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BILL ANALYSIS

 

 

Senate Research Center                                                                                                        S.B. 996

79R8546 SLO-D                                                                                                              By: Averitt

                                                                                                                                            Education

                                                                                                                                            3/28/2005

                                                                                                                                              As Filed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

Most school employees have more than one type of leave available to them as a result of the state minimum sick leave program that existed prior to September 1, 1995, the state minimum personal leave program that has existed since September 1, 1995, and leave granted in addition to the state minimum program in local district policy.

 

Depending upon the employee's circumstances and plans, using one type of leave before using a different type of leave may be more advantageous.  Allowing the employee, rather the local school district, to make this determination maximizes the value of the leave benefit to the employee.

 

As proposed, S.B. 996 permits the employee to determine which type of leave to use first, so long as the leave designated is available for the purpose of leave.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1.  Amends Section 22.003, Education Code, by amending Subsection (a) and adding Subsection (f), as follows:

 

 (a)  Includes the order in which an employee may use the state minimum personal leave and any additional personal leave provided by the school district as items prohibited from being restricted by a policy governing an employee's use of personal leave granted under this subsection and adopted by the board of trustees of a school district.

 

(f)  Entitles a public school employee who retains any sick leave accumulated under former Section 13.904(a), as that section existed on January 1, 1995, to use the sick leave provided under that section or the personal leave provided under Subsection (a) in any order to the extent that the leave the employee uses is appropriate to the purpose of the leave.

 

SECTION 2.  Makes application of this Act prospective to the 2005-2006 school year.

 

SECTION 3.  Effective date: upon passage or September 1, 2005.