been
used and the number of state or national holidays, the employee's
vacation time is allocated over the workdays after the employee's
separation and eight hours are added as a state or national
holiday occurs during the period.
(b) For a state employee who on the date of separation is
normally scheduled to work less than 40 hours a week, the number
of hours that is to be added to the employee's accrued vacation
time 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.
(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.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993. Amended by Acts 1997, 75th Leg., ch. 1035, Sec. 45, eff.
Sept. 1, 1997.
Sec. 661.065. LUMP-SUM PAYMENT. A state agency shall make a
payment required by this subchapter in a lump sum, except as
provided by Section 661.067.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 661.066. PAYMENT CHARGED TO CERTAIN FISCAL YEAR. A state
agency shall charge a lump-sum payment required by this
subchapter to the fiscal year in which the state employee's
separation from state employment becomes effective.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 661.067. AGREEMENT FOR STATE EMPLOYEE TO REMAIN ON AGENCY
PAYROLL. (a) A state agency may agree to permit an employee
entitled to payment under this subchapter to remain on the
agency's payroll to exhaust the employee's accrued vacation time.
(b) A state employee who remains on the payroll of a state
agency under this section:
(1) is entitled to continue to receive all compensation and
benefits that the state employee was receiving on the employee's
last day of duty, including paid holidays, longevity pay, and
hazardous duty pay;
(2) is entitled to a general salary increase for state employees
that takes effect before the employee's accrued vacation time is
exhausted; and
(3) may not use sick leave or accrue sick leave or vacation
time.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 661.068. RULES. The comptroller may establish procedures
and adopt rules to administer this subchapter.
Added by Acts 1997, 75th Leg., ch. 1035, Sec. 18, eff. June 19,
1997.
SUBCHAPTER D. PAYMENTS FOR VACATION TIME TO CONTRIBUTING MEMBERS
OF EMPLOYEES RETIREMENT SYSTEM WHO RETIRE
Sec. 661.091. PAYMENT FOR VACATION TIME ON RETIREMENT. (a) A
contributing member of the Employees Retirement System of Texas
who retires is entitled to be paid in a lump sum, from funds of
the agency or department from which the member retires, for the
member's accrued vacation time as of the date of retirement.
(b) A payment required by this section is payable on the date of
retirement.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 661.092. COMPUTATION OF PAYMENT. 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.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 661.093. CONFLICT WITH OTHER SUBCHAPTER. Subchapter C of
this chapter controls if there is a conflict between Subchapter C
and this subchapter.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
Sec. 661.094. RULES. The comptroller may establish procedures
and adopt rules to administer this subchapter.
Added by Acts 1997, 75th Leg., ch. 1035, Sec. 19, eff. June 19,
1997.
SUBCHAPTER E. VACATION FOR HOURLY OR DAILY STATE EMPLOYEE
Sec. 661.121. VACATION FOR HOURLY OR DAILY EMPLOYEE. (a) A
state department, institution, or agency may grant a vacation
with full pay to an employee:
(1) whose pay is computed by the hour or by the day; and
(2) who has been continuously employed by the state for six
months.
(b) The vacation authorized by this section is for the same time
as that granted to employees whose pay is computed monthly.
Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1,
1993.
SUBCHAPTER F. GENERAL PROVISIONS FOR VACATION LEAVE FOR STATE
EMPLOYEES
Sec. 661.151. STATE AUDITOR INTERPRETATION. (a) The state
auditor shall provide a uniform interpretation of this subchapter
and Subchapters G and Z.
(b) The state auditor shall report to the governor and the
legislature any state agency or institution of higher education
that practices exceptions to those laws.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999.
Sec. 661.152. ENTITLEMENT TO ANNUAL VACATION LEAVE. (a) A
state employee is entitled to a vacation in each fiscal year
without a deduction in salary, except for a state employee who
is:
(1) an employee of an institution of higher education as defined
by Section 61.003, Education Code, who:
(A) is not employed to work at least 20 hours per week for a
period of at least four and one-half months; or
(B) is employed in a position for which the employee is required
to be a student as a condition of the employment;
(2) a faculty member employed for a period of fewer than 12
months by an institution of higher education as defined by
Section 61.003, Education Code; or
(3) an instructional employee employed for a period of fewer
than 12 months by the Texas School for the Blind and Visually
Impaired, the Texas School for the Deaf, or the Texas Youth
Commission.
(b) The amount of vacation accrues and may be taken in
accordance with this subchapter.
(c) A part-time employee accrues vacation leave on a
proportionate basis. The maximum amount of vacation leave a
part-time employee may carry forward from one fiscal year to the
next is also on a proportionate basis.
(d) An employee accrues vacation leave and may carry vacation
leave forward from one fiscal year to the next in accordance with
the following schedule:
Maximum Hours
Carried Forward
Hours Accrued
From One Fiscal
Per Month for
Year to the Next
Employees With Total
Full-time
for a Full-time
State Employment of:
Employment
Employee
less than 2 years
8
180
at least 2 but less than 5 years
9
244
at least 5 but less than 10 years
10
268
at least 10 but less than 15 years
11
292
at least 15 but less than 20 years
13
340
at least 20 but less than 25 years
15
388
at least 25 but less than 30 years
17
436
at least 30 but less than 35 years
19
484
at least 35 years or more
21
532
(e) In this subsection, "duty day" means an employee's last
physical day on the job. An employee accrues vacation leave at
the applicable rate beginning on the first day of state
employment and ending on the last duty day of state employment.
An employee accrues and is entitled to be credited for one
month's vacation leave for each month of employment with the
state beginning on the first day of employment with the state and
on the first calendar day of each succeeding month of state
employment. An employee who is employed by the state during any
part of a calendar month accrues vacation leave entitlement for
the entire calendar month.
(f) An employee may not take vacation leave until the employee
has six months of continuous employment with the state, although
the employee accrues vacation leave during that period.
(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. Otherwise,
the employee begins to accrue vacation leave at the higher rate
on the first calendar day of the month following the anniversary
date. 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.
(h) An employee is entitled to carry forward from one fiscal
year to the next the net balance of unused accumulated vacation
leave that does not exceed the maximum number of hours allowed
under Subsection (d). All hours of unused accumulated vacation
leave that may not be carried forward at the end of a fiscal year
under this subsection and Subsection (d) shall be credited to the
employee's sick leave balance on the first day of the next fiscal
year.
(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.
(j) An employee who is on paid leave on the first workday of a
month may not take vacation leave accrued for that month until
the employee has returned to duty.
(k) An individual who is reemployed by any state agency in a
position under which the employee accrues vacation leave within
30 days after the individual's date of separation from state
employment is entitled to reinstatement of the unused balance of
the employee's previously accrued vacation leave.
(l) For purposes of computing vacation leave under Subsection
(d) for a state employee who retired from state employment on or
after June 1, 2005, and who receives an annuity based wholly or
partly on service as a state officer or state employee in a
public retirement system, as defined by Section 802.001, that was
credited to the state employee, years of total state employment
includes only the length of state employment after the date the
state employee retired.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999. Amended by Acts 2003, 78th Leg., ch. 1310, Sec. 43, 44,
eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
899, Sec. 13.05, eff. September 1, 2005.
Sec. 661.153. TRANSFER OF VACATION LEAVE BALANCE. A state
employee who transfers directly from one state agency to another
is entitled to credit by the agency to which the employee
transfers for the unused balance of the employee's accumulated
vacation leave, if the employee's employment with the state is
uninterrupted and if the employee is not paid for the leave under
Section 661.062.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999.
Sec. 661.154. VACATION LEAVE FOR LEGISLATIVE EMPLOYEES.
Vacation leave for employees of the legislative branch, including
employees of the lieutenant governor, is determined as follows:
(1) for employees of either house of the legislature, a member
of the legislature, or the lieutenant governor, by the presiding
officer of the appropriate house of the legislature; and
(2) for employees of a legislative agency, by the administrative
head of the agency.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999.
SUBCHAPTER G. GENERAL PROVISIONS FOR SICK LEAVE FOR STATE
EMPLOYEES
Sec. 661.201. APPLICABILITY. (a) Sick leave for employees of
the legislative branch, including employees of the lieutenant
governor, is determined as follows:
(1) for employees of either house of the legislature, a member
of the legislature, or the lieutenant governor, by the presiding
officer of the appropriate house of the legislature; and
(2) for employees of a legislative agency, by the administrative
head of the agency.
(b) An employee of an institution of higher education as defined
by Section 61.003, Education Code, is eligible to accrue or take
paid sick leave under this subchapter only if the employee:
(1) is employed to work at least 20 hours per week for a period
of at least four and one-half months; and
(2) is not employed in a position for which the employee is
required to be a student as a condition of the employment.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999.
Sec. 661.202. ENTITLEMENT TO SICK LEAVE; GENERAL PROVISIONS AND
PROCEDURES. (a) A state employee is entitled to sick leave
without a deduction in salary in accordance with this subchapter.
(b) In this subsection, duty day means an employee's last
physical day on the job. An employee accrues sick leave beginning
on the first day of state employment and ending on the last duty
day of state employment. An employee is entitled to be credited
for one month's accrual of sick leave at the rate specified by
Subsection (c) for each month of employment with the state
beginning on the first day of employment with the state and on
the first calendar day of each succeeding month of state
employment.
(c) Sick leave entitlement for a full-time employee accrues at
the rate of eight hours for each month of state employment. A
part-time employee accrues sick leave on a proportionate basis.
An employee who is employed by the state during any part of a
calendar month accrues sick leave entitlement for the entire
calendar month. Sick leave accumulates with the unused amount of
sick leave carried forward each month.
(d) Sick leave with pay may be taken when sickness, injury, or
pregnancy and confinement prevent the employee's performance of
duty or when the employee is needed to care for and assist a
member of the employee's immediate family who is sick. For
purposes of taking regular sick leave with pay, the following
persons are considered to be members of the employee's immediate
family:
(1) an individual who resides in the same household as the
employee and is related to the employee by kinship, adoption, or
marriage;
(2) a foster child of the employee who resides in the same
household as the employee and who is under the conservatorship of
the Department of Protective and Regulatory Services; and
(3) a minor child of the employee, regardless of whether the
child lives in the same household.
(e) An employee's use of sick leave to care for and assist
members of the employee's family who are not described by
Subsection (d) is strictly limited to the time necessary to
provide care and assistance to a spouse, child, or parent of the
employee who needs the care and assistance as a direct result of
a documented medical condition.
(f) An employee who must be absent from duty because of
sickness, injury, or pregnancy and confinement shall notify the
employee's supervisor or have the supervisor notified of that
fact at the earliest practicable time.
(g) To be eligible to take accumulated sick leave without a
deduction in salary during a continuous period of more than three
working days, an employee absent due to sickness, injury, or
pregnancy and confinement shall send to the administrative head
of the employing agency a doctor's certificate showing the cause
or nature of the condition or another written statement of the
facts concerning the condition that is acceptable to the
administrative head. 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.
(h) On returning to duty after taking sick leave, the employee
shall without delay complete the prescribed application for sick
leave and send the application in the manner prescribed by the
agency to the appropriate authority for approving the
application.
(i) The administrative head of an agency that is in compliance
with Subsection (j) may authorize an exception to the amount of
sick leave an employee may take after a review of the
individual's particular circumstances. A statement of all
authorized exceptions and the reasons for the exceptions shall be
attached to the state agency's duplicate payroll voucher for the
payroll period affected by the authorized exceptions.
(j) A state agency shall file a written statement with the state
auditor covering the policies and procedures for an extension of
leave under Subsection (i) and shall make the statement available
to all agency employees.
(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.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999. Amended by Acts 2003, 78th Leg., ch. 1310, Sec. 45, eff.
June 20, 2003.
Sec. 661.203. FACULTY AT INSTITUTIONS OF HIGHER EDUCATION. A
faculty member at an institution of higher education as defined
by Section 61.003, Education Code, must submit prescribed leave
forms for all sick leave the faculty member takes if the absence
occurs during the normal workday for regular employees, even if
no classes are missed.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999.
Sec. 661.204. TRANSFER OF SICK LEAVE BALANCE. A state employee
who transfers directly from one state agency to another is
entitled to credit by the agency to which the employee transfers
for the unused balance of the employee's accumulated sick leave,
if the employee's employment with the state is uninterrupted.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999.
Sec. 661.205. RESTORATION OF SICK LEAVE ON REEMPLOYMENT IN
CERTAIN CIRCUMSTANCES. (a) An employee who separates from
employment with the state under a formal reduction in force is
entitled to have the employee's sick leave balance restored if
the employee is reemployed by the state within 12 months after
the end of the month in which the employee separates from state
employment.
(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
(2) the employee is reemployed by a different state agency or
institution of higher education within 12 months after the end of
the month in which the employee separates from state employment.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999.
Sec. 661.206. PARENT-TEACHER CONFERENCE: USE OF SICK LEAVE. (a)
This section applies to an employee who is a parent of a child
who is a student attending a grade from prekindergarten through
12th grade.
(b) An employee may use up to eight hours of sick leave each
fiscal year to attend parent-teacher conference sessions for the
employee's children.
(c) An employee shall give reasonable advance notice of the
employee's intention to use the sick leave to attend a
parent-teacher conference.
(d) In this section:
(1) "Employee" has the meaning assigned by Section 661.001.
(2) "Parent" means a person standing in parental relation.
Added by Acts 1997, 75th Leg., ch. 430, Sec. 1, eff. Sept. 1,
1997. Renumbered from Sec. 661.151 and amended by Acts 1999, 76th
Leg., ch. 279, Sec. 19, eff. Sept. 1, 1999; Acts 2003, 78th Leg.,
ch. 1310, Sec. 46, eff. June 20, 2003.
SUBCHAPTER Z. MISCELLANEOUS LEAVE PROVISIONS FOR STATE EMPLOYEES
Sec. 661.901. APPLICABILITY. (a) This subchapter applies only
to a state employee employed in the executive or judicial branch
of state government.
(b) The leave policies for employees of the legislative branch,
including employees of the lieutenant governor, are determined as
follows:
(1) for employees of either house of the legislature, a member
of the legislature, or the lieutenant governor, by the presiding
officer of the appropriate house of the legislature; and
(2) for employees of a legislative agency, by the administrative
head of the agency.
(c) An employee of an institution of higher education as defined
by Section 61.003, Education Code, is eligible to accrue or take
paid leave under this subchapter only if the employee:
(1) is employed to work at least 20 hours per week for a period
of at least four and one-half months; and
(2) is not employed in a position for which the employee is
required to be a student as a condition of the employment.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999.
Sec. 661.902. EMERGENCY LEAVE. (a) A state employee is
entitled to emergency leave without a deduction in salary because
of a death in the employee's family. The death of the employee's
spouse or of a parent, brother, sister, grandparent, grandchild,
or child of the employee or of the employee's spouse is
considered to be a death in the employee's family for purposes of
this subsection.
(b) The administrative head of an agency may determine that a
reason other than that described by Subsection (a) is sufficient
for granting emergency leave and shall grant an emergency leave
to an employee who the administrative head determines has shown
good cause for taking emergency leave.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999.
Sec. 661.903. NATIONAL GUARD EMERGENCY. A state employee who is
called to state active duty as a member of the state military
forces by the governor because of an emergency is entitled to a
leave of absence without a deduction in salary in accordance with
Section 431.0825. A state employee who is called to federal
active duty as a member of the state military forces may not
receive the employee's state salary except as provided by
Sections 661.904(d) and (f) and 661.9041.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999. Amended by Acts 2003, 78th Leg., ch. 175, Sec. 4, eff.
Sept. 1, 2003.
Sec. 661.904. MILITARY LEAVE DURING NATIONAL EMERGENCY. (a) An
employee called to active duty during a national emergency to
serve in a reserve component of the armed forces of the United
States under Title 10 or 32, United States Code, is entitled to
an unpaid leave of absence.
(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;
(2) vacation leave; and
(3) sick leave.
(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).
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.
(d) The employee may use any accrued vacation leave, earned
compensatory leave, or overtime leave under the federal Fair
Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), 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).
(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.
(f) A state employee activated for military service may continue
to accrue service credit with the Employees Retirement System of
Texas by receiving at least one hour of state pay during each
month of active military service. The employee may use any
combination of paid leave, including state compensatory leave,
overtime leave under the federal Fair Labor Standards Act of 1938
(29 U.S.C. Section 201 et seq.), as amended, annual leave,
military leave, or approved agency differential pay, to qualify
for the state pay.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999. Amended by Acts 2003, 78th Leg., ch. 175, Sec. 5, eff.
Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
764, Sec. 1, eff. June 19, 2009.
Sec. 661.9041. DIFFERENTIAL PAY. (a) The administrative head
of a state agency shall grant sufficient emergency leave as
differential pay to a state employee on unpaid military leave if
the employee's military pay is less than the employee's state
gross pay. The combination of emergency leave and military pay
may not exceed the employee's actual state gross pay.
(b) For purposes of Subsection (a), military pay does not
include money the employee receives:
(1) for service in a combat zone;
(2) as hardship pay; or
(3) for being separated from the employee's family.
(c) The state auditor shall adopt guidelines to assist state
agencies in determining the amount of emergency leave to grant to
an employee under this section as differential pay.
Added by Acts 2003, 78th Leg., ch. 175, Sec. 6, eff. Sept. 1,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
371, Sec. 1, eff. June 17, 2005.
Sec. 661.905. VOLUNTEER FIREFIGHTERS AND EMERGENCY MEDICAL
SERVICES VOLUNTEERS. (a) In this section, "emergency medical
services volunteer" has the meaning assigned by Section 773.003,
Health and Safety Code.
(b) A state employee who is a volunteer firefighter or an
emergency medical services volunteer is entitled to a leave of
absence without a deduction in salary to attend fire service or
emergency medical services training conducted by a state agency
or institution of higher education. Leave without a deduction in
salary under this subsection may not exceed five working days in
a fiscal year.
(c) A state agency or institution of higher education may grant
leave without a deduction in salary to a volunteer firefighter or
an emergency medical services volunteer for the purpose of
allowing the firefighter or emergency medical services volunteer
to respond to emergency fire or medical situations if the agency
or institution has an established policy for granting that leave.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999. Amended by Acts 2001, 77th Leg., ch. 343, Sec. 1, eff.
Sept. 1, 2001.
Sec. 661.906. FOSTER PARENTS. A state employee who is a foster
parent to a child under the conservatorship of the Department of
Protective and Regulatory Services is entitled to a leave of
absence without a deduction in salary for the purpose of
attending:
(1) meetings held by the Department of Protective and Regulatory
Services regarding the child under the foster care of the
employee; or
(2) an admission, review, and dismissal meeting held by a school
district regarding the child under the foster care of the
employee.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999.
Sec. 661.907. RED CROSS DISASTER SERVICE VOLUNTEER. (a) A
state employee who is a certified disaster service volunteer of
the American Red Cross or who is in training to become such a
volunteer may be granted leave not to exceed 10 days each fiscal
year to participate in specialized disaster relief services for
the American Red Cross without a deduction in salary or loss of
vacation time, sick leave, earned overtime credit, or state
compensatory time if the leave is taken:
(1) on the request of the American Red Cross;
(2) with the authorization of the employee's supervisor; and
(3) with the approval of the governor.
(b) The number of certified disaster service volunteers who are
eligible for leave under this section may not exceed 350 state
employees at any one time during a fiscal year. The Texas
Division of Emergency Management shall coordinate the
establishment and maintenance of the list of eligible employees.
(c) Not later than the 60th day after the date the American Red
Cross makes a request under Subsection (a)(1), the American Red
Cross shall prepare a report for the Legislative Budget Board
stating the reasons for the request.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1146, Sec. 2B.07, eff. September 1, 2009.
Sec. 661.908. LEAVE RECORDS; TIME AND ATTENDANCE RECORDS. The
administrative head or governing body of each state agency shall
require for each employee:
(1) time and attendance records;
(2) a record of the accrual and taking of vacation and sick
leave;
(3) a record of the reason an employee takes leave if other law
requires the employee to inform the agency of the reason; and
(4) a record that shows whether any leave taken is accounted for
as sick leave, vacation leave, other paid leave, leave without
pay, or other absence.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999.
Sec. 661.909. LEAVE WITHOUT PAY; LEAVE OF ABSENCE. (a) A state
agency or institution of higher education may grant employees
leave without pay, including a leave of absence without pay, in
accordance with this section.
(b) The duration of the leave may not exceed 12 months.
(c) Except for disciplinary suspensions, active military duty,
and leave covered by workers' compensation benefits, all
accumulated paid leave entitlements must be used before going on
leave without pay status. Sick leave must first be used only if
the employee is taking leave for a reason for which the employee
is eligible to take sick leave under Subchapter G.
(d) Subject to fiscal constraints, approval of the leave
constitutes a guarantee of employment at the conclusion of the
specified leave period.
(e) The administrative head of a state agency or institution of
higher education may grant exceptions to the limitations of this
section if the employee is taking the leave for a reason such as:
(1) to work for another state governmental entity under an
interagency agreement; or
(2) educational purposes.
(f) Except for an employee who returns to state employment from
military leave without pay under Section 661.904, a full calendar
month during which an employee is on leave without pay is not
counted in computing:
(1) total state service for purposes related to longevity pay or
to the rate of accrual of vacation leave; or
(2) continuous state service for purposes related to merit
salary provisions or vacation leave.
(g) An employee does not accrue vacation or sick leave for a
full calendar month during which the employee is on leave without
pay.
(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.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999.
Sec. 661.910. ASSISTANCE DOG TRAINING FOR EMPLOYEES WITH A
DISABILITY. (a) A state employee who is a person with a
disability, as defined by Section 121.002, Human Resources Code,
is entitled to a leave of absence without a deduction in salary
for the purpose of attending a training program to acquaint the
employee with an assistance dog to be used by the employee.
(b) The leave of absence provided by this section may not exceed
10 working days in a fiscal year.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999.
Sec. 661.911. ADMINISTRATIVE LEAVE WITH PAY. (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.
(b) The total amount of administrative leave an employee may be
granted under this section may not exceed 32 hours during a
fiscal year.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999.
Sec. 661.912. FAMILY AND MEDICAL LEAVE ACT. (a) To the extent
required by federal law, a state employee who has a total of at
least 12 months of state service and who has worked at least
1,250 hours during the 12-month period preceding the beginning of
leave under this section is entitled to leave under the federal
Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et
seq.).
(b) The employee must first use all available and applicable
paid vacation and sick leave while taking leave under this
section, except that an employee who is receiving temporary
disability benefits or workers' compensation benefits is not
required to first use applicable paid vacation or sick leave
while receiving those benefits.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999.
Sec. 661.913. PARENTAL LEAVE FOR CERTAIN EMPLOYEES. (a) A
state employee who has been employed for fewer than 12 months by
the state or who worked fewer than 1,250 hours during the
12-month period preceding the beginning of leave under this
section is eligible to take a parental leave of absence not to
exceed 12 weeks in accordance with this section.
(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.
(c) The leave authorized by this section is limited to, and
begins on the date of, the birth of a natural child of the
employee or the adoption by or foster care placement with the
employee of a child younger than three years of age.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999.
Sec. 661.914. VOTING BY STATE EMPLOYEES. 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.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1,
1999.
Sec. 661.915. APPLICABILITY TO JUNIOR COLLEGES. The provisions
of this chapter do not apply to a public junior college as
defined by Section 61.003, Education Code.
Added by Acts 2001, 77th Leg., ch. 118, Sec. 2.13, eff. Sept. 1,
2001.
Sec. 661.916. LEAVE FOR ORGAN OR BONE MARROW DONORS. (a) A
state employee is entitled to a leave of absence without a
deduction in salary for the time necessary to permit the employee
to serve as a bone marrow or organ donor.
(b) The leave of absence provided by this section may not
exceed:
(1) five working days in a fiscal year to serve as a bone marrow
donor; or
(2) 30 working days in a fiscal year to serve as an organ donor.
Added by Acts 2003, 78th Leg., ch. 177, Sec. 1, eff. Sept. 1,
2003.
Sec. 661.917. DONATION OF BLOOD. (a) A state agency shall
allow each agency employee sufficient time off, without a
deduction in salary or accrued leave, to donate blood.
(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.
(c) On returning to work after taking time off under this
section, an employee shall provide the employee's supervisor with
proof that the employee donated blood during the time off. If an
employee fails to provide proof that the employee donated blood
during the time off, the state agency shall deduct the period for
which the employee was granted time off from the employee's
salary or accrued leave, whichever the employee chooses.
(d) An employee may receive time off under this section not more
than four times in a fiscal year.
Added by Acts 2003, 78th Leg., ch. 177, Sec. 1, eff. Sept. 1,
2003.
Sec. 661.918. INJURY LEAVE FOR CERTAIN PEACE OFFICERS. (a)
This section applies to a peace officer under Article 2.12, Code
of Criminal Procedure, who is commissioned as a law enforcement
officer or agent, including a ranger, by:
(1) the Public Safety Commission and the director of the
Department of Public Safety;
(2) the Parks and Wildlife Commission; or
(3) the Texas Alcoholic Beverage Commission.
(b) A peace officer to whom this section applies is entitled to
injury leave, without a deduction in salary, without being
required to use compensatory time off accrued under Chapter 659,
and without being required to use any other type of leave
allowable under this chapter, for an injury sustained due to the
nature of the officer's duties and that occurs during the course
of the officer's performance of duty, except an officer is not
entitled to injury leave under this subsection if:
(1) the officer's own gross negligence contributed to the
officer's injury; or
(2) the injury was related to the performance of routine office
duties.
(c) To be eligible for injury leave under this section, a person
must submit to the person's employer evidence of a medical
examination and a recommendation for a specific period of leave
from a physician licensed to practice in this state.
(d) The maximum amount of leave available under this section for
all injuries occurring at one time is one year.
(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. 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.
Added by Acts 2005, 79th Leg., Ch.
571, Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
81, Sec. 1, eff. September 1, 2009.
Sec. 661.919. AMATEUR RADIO OPERATORS. (a) A state employee
who holds an amateur radio station license issued by the Federal
Communications Commission may be granted leave not to exceed 10
days each fiscal year to participate in specialized disaster
relief services without a deduction in salary or loss of vacation
time, sick leave, earned overtime credit, or state compensatory
time if the leave is taken:
(1) with the authorization of the employee's supervisor; and
(2) with the approval of the governor.
(b) The number of amateur radio operators who are eligible for
leave under this section may not exceed 350 state employees at
any one time during a state fiscal year. The Texas Division of
Emergency Management shall coordinate the establishment and
maintenance of the list of eligible employees.
Added by Acts 2007, 80th Leg., R.S., Ch.
258, Sec. 2.01, eff. September 1, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
1146, Sec. 2B.08, eff. September 1, 2009.
Sec. 661.921. COURT APPOINTED SPECIAL ADVOCATES VOLUNTEER. A
state employee may be granted leave not to exceed five hours each
month to participate in mandatory training or perform volunteer
services for Court Appointed Special Advocates without a
deduction in salary or loss of vacation time, sick leave, earned
overtime credit, or state compensatory time.
Added by Acts 2009, 81st Leg., R.S., Ch.
1274, Sec. 1, eff. September 1, 2009.