87R19595 YDB-D
 
  By: Ordaz Perez, Howard, Shaheen, Lucio III, H.B. No. 2063
      Patterson, et al.
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the establishment of a state employee family leave
  pool.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 661, Government Code, is amended by
  adding Subchapter A-1 to read as follows:
  SUBCHAPTER A-1. STATE EMPLOYEE FAMILY LEAVE POOL
         Sec. 661.021.  PURPOSE. The purpose of the state employee
  family leave program is to:
               (1)  provide eligible state employees more flexibility
  in:
                     (A)  bonding with and caring for children during a
  child's first year following birth, adoption, or foster placement;
  and
                     (B)  caring for a seriously ill family member or
  the employee, including pandemic-related illnesses or
  complications caused by a pandemic; and
               (2)  allow employees to apply for leave time under the
  family leave pool.
         Sec. 661.022.  GUIDELINES. (a) The governing body of a
  state agency shall, through the establishment of a program, allow
  an agency employee to voluntarily transfer sick or vacation leave
  earned by the employee to a family leave pool.
         (b)  The executive head of the state agency or another
  individual appointed by the governing body shall administer the
  family leave pool.
         (c)  The governing body of the state agency shall adopt rules
  and prescribe procedures relating to the operation of the agency
  family leave pool.
         Sec. 661.023.  CONTRIBUTION TO FAMILY LEAVE POOL. (a) A
  state employee may contribute to the family leave pool one or more
  days of the employee's accrued sick or vacation leave.
         (b)  The pool administrator shall credit the family leave
  pool with the amount of time contributed by a state employee and
  deduct a corresponding amount of time from the employee's earned
  sick or vacation leave as if the employee had used the time for
  personal purposes.
         (c)  A retiring state employee may designate the number of
  the retiring employee's accrued sick or vacation leave hours to be
  used for retirement credit and the number of the retiring
  employee's accrued sick or vacation leave hours to be donated on
  retirement to the sick or family leave pool.
         Sec. 661.024.  USE OF TIME IN POOL. (a) A state employee is
  eligible to use time contributed to the family leave pool of the
  state agency that employs the employee if the employee has
  exhausted the employee's eligible compensatory, discretionary,
  sick, and vacation leave because of:
               (1)  the birth of a child;
               (2)  the placement of a foster child or adoption of a
  child under 18 years of age;
               (3)  the placement of any person 18 years of age or
  older requiring guardianship;
               (4)  a serious illness to an immediate family member or
  the employee, including a pandemic-related illness;
               (5)  an extenuating circumstance created by an ongoing
  pandemic, including providing essential care to a family member; or
               (6)  a previous donation of time to the pool.
         (b)  A state employee who applies to use time under
  Subsection (a) to care for another person must submit and be listed
  on the other person's birth certificate, birth facts, or adoption
  or foster paperwork for a child under 18 years of age, including
  being listed as the mother, father, adoptive parent, foster parent,
  or partner of the child's mother, adoptive parent, or foster
  parent, or provide documentation that the employee is the guardian
  of a person who is 18 years of age or older and requiring
  guardianship.
         Sec. 661.025.  WITHDRAWAL OF TIME FROM POOL. (a) A state
  employee may apply to the pool administrator for permission to
  withdraw time from the family leave pool.
         (b)  If the state employee is seeking permission to withdraw
  time because of a serious illness, including a pandemic-related
  illness, of an immediate family member or the employee and does not
  qualify for or has exhausted time available in the sick leave pool,
  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.
         (c)  If the state employee is seeking permission to withdraw
  time because of an extenuating circumstance created by an ongoing
  pandemic, including providing essential care to a family member,
  the employee must provide any applicable documentation, including
  an essential caregiver designation, proof of closure of a school or
  daycare, or other appropriate documentation.
         (d)  If the pool administrator determines the state 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.
         Sec. 661.026.  LIMITATION ON WITHDRAWALS. (a) A state
  employee may not withdraw time from the family leave pool in an
  amount that exceeds the lesser of:
               (1)  one-third of the total time in the pool; or
               (2)  90 days.
         (b)  Subject to Subsection (a), the pool administrator shall
  determine the amount of time that an employee may withdraw from the
  pool. 
         Sec. 661.027.  EQUAL TREATMENT. A state employee absent
  while using time withdrawn from the family leave pool may use the
  time as sick leave earned by the employee. The employee shall be
  treated for all purposes as if the employee is absent on earned sick
  leave.
         Sec. 661.028.  NO ENTITLEMENT TO ESTATE. The estate of a
  deceased state employee is not entitled to payment for unused time
  withdrawn by the employee from the family leave pool.
         SECTION 2.  This Act takes effect September 1, 2021.