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Adopted: 5/31/90
Amended: 9/27/91, 3/25/94, 11/17/95, 9/26/97, 8/9/99

ESTABLISHMENT OF PROGRAM

The TSBVI Board of Trustees establishes the following procedures for the creation and operation of 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.

Government Code 661.002(a), 661.002(c)

DEFINITIONS

1. "Catastrophic illness, or injury" means a severe condition, or combination of conditions, affecting the mental, or physical, health of the employee or 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.

2. "Licensed practitioner" means a practitioner who is duly licensed and who is practicing within the scope of his/her license.

3. "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.

4. 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.

Government Code 661.002(b)

GENERAL PROVISIONS:

  1. All employees of TSBVI are eligible to apply to use sick leave from the sick leave pool. Government Code 661.001(a)
  2. Employees may use pool leave for their own catastrophic illness, or injury, or for one in their immediate family, as defined above. Government Code 661.006(a)
  3. Employees must exhaust all accrued leave before they are eligible to use leave from the pool. Government Code 661.004(a)
  4. Employees on pool sick leave for an entire month continue to accrue leave. Government Code 661.007
  5. Employees with catastrophic illnesses, or injuries, are not required to contribute to the pool before they can use pool leave.
  6. Employees who use pool leave are not required to pay back pool leave.

CONTRIBUTING SICK LEAVE TO THE POOL:

  1. Contributions to the pool are strictly voluntary.
  2. Employees may contribute one, or more, days of sick leave to the pool each fiscal year.
  3. Employees who make contributions to the pool may not stipulate that their contributions can be used only by a particular person.
  4. Employees will be encouraged to contribute to the pool at the time of their separation from state employment.
  5. 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

  1. 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. Government Code 661.005(a)
  2. 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. Government Code 661.005(b)
  3. 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. Government Code 661.006(b)
  4. 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. Government Code 661.008

Adopted: 5/31/90
Amended: 9/27/91, 3/25/94, 11/17/95, 9/26/97, 8/9/99