VACATION (ANNUAL) LEAVE ENTITLEMENT
Classified employees shall, without deduction in salary, be entitled to a vacation (annual leave) in each fiscal year. Part-time employees will accrue vacation leave on a proportionate basis and the maximum carry-over will also be proportionate. Such entitlement shall be earned in accordance with the following schedule:
|Employees with Employment of||Hours Accrued per Month||Max. Hrs. to Carry Forward from One Fiscal Year to Next Fiscal Year|
|0 but less than 2 years||8||180|
|2 but less than 5 years||9||244|
|5 but less than 10 years||10||268|
|10 but less than 15 years||11||292|
|15 but less than 20 years||13||340|
|20 but less than 25 years||15||388|
|25 but less than 30 years||17||436|
|30 but less than 35 years||19||484|
|35 years or more||21||532|
An employee accrues vacation leave (also referred to as annual leave) at the applicable rate, beginning on the first day of state employment and ending on the last duty day of state employment. Within this section of the policy, “duty day” means an employee’s last physical day on the job. 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.
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.
If an employee’s state employment anniversary date occurs on the first calendar day of a month, the employee begins to accrue vacation 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 been working on the first calendar day of the month for purposes of this subsection.
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 in the chart above. All hours of unused accumulated vacation leave that may not be carried forward at the end of a fiscal year under this subsection and the chart above shall be credited to the employee’s sick leave balance on the first day of the next fiscal year.
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.
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.
Gov’t Code 661.152(a)-(i)
Restoration of Vacation Leave Upon Re-Employment
An individual who is re-employed 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.
Gov’t Code 661.152(k)
Transfer of Vacation Leave Between Agencies
An employee who transfers directly from another state agency to the School is entitled to be given credit by the School 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 Texas Gov’t Code 661.062.
Gov’t Code 661.153
Service with junior colleges, regional education service centers and independent school districts does not constitute state employment.
Use of Vacation (Annual) Leave
Vacation or annual leave shall be planned and approved in advance so that the operation of the School may proceed in an orderly fashion. All twelve-month employees who have student related responsibilities should normally take vacation leave when school is not in session (including summer school). Employees whose annual term of employment is less than twelve months must take vacation leave contiguous to the last day of school. Vacation leave may be taken in increments (i.e., one-two days) during the school term at the convenience of the work schedule. In all cases, the granting of vacation leave shall be subject to prior approval by the supervisor and must be planned so as not to cause disruption of services to students, or to the orderly operation of school activities. When personal circumstances requiring use of vacation leave prevent the employee from securing prior approval in writing, the employee must contact his, or her, supervisor as soon as possible to request verbal approval.
Written approval on appropriate request forms must be secured as soon as possible thereafter and not later than on the day of returning to work.
Unauthorized Use of Vacation Leave
Any employee who violates school policy regarding use of vacation leave, or otherwise fails to secure authorized approval for leave taken may be required to take leave without pay.
Contract employees do not earn vacation leave, but shall be entitled to take paid time off from work during the term of the employment contract for personal reasons provided, however, that such paid time off may not exceed three days per contract term. Part-time contract employees will accrue paid time off leave on a proportionate basis.
Personal leave shall be requested as far in advance as possible, but no later than five working days before the date it is to be taken, provided, however, that personal leave may be taken when an emergency, or other extenuating circumstances, make such notice impossible.
School principals will determine, and announce at the beginning of each school year, any days on the school calendar for which personal leave will not be approved except for emergencies and other extenuating circumstances approved by the principal. Unused personal leave may not be carried forward from one contract term to a subsequent contract term.
See Education Code 30.024(b)(4)
SICK LEAVE ENTITLEMENT
An employee accrues sick leave beginning on the first day of State employment and ending on the last duty day of State employment. Within this section of the “duty day” means an employee’s last physical day on the job. An employee is entitled to be credited for one month’s accrual of sick leave at the rate specified in the following paragraph for each month of employment with the State beginning on the first day of employment with the State of Texas, and on the first calendar day of each succeeding month of State employment.
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. Substitutes do not earn sick leave.
Gov’t Code 661.202(k)
Educators and Other Contract Employees
For employees under contract with the School, credit for one month’s sick leave accrual will be given for each month in which at least one day of the month is included in the term of the employment contract, and for any other month in which work is performed, or paid leave is taken. Sick leave accrual will be posted to each employee’s leave record on the first day of employment with the School, and on the first day of each succeeding month of employment thereafter. Education Code 30.024(b)(3)
Each full-time contracted educator employed by TSBVI shall be given an unpaid leave of absence for temporary disability, not to exceed 180 calendar days, at any time the educator’s condition interferes with the performance of regular duties. For purposes of this policy, pregnancy and post-natal care are considered a temporary disability. An employee’s notification of need for extended absence due to the employee’s own medical condition shall be forwarded to the Superintendent as a request for temporary disability leave. TSBVI may not terminate the contract or employment of the educator while the individual is on a leave of absence for temporary disability. Education Code 21.409
An absence due to a work-related injury or illness shall be designated as FMLA leave, temporary disability leave, and/or assault leave, as applicable. Workers’ compensation is not a form of leave. The workers’ compensation law does not require the continuation of TSBVI’s contribution to health insurance.
Use of Sick Leave
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 and assist a member of his or her immediate family who is actually ill. For purposes of taking regular sick leave with pay, the following persons are considered to be members of the employee’s immediate family:
an individual who resides in the same household as the employee and who is related to the employee by kinship, marriage, or adoption; 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 a minor child of the employee, regardless of whether the child lives in the same household; and a child of whom the employee is the legal guardian by court appointment.
State Auditor’s Office Leave Interpretation No. 01-04
An employee’s use of sick leave for family members not residing in that employee’s household is strictly limited to the time necessary to provide care and assistance to a spouse, child, or parent of the employee that needs such care and assistance as a direct result of a documented medical condition.
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.
Gov’t Code 661.202(d)-(f)
Contract employees may use sick leave for qualifying events only during instructional days for which they are under contract.
State Auditor’s Office Leave Interpretation No. 97-08
Incremental Use of Sick Leave
Contract Staff: Professional contract faculty may take sick leave in increments of not less than 30 minutes.
Classified Staff: Classified staff may take sick leave in increments of not less than 15 minutes.
Proof of Illness Required
To be eligible to take accumulated sick leave without a deduction in salary during a continuous period of more than three (3) working days, an employee absent due to sickness, injury, or pregnancy and confinement shall send to the HR Department a doctor’s certificate showing the cause, or nature, of the condition, or some other written statement of the facts concerning the condition which is acceptable to the HR Department. Human Resources may require a doctor’s certificate, or other written statement of the facts for sick leave, to include a release to return to work, without a deduction in salary taken during a continuous period of three or fewer working days.
Gov’t Code 661.202(g)
Note: For new Family Leave Pool see Policy DECA.
ESTABLISHMENT OF SICK LEAVE POOL PROGRAM
The TSBVI Board of Trustees establishes the following program to create a sick leave pool to benefit TSBVI employees who suffer a catastrophic injury or illness, and authorizes the Superintendent to establish procedures necessary to administer the pool.
Gov’t Code 661.002(a), 661.002(c)
- “Catastrophic illness or injury” means a severe condition or combination of conditions affecting the mental or physical health of the employee of the employee’s immediate family that requires the services of a licensed practitioner for a prolonged period of time and that forces the employee to exhaust all leave time earned by that employee and to lose compensation from the State for the employee. Such conditions typically require prolonged hospitalization or recovery or are expected to result in disability or death. Conditions relating to pregnancy or childbirth shall be considered catastrophic if they meet the requirements of this paragraph.
- “Licensed practitioner” means a practitioner who is duly licensed and who is practicing within the scope of his/her duties
- “Immediate family” means those individuals related by kinship, adoption, marriage or foster children who are so certified by the Texas Department of Human Services who are living in the same household or if not in the same household are totally dependent upon the employee for personal care or services on a continuing basis.
- “Prolonged period of time” means an absence of at least 15 working days.
ADMINISTRATION OF THE POOL
The Director of Human Resources is appointed as the Pool Administrator with the responsibility of applying any procedures for administering the pool developed by the Superintendent. If, however, the Director of Human Resources requests the use of leave from the sick leave pool, the Superintendent shall act as the pool administrator.
Gov’t Code 661.002(b)
- All employees of TSBVI are eligible to apply to use sick leave from the sick leave pool. Gov’t Code 661.001(a)
- Employees may use pool leave for their own catastrophic illness or injury or for one in their immediate family, as defined above. Gov’t Code 661.006(a)
- Employees must exhaust all accrued leave, before they are eligible to use leave from the pool. Gov’t Code 661.004(a)
- Employees on sick leave pool for an entire month continue to accrue leave. Gov’t Code 661.007
- Employees with catastrophic illnesses or injuries are not required to contribute to the pool before they can use pool leave.
- Employees who use pool leave are not required to pay back pool leave.
CONTRIBUTING SICK LEAVE TO THE POOL
- Contributions to the pool are strictly voluntary.
- Employees may contribute one or more days of sick leave to the pool each fiscal year.
- Employees who make contributions to the pool may not stipulate that their contributions can be used only by a particular person.
- Employees will be encouraged to contribute to the pool at the time of their separation from state employment.
- Employees who contribute leave to the pool cannot get it back unless they are eligible to use it.
REQUESTING TO USE LEAVE FROM THE POOL
- Requests for pool leave will be forwarded to the Pool Administrator as prescribed by the sick leave pool procedure and will be considered by the Pool Administrator in the order that they arrive accompanied by the medical documentation specified in 2., below. Gov’t Code 661.005(a)
- Once requests reach the Pool Administrator, they must be accompanied by a written statement from the licensed practitioner who is or has been 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 to receive leave from the sick leave pool. Gov’t Code 661.005(b)
- The amount of pool leave granted for each catastrophic illness or injury will be determined by the Pool Administrator in accordance with any procedures for administering the pool developed by the Superintendent. The amount cannot exceed one-third of the balance of hours in the pool, or 90 days, whichever is less. Gov’t Code 661.006(b)
- Any unused balance of pool leave granted to an employee returns to the pool. The estate of a deceased employee is not entitled to payment for unused pool leave. Gov’t Code 661.008
After giving notice of termination of employment, employees may be required to present written doctor’s certification in order to use more than one day of sick leave.
Employees shall be required to provide proof of illness for members of their family in the same manner as for themselves when such leave extends for more than three (3) working days.
Sick Leave Requests
On returning to duty after taking sick leave, the employee shall, without delay, enter the sick leave into CAPPS and submit the doctor’s note if applicable or requested by HR. Gov’t Code 661-202(h)
Extended Sick Leave
The Superintendent may grant 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.
The School shall file a written statement with the state auditor covering the policies and procedures for an extension of leave under this section, and shall make the statement available to all agency employees.
Gov’t Code 661.202(i)(j)
An employee who is the parent of a child who is a student in a grade from pre-kindergarten through twelve may use up to eight (8) hours of sick leave each calendar year to attend parent-teacher conference sessions for that child, or children. An employee using leave under this provision shall give reasonable advance notice of his, or her, intention to use sick leave to attend a parent-teacher conference. Gov’t Code 661.206
Transfer of Sick Leave Between Agencies
An employee who transfers directly from another state agency to TSBVI is entitled to be given credit by the School for the unused balance of the employee’s accumulated sick leave if the employee’s employment with the state is uninterrupted. Gov’t Code 661.204
Restoration of Sick Leave after RIF
An employee who separates from employment with the state for a reason other than a formal reduction-in-force (RIF) is entitled to have the employee’s sick leave balance restored if: the employee is re-employed by the School within twelve months after the end of the month in which the employee separates from employment with the School; or
- the employee is re-employed by a different state agency, or institution of higher education, within twelve months after the end of the month in which the employee separates from state employment.
- The employee is re-employed by a different state agency, or institution of higher education within twelve months after the end of the month in which the employee separates from state employment.
An employee who separates from employment with the state under a formal reduction-in-force (RIF) is entitled to have the employee’s sick leave balance restored if the employee is re-employed by the State of Texas within twelve months after the end of the month in which the employee separates from State employment.
Gov’t Code 661.205
Unauthorized Use of Sick Leave
Any employee who violates school policy regarding use of sick leave, or otherwise fails to secure authorized approval for leave taken, may be required to take leave without pay. Malingering and other abuses of sick leave privileges may also constitute grounds for dismissal or disciplinary action.
A School classified employee is entitled to emergency leave for scheduled days without a deduction in salary because of a death in the employee’s immediate 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 immediate family for purposes of this section. The Superintendent delegates approval for up to three days of emergency leave due to a death in an immediate family to the applicable Director/Principal.
The Superintendent may determine that a reason, other than a reason described in the preceding paragraph, is sufficient for granting emergency leave. The Superintendent shall grant emergency leave to an employee if the employee requests the leave and the Superintendent determines that the employee has shown good cause for taking emergency leave.
The Superintendent may not grant emergency leave unless they believe in good faith that the employee being granted the emergency leave intends to return to the employee’s position with the agency on expiration of the period of emergency leave.
An employee is not required to request emergency leave if the Superintendent grants emergency leave because the School is closed due to weather conditions or in observation of a holiday.
All requests for emergency leave shall be routed to the Superintendent via the existing chain of command.
Emergency leave will be granted only for the minimum time necessary to satisfy the emergency and, normally, will not exceed three (3) working days. Up to two (2) additional days of emergency leave may be granted to an employee who must travel out of state to attend or arrange the funeral of an immediate family member.
Gov’t Code 661.902
LEAVE DURING AGENCY INVESTIGATION
The Superintendent may grant leave without a deduction in salary to a School employee who is:
- The subject of an investigation being conducted by the School or
- A victim of, or witness to, an act or event that is the subject of an investigation being conducted by the School
A School employee who is the subject of an investigation being conducted by the School is ineligible to receive leave for that reason under any other provision of Subchapter Z, Chapter 661, Government Code.
Gov’t Code 661.923
MEDICAL AND MENTAL HEALTH CARE LEAVE FOR CERTAIN VETERANS
A veteran who is eligible for health benefits under a program administered by the Veterans Health Administration of the United States Department of Veteran’s Affairs may be granted leave without a deduction in salary or loss of vacation time, sick leave, earned overtime credit, or state compensatory time to obtain medical or mental health care administered by the Veterans Health Administration of the United States Department of Veterans Affairs, including physical rehabilitation. Leave granted under this provision may not exceed fifteen (15) days each fiscal year.
The Superintendent may annually grant additional days of leave as the Superintendent determines appropriate for the employee.
Gov’t Code 661.924
OVERTIME COMPENSATION FOR EMPLOYEES SUBJECT TO FLSA
This section applies only to an employee who is subject to the overtime provisions of the Fair Labor Standards Act of 1938, 29 U.S.C., Sections 201 et. seq. (FLSA). The employee is entitled to compensation for overtime as provided by federal law and this section. To the extent that this section and federal law prescribe a different rule for the same circumstance, federal law controls without regard to whether this section, or federal law, prescribes a stricter rule.
An employee who is required to work hours in excess of 40 hours in a workweek is entitled to compensation for the excess hours either by:
- the School allowing, or requiring the employee being allowed to take compensatory time off at the rate of 1-1/2 hours for each hour of overtime; or
- at the discretion of the Superintendent, in cases in which granting compensatory time off is impractical, the employee receiving pay for the overtime at the rate equal to 1-1/2 times the employee’s regular rate of pay.
Holidays, or other paid leave taken during a workweek, are not counted as hours worked in computing the number of overtime hours under the preceding paragraph.
An employee may not accumulate overtime credit of more than 240 hours. An employee must be paid at the rate prescribed in 2., above, for the number of overtime hours the employee works that cause the employee to exceed the amount of overtime credit the employee may accumulate. In this section, “overtime credit” means the number of hours that is computed by multiplying the number of overtime hours worked by 1-1/2.
Gov’t Code 659.015(a)-(e)
When an employee does not work more than 40 hours in a workweek, but the number of hours worked, plus the number of hours of holiday, or other paid leave taken during the workweek exceeds 40 hours, the employee is entitled to compensatory time off at the rate of one hour off for each of the excess hours.
When an employee does work 40 or more hours in a workweek, and in addition, takes holiday, or other paid leave during the workweek, and the total number of hours worked still exceeds 40 after subtracting the hours compensable at 1-1/2 times the normal rate, the employee is entitled to compensatory time off at the rate of one hour off for each of the remaining hours in excess of 40. When an employee does not work more than 40 hours in a workweek, and the number of hours worked, plus the number of hours of holiday, or other paid leave taken during the week does not exceed 40 hours, the employee may not accrue compensatory time for the week under this section.
Compensatory time off to which an employee is entitled under this section must be taken during the twelve-month period following the end of the workweek in which the compensatory time was accrued, or it lapses. An employee may not be paid for that compensatory time.
Gov’t Code 659.015(f),(g)
Employees Not Subject to FLSA
Positions which are determined to be “executive,” “administrative,” “professional”, or “computer” according to FLSA guidelines are exempt from the overtime provisions of the FLSA. Such determinations shall be made on a position-by-position basis by the Superintendent and Human Resources Director in consultation with appropriate department supervisors. A list of exempt and non-exempt positions shall be maintained by Human Resources.
Efficient performance of all responsibilities of the position, plus a 40-hour workweek minimum, should govern employees in exempt positions, rather than the official working hours of the School.
Generally, compensatory time is not applicable to those positions and is never applicable to contract positions. When professional duties require extended time outside normal working hours work schedules may be altered to accommodate special circumstances. Any alteration of work schedules is subject to prior approval of the immediate supervisor. When the sum of hours worked, plus holiday or other paid leave taken by a full-time employee during a workweek exceeds 40 hours, and not otherwise, the employee may be allowed to accrue compensatory time for the number of hours that exceeds 40 hours. When the sum of hours worked, plus holiday or other paid leave taken by a part-time employee during a workweek exceeds the number of hours that the part-time employee is designated to work during the workweek, and not otherwise, the employee may be allowed to compensatory time for the number of hours that exceeds the number of hours that the employee is designated to work during the workweek. Any compensatory time that is to be reflected on the employee’s official time record may not be earned without specific, advance approval of the employee’s immediate supervisor and department head. Leave earned and approved in this manner may be taken during the 12-month period following the end of the workweek in which the leave was earned, at a rate not to exceed equivalent time.
In accordance with the provisions set forth in 29 CFR, Part 541, Section 541.118, and subject to that section’s exceptions provided below, an employee who is exempt as an executive, professional, or administrative employee under 29 U.S.C. Sec. 213(a)(1) (FLSA) is entitled to receive full salary for any week in which work is performed without regard to the days and number of hours worked. This is also subject to the general rule that an employee need not be paid for any workweek in which the employee performs no work.
Deductions may be made from the salary of an employee who is exempt as an executive, professional, administrative, or computer employee if:
- the employee is not at work for a full day, or longer, for personal reasons other than sickness, accident, jury duty, attendance as a witness at a judicial proceeding, or temporary military service;
- the employee is not at work for a full day, or longer, because of sickness, or disability, including sickness, or disability-covered by workers’ compensation benefits, and the employee’s paid sick leave, or workers’ compensation benefits have been exhausted;
- the deduction is a penalty imposed for a violation of a significant safety rule relating to prevention of serious danger in the workplace to other persons, including other employees; or
- for unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions; or
- in accordance with the special provisions applicable to executive, professional, administrative, or computer employees of public agencies set forth in 29 C.F.R., Section 541.5d, the employee is not at work for less than one day for personal reasons, or because of illness or injury, and accrued leave is not used by the employee because: (a) permission to use accrued leave was not sought, or was denied; (b) accrued leave has been exhausted; or (c) the employee chooses to use leave without pay.
In accordance with Section 541.5d, a deduction from the pay of an executive, professional, administrative, computer employee for an absence due to a furlough related to the budget does not affect the employee’s status as an employee paid on a salary basis, except for any workweek in which the furlough occurs and for which the employee’s pay is accordingly reduced.
If a deduction is made from an employee’s salary in violation of the Department of Labor regulations, the employee is entitled to reimbursement of the amount that should not have been deducted.
Employees covered by this section may not be paid for any unused compensatory time.
Gov’t Code 659.016
FLSA Nonexempt Employees
Nonexempt employees will earn State compensatory time when the total number of hours worked (if less than 40 hours) plus any paid leave or paid holidays exceeds 40 in one workweek or when the employee works on a State holiday.
FLSA Exempt Employees
At the discretion of the Superintendent, exempt employees may be granted State compensatory time when work hours in a workweek exceed 40. Work hours, for the purpose of accruing State compensatory time, consist of paid leave, holidays, and actual hours worked.
Gov’t Code Chapter 661
STATE COMPENSATORY TIME
State compensatory time is accrued by classified employees on a “straight” time basis, or one hour earned for one hour worked. Generally, employees will not be paid for any unused State compensatory time and the leave does not convert to any other type of leave.
State compensatory time must be used within 12 months of accrual. Time not used within 12 months of being earned will be lost.
If the employee submits a written request to use State compensatory time within 90 days of expiration, TSBVI will grant the request or, when business necessity requires, suggest an alternate date the employee may use the time prior to its expiration. A record of the expiration date for comp time must be readily available to the employee or written notice provided.
Working Unscheduled Hours
Employees shall not alter their regularly scheduled working hours without the prior authorization of their supervisor and shall not work in excess of their regularly scheduled working hours unless it is required by their supervisor, or unless the employee has been authorized to serve as a substitute for an absent employee.
Compensatory Time at Home
Except under circumstances specified in the General Appropriations Act, employees of the School may not accumulate State compensatory time for hours worked during any calendar week at a location other than the employee’s regular or temporarily assigned place of employment. However, for compensatory time purposes, an employee may accumulate compensatory time for hours worked during any calendar week at the employee’s personal residence if the employee obtains advance written approval from the Superintendent or designee. Gov’t Code 659.018
Use of Compensatory Time
The School shall accommodate, to the extent practicable, an employee’s request to use accrued compensatory time. Gov’t Code 659.023(b)
If an employee of the School who wishes to use accrued compensatory time that is subject to lapsing makes a written request for permission to use the accrued compensatory time to the approve in writing the employee’s request; or School not later than the 90th day before the date on which the accrued compensatory time will lapse, the School shall:
- approve in writing the employee’s request; or
- provide the employee with an alternate date on which the employee may use the compensatory time.
Gov’t Code 659.022(a)
The employee may request permission to use the accrued compensatory time within 90 days of the date on which it will lapse, and the School will attempt to reasonably accommodate the employee’s use of the accrued compensatory leave before it lapses. Gov’t Code 659.022(b)
Holiday Compensatory Time
A classified employee who is required to work on a designated national or state holiday will earn one hour of holiday compensatory time for each hour worked, up to 8 hours. Gov’t Code 661
Notification of Comp Time Policy
The School shall notify its employees annually of the state’s policy on compensatory time. Gov’t Code 659.023(a)
In addition to employee leave otherwise authorized by this policy, the Superintendent may grant administrative leave, without deduction in salary, to a classified employee as a reward for outstanding performance as documented by employee performance appraisals. The total amount of administrative leave an employee may be granted, under this section, may not exceed 32 hours during any fiscal year.
Gov’t Code 661.911
NATIONAL GUARD EMERGENCY
A School 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 receive paid emergency leave without loss of military leave (see MILITARY LEAVE FOR AUTHORIZED TRAINING, below) or annual leave. Gov’t Code 431.0825
MILITARY LEAVE DURING NATIONAL EMERGENCY
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. The employee continues to accrue state service credit for purposes of longevity pay while on such military duty, but does not accrue vacation, or sick leave, during an unpaid leave of absence. The employee may retain any accrued vacation, or sick leave, and is entitled to be credited with those balances on return to School employment from such military duty. Leave earned while in a state-paid status is credited to the employee’s balance when the employee returns to active state employment.
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 this section.
Before a School employee leaves for military service, the School 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 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 or vacation, military leave, or approved agency differential pay, to qualify for the state pay.
Gov’t Code 661.904
MILITARY LEAVE FOR AUTHORIZED TRAINING
An employee who is a member of the state military forces or a reserve component of the armed forces or a member of a state or federally authorized Urban Search and Rescue Team is entitled to a paid leave of absence from the person’s duties on a day on which the person is engaged in authorized training or duty ordered or authorized by proper authority for not more than fifteen workdays in a federal fiscal year. During a leave of absence, the person may not be subjected to loss of time, efficiency rating, or vacation time. Gov’t Code 431.005
VOLUNTEER FIREFIGHTER LEAVE
A State employee who is a volunteer firefighter or an emergency medical services volunteer is entitled to a leave of absence without deduction in salary to attend fire or medical emergency service training conducted by a state agency, or institution of higher education. Leave without a deduction in salary under this subsection may not exceed five (5) working days in a fiscal year. The Superintendent may grant leave without a deduction in salary to a volunteer firefighter or emergency medical services volunteer for the purpose of allowing the firefighter or emergency medical services volunteer to respond to emergency fire or medical situations. Gov’t Code 661.905
RED CROSS LEAVE
Any classified employee, who is a certified disaster service volunteer of the American Red Cross, or who is in training to become such a volunteer, with the authorization of the employee’s supervisor, may be granted a leave not to exceed ten days each year to participate in specialized disaster relief services for the American Red Cross, upon the request of the American Red Cross and with approval of the Governor’s office, without loss of pay, vacation time, sick leave or earned overtime, and/or state compensatory time. Gov’t Code 661.907
AMATEUR RADIO OPERATOR LEAVE
A classified 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 with the authorization of the employee’s supervisor; and with the approval of the governor. The number of TSBVI employees eligible for leave under this section is subject to a limit on the number of eligible employees statewide. The establishment and maintenance of the list of eligible employees shall be coordinated by the Division of Emergency in Governor’s Office. Gov’t Code 661.919
BLOOD, BONE MARROW, AND ORGAN DONATION LEAVE
A classified 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. The leave of absence provided by this section may not exceed five working days in a fiscal year to serve as a bone marrow donor; or 30 working days in a fiscal year to serve as an organ donor. Gov’t Code 661.91
TSBVI shall allow each employee sufficient time off, without a deduction in salary or accrued leave, to donate blood. An employee may not receive time off under this section unless the employee obtains approval from the employee’s supervisor before taking time off. 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 School shall deduct the period for which the employee was granted time off from the employee’s salary or accrued leave, whichever the employee chooses. An employee may receive time off for donating blood not more than four times in a fiscal year. Gov’t Code 661.917
ASSISTANCE DOG TRAINING
A classified employee who is a person with a disability, as defined by Section 121.002, Human Resources Code, is entitled to a paid leave of absence, without 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. The leave of absence provided by this subsection may not exceed 10 working days in a fiscal year. Gov’t Code 661.910
TSBVI shall reasonably accommodate an employee’s request to be absent from duty in order to participate in religious observances and practices, so long as it does not cause undue hardship on the conduct of School business. Such absences shall be without pay unless applicable paid leave is available. 42 U.S.C. 2000(e)(j), 2000-e-2(a); Ansonia Bd. Of Education v. Philbrook, 479 U.S. 60, (1986); Pinsker v. Joint Dist. No. 28J of Adams and Arapahoe Counties, 735 F.2d 388 (10th Cir. 1984)
Jury duty is a responsibility of citizenship, and time so spent is regarded as being present on-the-job. No deduction shall be made from the salary, or wages, of an employee who is called for jury service; including a deduction for any fee, or compensation the employee receives for the jury service.
An employee’s accumulated personal leave may not be reduced because of the employee’s service in compliance with a summons to appear as a juror. Education Code 22.006
Gov’t Code 659.005(a)
On occasion, personnel are subpoenaed to testify in a court of law, or before a Grand Jury, as a representative of, or on behalf of the TSBVI. In such instances, time so spent is regarded as being present on-the-job. If an employee is subpoenaed in an unofficial, or personal capacity, regular leave must be taken.
A School employee who appears as a witness in an official capacity in a judicial proceeding, or administrative or legislative hearing, may not accept, nor receive, a witness fee for the appearance. An employee who appears as a witness, in a capacity other than a School or state employee in a judicial proceeding, or administrative or legislative hearing to testify from personal knowledge concerning matters related to the proceeding, or hearing, is entitled to receive any customary witness fees for the appearance. An employee who appears as an expert witness in a judicial proceeding, or legislative hearing, may accept compensation for the appearance only if the person is not also compensated by the State for the person’s time in making the appearance, and may accept reimbursement for travel expenses only if the expenses are not reimbursed by the State. For purposes of this section, paid leave is not considered time compensated by the State. A State officer, or employee, may receive reimbursement for travel and a per diem, or reimbursement for expenses connected to an appearance in an official capacity as a witness in a judicial proceeding, or legislative hearing only from the state, or the judicial body, but not from both.
Gov’t Code 659.005(b)-(e) See also Labor Code 52.051(a) [TSBVI may not discharge, discipline, or penalize in any manner an employee who complies with a valid subpoena to appear in a civil, criminal, legislative or administrative proceeding.]
LEAVE WITHOUT PAY
The Superintendent may grant employees leave without pay, including a leave of absence without pay contingent on the following conditions:
- The duration of the leave may not exceed 12 months.
- 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 this policy.
- Subject to fiscal constraints, approval of the leave constitutes a guarantee of employment at the conclusion of the specified leave period.
- The Superintendent may grant exceptions to the limitations of this section if the employee is taking the leave for a reason such as to work for another state governmental entity under an interagency agreement or educational purposes.
- Except for an employee who returns to state employment from military leave without pay under this policy, a full calendar month during which an employee is on leave without pay is not counted in computing total state service for purposes related to longevity pay or to the rate of accrual of vacation leave; or continuous state service for purposes related to merit salary provisions or vacation leave.
- An employee does not accrue vacation or sick leave for a full calendar month during which the employee is on leave without pay for that entire calendar month.
- A full or partial calendar month during which an employee is on leave without pay does not constitute a break in continuity of employment.
Gov’t Code 661.909
Uniform enforcement of a reasonable absence-control rule is not retaliatory discharge. For example, a school that terminates an employee for violating a reasonable absence-control provision cannot be liable for retaliatory discharge as long as the rule is uniformly enforced.
Continental Coffee Products Co. v. Cazarez, 937 S.W.2d 444 (Tex. 1996) (workers’ compensation discrimination case); Texas Division-Tranter, Inc. v. Carrozza, 876 S.W.2d 312 (Tex. 1994) (workers’ compensation discrimination case); Swearingen v. Owens_Corning Fiberglass Corp. 968 F.2d 559 (5th Cir. 1992) (workers’ compensation discrimination case); Howell v. Standard Motor Prods., Inc., 2001 U.S. Dist LEXIS 12332 (N. D. Tex. 2001) (Family and Medical Leave Act case); Specialty Retailers v. DeMoranville, 933 S.W.2d 490 (Tex. 1996) (age discrimination case); Gonzalez v. El Paso Natural Gas Co., 40 F.E.P. Cases (BNA) 353 (Tex. App.-El Paso 1986, no pet.) (sex discrimination case)
Employees Returning from Medical Leave
If an employee has exhausted all forms of applicable leave including but not limited to FMLA, all types of sick leave, vacation leave, compensatory time, and overtime, and the employee’s medical condition prohibits the employee from returning to work at full duty, the Human Resources Director shall hold a business necessity meeting with the employee’s supervisor to determine whether there is a business necessity to fill the employee’s position and, if so, by what date the position must be filled to serve the School’s best interests and submit that recommendation to the Superintendent. If the employee is unable to return to full duty by that date, the employee’s employment shall be terminated. The Superintendent shall develop procedures to implement the provisions of this paragraph that are consistent with the general provisions immediately above. Some employees may have protected status even after the expiration of all other leave. [See Policy DAA]
Disciplinary Use of Leave Without Pay
Any employee who violates school policy regarding use of leave, or otherwise fails to secure authorized approval for leave taken, may be required to take leave without pay.
An employee who is absent from work for two or more consecutive working days without notice or approval may be considered to have voluntarily resigned from the School due to a job abandonment in accordance with TSBVI policy.
TIME AND ATTENDANCE RECORDS
The Superintendent shall require for each employee, time and attendance records, a record of the accrual and taking of vacation and sick leave; a record of the reasons an employee takes leave, if other law requires the employee to inform the School of the reason; and 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. Gov’t Code 661.908
Amended: 3/13/81, 6/29/81, 11/13/81, 5/14/82, 9/10/81, 1/14/83, 11/11/83, 10/25/85, 5/30/86, 11/12/87, 9/15/88, 3/23/89, 9/22/89, 9/27/91, 3/25/94, 9/29/95, 9/26/97, 9/25/98, 5/20/99, 8/9/99, 11/19/99, 1/31/03, 9/12/03, 9/24/04, 11/16/07, 9/26/08, 4/6/18, 8/6/21