Leave Pool

Procedures
The Human Resources Office (HR) is responsible for consistently applying this Statewide Operating Standard (SOS), HR 2.3.9 Leave Pool Administration (link referenced above), reviewing sick and family leave pools accrual and use, reporting, and establishing procedures to maintain accurate records.  This manual applies to all TSTC employees who work at least 20 hours per week and do not hold a student position, ensuring clarity and consistency in policy application.

Sick Leave Pool: Specifically designed to alleviate the financial and emotional burdens arising from catastrophic illnesses, injuries, or qualifying medical/mental issues. It provides a safety net for employees and their immediate families when they exhaust all earned leave, ensuring they can focus on recovery without worrying about lost compensation.

Family Leave Pool: Tailored to provide essential flexibility for employees facing life-changing events such as the birth or adoption of a child or the need to care for a seriously ill family member or themselves due to a pandemic-related illness or complications caused by a pandemic. It encompasses situations requiring extended time off, including those arising from pandemics or other emergencies, ensuring employees can prioritize family responsibilities without jeopardizing their employment or financial stability.

Using Sick or Family Leave Pool

Employees must contact HR to initiate the leave pool process as soon as possible. If incapacitated, a family member, manager or other designee may contact HR on their behalf. The treating provider requires appropriate medical certification documents. HR will provide forms. If all leave is exhausted during the application process, the employee will be placed on leave without pay. Employees cannot withdraw more than one-third of the pool's total time for either pool. For example - if the Pool total is 500 hours, then the total allowed to be withdrawn is 166.67 hours (20 days). If the pool hours are at zero, then no hours are available to an employee for either of the Leave Pools until more hours are donated to this pool. An employee receiving benefits from an on-the-job injury or illness is not eligible to use the Sick Leave Pool or Family Leave Pool.

• Usage of Sick Leave Pool

  • • To be eligible to receive sick leave pool hours, the employee must be a TSTC employee for at least one year in a benefits-eligible position. The employee must also be off work for 80 working cumulative hours  (10 days) in the immediate preceding six months as a result of the catastrophic injury or illness before being eligible for the sick leave pool. The time off can be accrued leave, donated sick leave, unpaid leave, or any combination of these types of leave. Leave does not have to be taken consecutively, but it must be for the same medical or mental health diagnosis. Employees must use all of their accrued leave before being eligible for sick leave pool hours.

    • When combined with accrued leave(s), donated leave, and leave pool hours, the amount of paid hours awarded to an employee will not exceed 12 weeks (480 hours or 60 days) per issue. Upon expiration of job-protected leave, exceptions may be made on a case-by-case basis and may require additional physician documentation.

    • For purposes of Sick Leave Pool, pregnancy, and postpartum care shall not be treated as catastrophic illnesses except in cases where severe illness and prolonged complications arise concerning either the mother or the child.

• Usage for Family Leave Pool

  • • The HR Generalists will determine the exact time an eligible employee may draw from the pool. Upon confirming eligibility, the administrator will approve the transfer of hours from the pool to the employee, who may use the hours similarly to earned sick leave.

    • Employees cannot draw more than one-third of the pool's total time or 90 days (720 hours) during their employment entirety with TSTC. Leave pool hours may be used alongside FMLA, unpaid parental leave, or other unpaid job-protected leave. All accrued sick or vacation leave must be exhausted before an employee will be eligible for Family Leave Pool hours. 

    • When combined with accrued leave(s), donated leave, and leave pool hours, the amount of paid hours awarded to an employee will not exceed 12 weeks (480 hours or 60 days) per issue. Upon expiration of job-protected leave, exceptions may be made on a case-by-case basis and may require additional physician documentation.

    • An employee is eligible to use time contributed to the family leave pool if the employee has exhausted his or her eligible discretionary, sick, and vacation leave because of:

      • • The birth of a child;

        • The placement of a foster child or adoption of a child under 18 years of age;

        • The placement of any person 18 years of age or older requiring guardianship;

        • The severe illness of an immediate family member of the employee, including a pandemic-related illness;

        • An extenuating circumstance created by an ongoing pandemic, including providing essential care to a family member or

        • A previous donation of time to the pool.

    • An employee may be asked to provide proof of kinship or other items to verify eligibility.

    • Eligibility Criteria for Family Leave Pool (FLP)

      • • Employees must have been with TSTC for at least six (6) months.

        • The employee must be off work for a cumulative total of 80 working hours (10 days) prior to being awarded FLP hours.

Administration of Sick or Family Leave Pool

A Pool Administrator has the following duties and responsibilities:

1. processing of requests to contribute to or withdraw from the pool and the required administrative approvals;

2. communicate and interpret pool operating guidelines to all employees;

3. design and implement a system of records maintenance for each contributing and withdrawing employee;

4. determine eligibility for withdrawing sick leave from the pool and the amount of time that may be drawn from the pool, and approve the withdrawal based on established guidelines;

5. ensure that all employees eligible for participation in the sick or family leave pool program are treated consistently and equitably according to established guidelines and without consideration of employee classification or any other legally impermissible reason;

6. return sick or family leave pool hours to employees who have exhausted all sick leave and request the return of donated hours.

Sick Leave Pool Administration

TSTC has established a sick leave pool to provide a source of additional paid sick leave for employees who have exhausted available sick, vacation, or donated sick leave as a result of a catastrophic illness or injury. Sick leave pool benefits are made available through voluntary donations of sick leave hours from current and separating employees. This regulation applies only to an employee who is eligible to participate in the sick leave pool. An employee is eligible to participate in the sick leave pool if the employee works at least 20 hours per week and does not hold a position in which being a student is a requirement for employment. 

Sick Leave Pool Donations

Employees who have not worked for the state of Texas for at least 12 months or who have worked fewer than 1,250 hours during the 12-month period preceding the needed leave qualify and have more than 80 working cumulative hours (10 days) of sick leave may donate to the pool during employment or at the time of separation. The active employee needs to retain an 80 working cumulative hours (10 days) balance of sick time in their personal leave accruals. Donations made during employment must be in one-day increments; a separating or retiring employee may designate any unused accruals for donation to the pool. 

A TSTC employee may request the return of donated hours if they re-employ with the college component in a leave-accruing position and have exhausted all available sick and vacation leave. Employees with a service break of less than 30 days must wait 30 days from their date of rehire and exhaust all available sick leave or vacation leave to have the donated hours returned to them.

The sick leave pool administrator must process requests within ten (10) working days of receiving all information necessary to make a decision.

Contribution of Time

1. To contribute sick leave time to the pool, an employee must submit a form to the employee member's sick leave pool administrator in accordance with prescribed guidelines. Sick leave pool forms may be obtained from the Human Resources office.

2. An employee may transfer to the pool one day or more of the employee's accrued sick leave. Contributions must be in one-day increments. An employee leaving system employment may designate any number of the employee’s accrued sick leave hours to be donated to the sick leave pool.

3. The sick leave pool administrator credits the sick leave pool with the amount of time contributed by that employee and deducts or directs the deduction of a corresponding amount of time from the employee's sick leave accrual as if the employee had used the time for permissible purposes.

4. All contributions are voluntary.

Eligibility for Sick Leave Pool

An employee is eligible to request and receive sick leave pool hours if the employee suffers a catastrophic illness or injury for which the employee:

• is or has been under a licensed practitioner’s care; and has been absent from work for a prolonged period, a minimum of 80 working cumulative hours (10 days) consecutively or intermittently. For part-time, benefits-eligible employees, the requirement of 80 cumulative hours (10 days) of work is proportional to their percent effort (50% effort = 40 cumulative working hours (10 days) missed work).

• Eligible sick, vacation, and/or donated time has been exhausted, and

• All other applicable TSTC procedures and regulations are followed.  

• A catastrophic illness or injury is 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.  

• If the employee’s accrued paid leave (any combination of sick or vacation leave) does not cover the 80 working cumulative hours (10 days) requirement for the respective catastrophic illness or injury. In that case, the employee is unpaid until the balance of the 80 working cumulative hours (10 days) requirement is met. Once the requirement for the respective catastrophic illness or injury is satisfied, the employee may request and receive hours from the pool.

Return of Sick Leave Pool Hours to an Employee when Rehired

An employee is also eligible to request and receive the return of hours previously donated to that sick leave pool if:

• TSTC has a record of the hours that were donated to that member’s sick leave pool;

• the employee has a current illness or injury that is not catastrophic as described above;

• the employee has exhausted accrued sick leave; and

• the employee will use the previously donated hours of accrued sick leave for absences arising from the current non-catastrophic illness or injury and

• those who have a service break of less than 30 days must wait 30 days from their rehire date to have the donated hours returned to them.

Withdrawal of Time from Sick Leave Pool

An employee who is eligible to request and receive sick leave pool hours must apply to the appropriate sick leave pool administrator for permission to withdraw time from the sick leave pool. Sick leave pool forms may be obtained from the human resources office. Upon approval, the sick leave pool administrator authorizes the transfer of the approved amount of time from the pool to that employee.

• Sick leave pool hours must be requested before the hours are needed or as soon as possible.

• If requesting to withdraw time because of a catastrophic illness or injury (See definition of what constitutes a catastrophic illness), the employee is required to furnish a statement from the licensed practitioner treating the employee or the employee’s immediate family member listing the general nature of the illness or injury, the prognosis and expected recovery date supporting the medical necessity of the leave. The TSTC HR Office will provide the employee with the approved form.

• 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 (but not parent-in-law) of the employee who needs the care and assistance as a direct result of a documented medical condition. 

• All system restrictions on permissible uses of sick leave apply to sick leave pool hours, and abuse of sick leave is subject to disciplinary action. In no case may sick leave pool hours be used when workers' compensation benefits are payable.

• The employee must use the time in the same manner as sick leave earned by the employee in the course of employment. Sick leave pool time may be used for continuous absences or intermittent or part-time absences if all other requirements of this regulation are met.

• An employee must first use any sick or vacation leave the employee accrues while on sick leave pool leave if the employee is eligible to use such sick or vacation leave. For example, if an employee is on leave (in the case of sick leave) or paid leave (in the case of vacation leave) on the first workday of a month, the employee is not eligible to use sick or vacation leave accrued that month until the employee returns to work. If an employee does not use all sick leave pool hours, the unused time will be returned to the pool.

• For each illness or injury approved for sick leave pool time under the sick leave pool, the administrator may authorize the transfer of up to one-third of the total amount of time in the pool or a maximum of 90 working days, whichever is less. Employees cannot draw more than one-third of the pool's total time. 

  • • For example - if the Pool total is 500.00 hours, the total allowed to be withdrawn is 166.67 hours (20 days).  

    • If the pool hours are at zero, then an employee cannot use the Sick Leave Pool until more hours are donated to it.

• The granting of sick leave from the pool cannot alter or otherwise change the terms and expected duration of the employee's appointment, if any, or other conditions and rules related to employment.

• When an employee transfers to another state agency, sick leave time donated to the pool may not be transferred to the new agency.

• If the employee’s request for time off from the SLP is to care for someone other than the employee, the employee may be required to submit proof that they are the other person’s legally married spouse, parent, or guardian.

• If the other person is listed as a dependent on the employee’s TSTC/ERS insurance, no additional action documentation is required.

Equal Treatment for Sick Leave Pool

• An employee absent on sick leave through the sick leave pool will be treated for all purposes as if the employee were absent on earned sick leave.

• All eligible employees will have equal access to the pool. Decisions to allocate pool resources to eligible employees will be equitable, consistent, and without regard to employee classification or any other legally impermissible reason.

Family Leave Pool Administration

Pursuant to Section 661, Sub-Chapter A-1 of the Texas Government Code, the Family Leave Pool (FLP) was established to provide employees more flexibility in:

• bonding with or caring for children during the child’s first year following birth, adoption, or foster placement; and

• caring for a seriously ill family member or themselves due to a pandemic-related illness or complications caused by a pandemic.

The employee is responsible for contacting HR to begin the leave pool process as soon as reasonably possible. Should the employee be incapacitated, a family member, the employee’s manager or other designee may contact HR. The employee or designee will be given the appropriate medical certification documents for the treating provider to complete. Should the employee exhaust all leave during the application process, the employee will be placed on leave without pay.

Benefit-eligible employees must apply through the HR Generalists and appropriate supervisory channels to draw hours from the family leave pool. The pool administrator will approve eligible requests by completing the Request for Withdrawal of Leave Pool Hours form. Leave pool hours are granted on a first-come, first-served basis.

Donation of Time to Family Leave Pool

When completing the FLP Donation form, you will be asked whether you would like to donate your time on either a taxable or non-taxable basis.  Taxable donations will be used for employees whose need for time off is not considered a “medical emergency” by the Internal Revenue Service (i.e., bonding with a new child, minor illnesses, etc.).  Non-taxable donations will be used for employees whose need for time off is considered a “medical emergency” by the Internal Revenue Service (i.e., serious accidents or illnesses that result in extended unpaid time off) but is not eligible for an award of time from the Sick Leave Pool.  

If you choose to donate time on a taxable basis, you will be taxed on the entirety of your donation.  The hours donated will be multiplied by your hourly rate of pay and added to a future paycheck as taxable income, thereby increasing the taxable gross amount. 

Administration information is below in the Donation Program for Sick Time section.

Requesting Time for Family Leave Pool

The employee must have utilized all of their accrued paid time off, and if additional leave is needed, it would otherwise result in unpaid time off. You may request time off through the FLP for:

• the birth of a child,

• the placement of a foster child or adoption of a child under 18 years of age,

• the placement of any person 18 years of age or older requiring guardianship,

• an extenuating circumstance created by an ongoing pandemic including providing essential care to a family member, or

• a previous donation of time to the pool.

To request time from the FLP, reach out to HR.  

Requests for time off from the FLP will be processed in the order in which they are received, and you, your supervisor, and your HR Business Partner will be notified once your award has been approved or denied. If you have not yet exhausted your available accruals, your request for FLP will not be approved.  

To ensure that as many employees as possible may benefit from the FLP, the college reserves the right to determine the amount of time awarded and to limit those awards based on the pool’s available balance. 

The exact amount of time an eligible employee may draw from the pool shall be determined through collaboration between the HR Generalists, Business Partners, and the Pool Administrator. Upon determining eligibility, the Pool Administrator will approve the transfer of hours from the pool to the employee. These hours can be used in the same manner as sick leave earned during employment at TSTC.

Eligibility for Family Leave Pool

• Employees must have been with TSTC for at least six (6) months.

  • • If any employee has been employed for less than six (6) months, and requests maternity or paternity leave, the employee is entitled to no more than one half of the amount a fully eligible employee would have received, or 3 weeks for maternity leave and 1 week for paternity leave.

• Employees should have been off work for a cumulative total of 80 working hours (10 days) for the medical event prior to being approved for additional leave. This leave can consist of the employee’s accrued sick leave, vacation leave, unpaid leave, and donor sick leave. The 80-hour waiting period or 6 months of employment may be waived if the employee is out for a pandemic-related illness that has been verified with the treating physician.

• FLP hours will not be awarded for days off prior to the birth of a child.

Awarding of Time for FLP Hours (if eligible)

For Birthing Parent

• The amount of Family Leave Pool (FLP) hours granted to a birthing parent corresponds to the duration specified on their Fitness for Duty form provided by a doctor.

• If the Fitness for Duty form indicates the birthing parent needs to be on leave for a specified period (e.g., 6 weeks (240 hours) for maternity leave), TSTC will grant FLP hours equivalent to this duration as long as a total of combined hours, including sick and vacation, does not exceed the 12 weeks or 480 hours/60 days.

  • • Example 1: If the Fitness for Duty form indicates 6 weeks (240 hours) of maternity leave, and the birthing parent has already used 4 weeks (160 hours) of their own leave (vacation and/or sick) plus 1 week (40 hours) of donated leave, TSTC will grant an additional 6 weeks (240 hours) of FLP. This totals 11 weeks (440 hours) of paid time off. If the employee wishes to take the full 12 weeks (480 hours/60 days) allowed by law for maternity leave, the last week would be unpaid.

    • Example 2:  In cases where an employee's personal leave accrual matches the duration specified on their Fitness for Duty form for a total of 12 weeks (480 hours/60 days), no Family Leave Pool (FLP) hours will be granted. This policy ensures that FLP hours are reserved for situations where an employee's personal leave resources are insufficient to cover their leave needs.

    • Example 3:  If the Fitness for Duty form indicates 8 weeks (320 hours) of maternity leave, and the birthing parent has already used 2 weeks (80 hours) of their personal leave (vacation and/or sick) and 0 weeks of donated leave, TSTC will grant 8 weeks (320 hours) of FLP. This totals 10 weeks (400 hours) of paid time off. If the employee wishes to take the full 12 weeks (480 hours/60 days) allowed by law for maternity leave, then the remaining 2 weeks (80 hours) would be unpaid.

    • Example 4: If the Fitness for Duty form indicates 6 weeks (240 Hours) of maternity leave, and the birthing parent has 1 week (40 hours) of accrued leave. The employee has not met the 80-hours (2 weeks) waiting period and the second week of leave will be unpaid. TSTC will grant an additional 6 weeks (240 hours) of FLP after the 2-week (80 hours) waiting period, resulting in 7 weeks (280 hours) of pay for the 8-week time period. 

• The total amount of paid time off (including personal leave, donated leave, and FLP hours) cannot exceed 12 weeks or 480 hours/60 days, whichever is applicable.

For Non-Birthing Parent

• • • Non-birthing parents can receive up to 2 additional weeks (80 hours) of FLP hours beyond their personal accrued leave and/or donated leave.

    • This means if a non-birthing parent has exhausted their personal accrued leave and donated leave, they can receive up to 2 weeks (80 hours) of additional FLP hours for family-related leave purposes.

For Adoption

• • • Employees adopting a child under the age of 3 can take a maximum of 12 weeks (480 hours/60 days) of leave.

    • TSTC will grant up to 6 weeks (240 hours) of FLP hours for adoption for bonding purposes. The employee must use all of their accrued sick and vacation leave prior to being awarded FLP hours.

    • These 6 weeks (240 hours) of FLP hours can be used in addition to any personal accrued leave and donated leave taken by the employee during their adoption leave period.

    • The total combined leave (personal leave, donated leave, and FLP hours) cannot exceed 12 weeks or 480 hours/60 days.

Leave Utilization Priority

• When utilizing leave, employees must use accrued sick and vacation leave first.

• Family Leave Pool (FLP) hours are utilized after the employee has exhausted other types of leave.

• Donated sick leave can be used if available.

Approval and Documentation

• Access to the Family Leave Pool requires approval from designated pool administrators.

• Documentation from a licensed practitioner may be necessary, especially for leave related to the birth of a child or pandemic-related illnesses.

• Documentation from the courts may be necessary for adoption purposes.

• Employees must ensure they meet eligibility criteria, such as tenure and cumulative hours off work, to qualify for FLP hours.

Texas State Technical College is committed to providing a work environment that adheres to federal and state laws; therefore, the following procedures must be observed:

• Benefit-eligible employees must apply to the pool administrator for permission to draw hours from the sick leave pool or family leave pool through appropriate supervisory channels. Upon determination that the employee is eligible, the pool administrator shall approve the transfer of hours from the pool to the employee by completing the Request for Withdrawal of Leave Pool Hours form. Leave pool hours will be granted on a first-come, first-served basis.

  • • Employees requesting sick leave pool or family leave pool hours because of a previous donation of time to the pool are eligible to receive only those hours contributed during that fiscal year. The pool administrator shall approve the transfer of sick leave pool or family leave pool hours to an eligible employee, who may use the hours in the same manner as sick leave earned by the employee in the course of employment.

• Sick leave and vacation leave hours earned each month during which an employee uses hours granted from the sick leave pool or family leave pool shall be charged to the employee before additional leave pool hours are used if the employee worked for any time during the month. Any unused balance of leave pool hours granted to an employee must be returned to the appropriate leave pool.

• Employees who use leave pool leave hours are not required to pay back withdrawn hours.

• Employees using leave pool hours for a full calendar month accrue annual and sick leave for that month. However, the employee is not able to use the accrued hours until returning to work. If an employee does not return to work after spending time in the sick leave pool or family leave pool, the leave accrued while on any leave pool will be forfeited.

The amount awarded to an employee will not exceed 12 weeks (480 hours or 60 days) when combined with accrued leave(s), unpaid parental leave, donated leave, and family leave pool.

• Order of Priority of Leave usage:

  • • 1st - Accrued Sick Leave (if any)

    • 2nd - Accrued Vacation Leave (If any)

    • 3rd - Sick Leave Pool Hours (if eligible) 

    • 4th - Family Leave Pool Hours (if eligible)

    • 5th - Donated Sick Leave (if any) 

Texas State Technical College “TSTC” is committed to compliance with federal and state laws thus the following procedures must be observed:

The maximum combined leave granted, including accrued leave(s), family leave pool, and donated leave is 12 weeks (480 hours or 60 days).

Equal Treatment for Family Leave Pool

• An employee absent on sick leave through the family leave pool will be treated for all purposes as if the employee were absent on earned sick leave.

• All eligible employees will have equal access to the pool. Decisions to allocate pool resources to eligible employees will be equitable, consistent, and without regard to employee classification or any other legally impermissible reason.

No Estate Entitlement for Family Leave Pool Hours

The estate of a deceased employee is not entitled to payment for unused sick leave acquired by that employee from the family leave pool or previously donated to the pool.

Parental Leave

Texas Government Code, Section 661.913

Texas State Technical College (TSTC) employees on maternity or paternity leave are, if eligible, entitled to job protection under the provisions of the Family and Medical Leave Act (FMLA). FMLA is unpaid.  

Employees who have not worked for the state of Texas for at least 12 months or who have worked fewer than 1,250 hours during the 12-month period preceding the needed leave qualify for maternal/paternal leave under the state's Parental Leave Act (PLA). Maternal/paternal leave under the FMLA and PLA includes the natural birth of a child and the placement of a child for adoption or state-certified foster care.

Parental Leave Act (PLA)

• Employees who do not qualify for family and medical leave are eligible for an unpaid parental leave of absence not to exceed 12 weeks (480 hours or 60 days) for the birth of a child or the adoption or foster care placement of a child under the age of 3.

• An employee does not meet the eligibility requirements for family and medical leave (and thus is eligible for unpaid parental leave) if:

  • • The employee has worked for the State for less than 12 months or

    • The employee has worked fewer than 1,250 hours during the 12-month period preceding the leave.

While taking unpaid parental leave, the employee must first use all available and applicable paid vacation, sick leave, and donated leave; the remainder of the leave is unpaid. Unpaid parental leave is limited to and begins on the date of the birth of the employee’s natural child or the adoption by or foster care placement with the employee of a child younger than three years of age.

Donation Program of Accrued Sick Time

Employees at TSTC have the option to donate sick time to another eligible employee who has depleted their own leave balance. You may donate sick time to a fellow employee if they have exhausted their own sick time balance, including any time they may have withdrawn from the Sick Leave Pool (SLP) or Family Leave Pool (FLP). The recipient can utilize the donated sick time for permissible uses of Sick Leave, and FMLA will run concurrently with donated sick time off, as applicable.

• A donor may choose whether to make their donation based on taxability. If the donor chooses to donate "only if tax-exempt," their donation will only be processed if the recipient's need meets the requirements for tax-exempt donation. If the donor chooses to donate "regardless of whether the donation is tax-exempt," then the donor's full donation will be processed, and they will be taxed on any portion of the donation that does not qualify for tax exemption, including hours donated in excess of the recipient's need.  Hours deemed taxable are multiplied by the donor's hourly wage and added to a future paycheck as taxable income. Please contact Payroll Services for more information on how taxes are calculated.

• Donated sick time off may be tax exempt if the recipient is the donor's legally married spouse or if the need for sick time off qualifies as a medical emergency pursuant to IRS guidelines and the recipient has exhausted all their paid time off. The medical emergency determination will not be known until Leave Management assesses the recipient's need. An employee may not provide or receive remuneration or a gift in exchange for donated sick time off.

• Unlike accrued sick time off, donated sick time off is not eligible for transfer to another state agency or for payment to an estate upon the death of the recipient.

• To donate sick time off to an individual, submit a completed Sick Time Off Donation to an Individual - Donor.

• Leave Management will notify the employee if the employee is the intended recipient of donated sick time off from an individual. The use of donated sick time off will be assessed to determine the tax status to the donor and whether the circumstance(s) may qualify for SLP, FMLA, and/or other time off or leave options.

Catastrophic Illness or Injury: A severe physical or mental condition or combination of conditions affecting the mental or physical health of the employee or a member of the employee’s immediate family that requires treatment by a licensed practitioner for a prolonged period and that forces the employee to exhaust all leave time earned. A severe condition or combination of conditions is:

• a medically verified, life-threatening injury or illness; 

• or a medically verified, debilitating injury or illness of an extreme magnitude. 

For the purposes of the Sick Leave Pool, pregnancy and elective surgery are not considered catastrophic conditions except when life-threatening complications arise from them. An illness or injury is deemed to be catastrophic if one or more of the following apply:

• Result in death if not treated promptly

• Result in the loss of an arm, leg, or major appendage if not treated promptly

• Result in the permanent inability to self-ambulate if not treated promptly

• Result in the loss or significant limitation of the sense of touch, hearing, or sight

• Mental or behavioral health condition causes the patient to be incapable of self-care

• Declared a danger to him or herself or others

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 forces the employee to miss at least 80 working cumulative hours (10 days) of scheduled work (see defined 80-working-hour waiting period below). Also available for severe illness or complications due to pregnancy or childbirth, meeting the 80-working-hour threshold.

HR (Human Resources) Office: The HR Generalists and Business Partners are part of the department responsible for managing employee relations, benefits, and leave policies and ensuring consistent application of the SOS, HR 2.3.9 Leave Pool Administration. 

Sick Leave Pool:  A collective pool of donated sick leave hours designed to support employees facing catastrophic illnesses, injuries, or severe medical/mental health conditions after exhausting their accrued leave.

Family Leave Pool: A pool of donated leave hours to support employees during life-changing events such as childbirth, adoption, or caring for a seriously ill family member or themselves due to a pandemic-related illness or complications caused by a pandemic, ensuring financial stability and job security.

Accrued Leave: The total amount of leave time (sick, vacation, etc.) accumulated by an employee that has not been used, based on their service duration and company policy.

Donated Leave: This is leave time voluntarily given by employees to the sick or family leave pools for use by other employees in need.

Paid Parental Leave:  According to the Texas Human Resources Management Statutes Inventory, the policy on Paid Parental Leave states that employees of state agencies, as defined by Texas Government Code, Section 661.9125(1), are entitled to paid parental leave if they qualify under the Family and Medical Leave Act. However, per the Education Code 61.003, TSTC employees are not eligible for Paid Parental Leave. Referenced policies:  Education Code 61.003 and Texas State Auditor's Office - Texas Human Resources Management Statutes Inventory

FMLA (Family and Medical Leave Act): A U.S. federal law that entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons, with continuation of group health insurance coverage. Employees who have worked at least 1,250 hours in the 12 months preceding the leave.

Leave Without Pay (LWOP): A period during which an employee is permitted to be absent from work without receiving a salary, often used when all other forms of paid leave are exhausted.

Eligible Employee: Benefits-eligible employees who work at least twenty (20) hours per week and are not employed in a position for which the employee is required to be a student as a condition of employment are entitled to leave pools without a deduction in salary for the following:

Sick Leave Pool

• When catastrophic illness, injury, or confinement prevents an employee from performing his or her job or

• When the employee needs to care for and assist a member of the employee’s immediate family who is sick due to a catastrophic illness or injury

Family Leave Pool

• When illness, injury, or pregnancy and confinement prevent an employee from performing his or her job,

• When the employee needs to care for and assist a member of the employee’s immediate family who is sick due to an illness or injury.

80-hour Waiting Period:  A requirement stipulating that a full-time employee may not access the pool until s/he has missed 80 working cumulative hours (10 days) of work (for a 50% effort employee, 40 working cumulative hours (10 days) of missed work are still required) due to any one medical condition. The employee may use available paid leave throughout the 80/40-hour waiting period; missed hours do not need to be consecutive.

Immediate Family Member: Immediate family includes the following:

• an individual who is related to the employee by kinship, adoption, or marriage and who resides in the employee’s household;

• a foster child who is under the conservatorship of the Department of Family and Protective Services, who is in the employee’s care, and who resides in the employee’s household;

• a minor child of the employee, regardless of whether the child and employee reside in the same household and

• an individual who is the employee’s spouse, child, or parent and who requires care and assistance for a documented medical condition but does not reside in the employee’s household.

Licensed Practitioner: A practitioner, as defined by the Texas Insurance Code, who is practicing within the scope of his/her license.

Pool Administrator:  Executive Head of the Agency or their designee for Leave Pool and "Executive Director" or his or her designee for leave.