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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of a state employee family leave |
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pool. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 661, Government Code, is amended by |
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adding Subchapter A-1 to read as follows: |
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SUBCHAPTER A-1. STATE EMPLOYEE FAMILY LEAVE POOL |
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Sec. 661.021. PURPOSE. The purpose of the state employee |
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family leave program is to: |
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(1) provide eligible state employees more flexibility |
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in: |
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(A) bonding with and caring for children during a |
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child's first year following birth, adoption, or foster placement; |
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and |
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(B) caring for a seriously ill family member or |
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the employee, including pandemic-related illnesses or |
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complications caused by a pandemic; and |
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(2) allow employees to apply for leave time under the |
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family leave pool. |
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Sec. 661.022. GUIDELINES. (a) The governing body of a |
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state agency shall, through the establishment of a program, allow |
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an agency employee to voluntarily transfer sick or vacation leave |
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earned by the employee to a family leave pool. |
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(b) The executive director of the state agency or another |
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individual appointed by the governing body shall administer the |
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family leave pool. |
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(c) The governing body of the state agency shall adopt rules |
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and prescribe procedures relating to the operation of the agency |
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family leave pool. |
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Sec. 661.023. CONTRIBUTION TO FAMILY LEAVE POOL. (a) A |
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state employee may contribute to the family leave pool one or more |
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days of the employee's accrued sick or vacation leave. |
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(b) The pool administrator shall credit the family leave |
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pool with the amount of time contributed by a state employee and |
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deduct a corresponding amount of time from the employee's earned |
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sick or vacation leave as if the employee had used the time for |
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personal purposes. |
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(c) A retiring state employee may designate the number of |
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the retiring employee's accrued sick or vacation leave hours to be |
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used for retirement credit and the number of the retiring |
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employee's accrued sick or vacation leave hours to be donated on |
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retirement to the sick or family leave pool. |
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Sec. 661.024. USE OF TIME IN POOL. (a) A state employee is |
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eligible to use time contributed to the family leave pool of the |
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state agency that employs the employee if the employee has |
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exhausted the employee's compensatory, discretionary, sick, and |
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vacation leave because of: |
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(1) the birth of a child; |
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(2) the placement of a foster child or adoption of a |
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child under 18 years of age; |
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(3) the placement of any person 18 years of age or |
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older requiring guardianship; |
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(4) a serious illness to an immediate family member or |
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the employee, including a pandemic-related illness; |
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(5) an extenuating circumstance created by an ongoing |
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pandemic, including providing essential care to a family member; or |
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(6) a previous donation of time to the pool. |
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(b) A state employee who applies to use time under |
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Subsection (a) to care for another person must submit and be listed |
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on the other person's birth certificate, birth facts, or adoption |
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or foster paperwork for a child under 18 years of age, including |
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being listed as the mother, father, adoptive parent, foster parent, |
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or partner of the child's mother, adoptive parent, or foster |
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parent, or provide documentation that the employee is the guardian |
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of a person who is 18 years of age or older and requiring |
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guardianship. |
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Sec. 661.025. WITHDRAWAL OF TIME FROM POOL. (a) A state |
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employee may apply to the pool administrator for permission to |
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withdraw time from the family leave pool. |
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(b) If the state employee is seeking permission to withdraw |
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time because of a serious illness, including a pandemic-related |
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illness, of an immediate family member or the employee and does not |
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qualify for or has exhausted time available in the sick leave pool, |
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the employee must provide the pool administrator with a written |
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statement from the licensed practitioner who is treating the |
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employee or the employee's immediate family member. |
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(c) If the state employee is seeking permission to withdraw |
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time because of an extenuating circumstance created by an ongoing |
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pandemic, including providing essential care to a family member, |
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the employee must provide any applicable documentation, including |
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an essential caregiver designation, proof of closure of a school or |
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daycare, or other appropriate documentation. |
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(d) If the pool administrator determines the state employee |
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is eligible, the administrator shall: |
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(1) approve the transfer of time from the pool to the |
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employee; and |
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(2) credit the time to the employee. |
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Sec. 661.026. LIMITATION ON WITHDRAWALS. (a) A state |
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employee may not withdraw time from the family leave pool in an |
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amount that exceeds the lesser of: |
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(1) one-third of the total time in the pool; or |
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(2) 90 days. |
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(b) Subject to Subsection (a), the pool administrator shall |
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determine the amount of time that an employee may withdraw from the |
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pool. |
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Sec. 661.027. EQUAL TREATMENT. A state employee absent |
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while using time withdrawn from the family leave pool may use the |
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time as sick leave earned by the employee. The employee shall be |
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treated for all purposes as if the employee is absent on earned sick |
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leave. |
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Sec. 661.028. NO ENTITLEMENT TO ESTATE. The estate of a |
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deceased state employee is not entitled to payment for unused time |
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withdrawn by the employee from the family leave pool. |
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SECTION 2. This Act takes effect September 1, 2021. |