Leave Types

Procedures

The Human Resources Office (HR) is responsible for ensuring consistent application of this Statewide Operating Standard, performing the necessary review of leave accrual and use, reporting, and establishing procedures to maintain accurate records.

Employees with prior State service must be identified by the HR Generalist and will be credited with verified service toward the rate of accrual of vacation time.

Employee Entitlement to a Paid Day Off

TSTC employees are entitled to a paid day off from work for each national and selected state holiday if the holiday does not fall on a Saturday or Sunday, and the General Appropriations Act does not prohibit state agencies from observing the holiday. Each fiscal year, the TSTC Board of Regents approves the holiday schedule for the College; however, the number of holidays to be observed may not exceed the number of holidays on which an employee of a state agency is entitled by law to a day off (Texas Government Code, Section 662.011 (a) (b)).

An employee of TSTC is eligible to take paid holiday leave only if the employee:

• is scheduled to work at least 20 hours per week for a period of at least four and one-half months, and

• is not employed in a position for which the employee is required to be a student as a condition of the employment.

To be paid for a holiday that falls on a day other than the first or last workday of the month, the employee must be a state employee on the day before and the day after the holiday. For the purposes of determining holiday pay, a state employee includes someone who is using paid leave from a state agency. It does not include an individual who is taking leave without pay.

The College will make reasonable accommodations to permit employees to observe major religious holidays, i.e., Rosh Hashanah, Yom Kippur, Good Friday, and Cesar Chavez Day in lieu of any state holiday on which the College is required to be open and staff to conduct public business.

Overtime Pay

A non-exempt TSTC employee is eligible for overtime pay when they work more than the standard workweek. The standard workweek is typically 40 hours per week. Overtime pay will be calculated at a rate of one and a half (1.5) times the employee’s regular hourly wage for each hour worked beyond the standard workweek. Overtime is calculated on a weekly basis, and any hours worked beyond 40 hours in a workweek are eligible for overtime pay. Non-exempt employees earn FLSA overtime whenever the hours they actually work in a workweek exceed 40. FLSA can only be earned for hours worked. Paid leave—such as vacation and paid sick leave—and holidays do not count when determining FLSA overtime hours. This is not a pro-ratable number of hours; part-time non-exempt employees must work over 40 hours in a workweek before they are paid overtime.  

Compensatory Time

State compensatory time (state comp time) does not apply to TSTC.  Our policy is to pay out an employee as Overtime Pay if their time exceeds 40 hours.

Beginning Work after a Holiday; Ending Work before a Holiday

An employee who begins work for TSTC on the first workday of a month is entitled to be paid for a scheduled holiday that occurs before the first workday if the holiday occurs during the month, and does not fall on a Saturday or Sunday.  An employee who stops working for TSTC on the last workday of a month is entitled to be paid for a scheduled holiday that occurs after the last workday if the holiday occurs during the month, and does not fall on a Saturday or Sunday. Workday means a day on which the employee is normally scheduled to work (Texas Government Code, Section 662.010).

Employee Vacations and Leaves

With the exception of faculty members who have appointments of less than 12 months, all employees are entitled to paid vacation as determined by length of service. Part-time employees who work at least 20 hours per week who are eligible for benefits accrue vacation on a proportionate basis. Faculty members with appointments of less than 12 months are entitled to a set amount of discretionary leave as designated by the Vice Chancellor and Chief Operating Officer.

Family and Medical Leave

The Family and Medical Leave Act (FMLA) is a benefit that allows qualified employees to have up to 12 weeks of unpaid leave per fiscal year. The law allows eligible employees to take job-protected leave for the birth or adoption of a child, for the care of a child, spouse or parent with a serious health condition, for the employee's own serious health condition, or for the care of a covered military service member.

Although FMLA leave is unpaid leave, an employee may be able to use their paid leave accruals (sick leave, annual leave, etc.) to continue to be paid while on FMLA leave. If the FMLA leave is related to childbirth, there is a difference in how paid leave is handled for mothers and fathers.  

State employees, including TSTC, who have been employed for twelve continuous months by the state, and who have worked at least 1,250 hours during that period, are entitled to leave according to the Family and Medical Leave Act provided that the employee utilizes all available applicable paid leave (sick and vacation) while taking FMLA leave (See SOS, HR 2.3.13 for applicable procedures). Employees must exhaust all accrued leave balances to be eligible for SLP/FLP.

Vacation Leave

Eligible employees are entitled to paid vacation leave each year. The amount of vacation leave each employee receives is determined by the length of state service. (See chart below for allowed leave based on years of service.)

Eligibility Requirements

• Eligible employees may begin to use vacation accruals after six months of continuous state employment; additionally:

  • 1. 1. • Previous faculty, staff, student, and wage employment with the state will count toward this requirement;

          • State employees are required to satisfy the continuous six-month requirement only once in his/her employment career with the state;

          • Employees may begin to use vacation leave on their true continuous six-month anniversary. Example: an employee who begins state employment on January 15 may begin to use his/her available vacation leave on July 15.

• Students holding positions for which student status is a requirement for employment are not eligible for vacation leave.

General Information

• A supervisor may deny a request to use vacation leave if granting that leave will place an unreasonable burden on the department or work area.

• Previous employment with independent school districts and junior colleges will not count for purposes of leave accrual rate or vacation leave transfer.

• Employees who are on leave on the first workday of a month may not take vacation leave accrued for that month until the employee returns to duty.

• Accrued vacation leave is earned based on years of total state employment; a vacation accrual chart is below. Special accrual rates for return-to-work retirees will apply.

Paid Leave Received From Or Transferred To Another State Agency

New TSTC employees with prior state employment or departing TSTC employees who transfer to another state agency may have their sick and/or vacation leave transferred to their new positions where appropriate. Please contact HR to complete the necessary form for leave transfer. 

Vacation Accrual and Maximum Carry-Forward

Accrued vacation leave may be carried forward from one fiscal year to the next in accordance with the schedule below. Part-time employees may carry eligible vacation hours over at a proportional amount. For example, an employee in a 50%-effort position with less than two years of state employment will accrue four hours of vacation leave per month and may carry forward a maximum of 90 hours into the next fiscal year.

All hours of vacation leave that may not be carried forward at the end of a fiscal year will be credited to the employee's sick leave balance on the first day of the next fiscal year. Employees are encouraged to monitor their leave balances regularly and discuss vacation time off with their supervisor in advance where possible to avoid vacation hour lapse to sick leave.

To review the projected vacation hours balance, log in to Workday and click the Time Off icon.

Credit for one month's vacation leave accrual is given for each month or fraction of a month of state employment and is posted on the first day of employment, and the first day of each succeeding month. Vacation pay may not be granted until an employee has been continuously employed for six months, although credit will be accrued during that period (Texas Government Code, Section 661.152 (e)(f)).

The length of employment is calculated from the employee's anniversary date if the anniversary date falls on the first day of the month. Otherwise, the increase in vacation allowance will occur on the first calendar day of the following month.

In computing vacation leave time taken, time which an employee is excused from work because of holidays is not charged against vacation time.

An employee who resigns, is dismissed, or separated from employment is entitled to be paid for all accrued and unused vacation time, as long as the employee has had continuous employment for at least six months and the individual has not been reemployed by a state agency which grants vacation time within a period of 30 days from the date of state employment separation. An employee terminating employment may, with the agreement of the College, be allowed to remain on the payroll to utilize vacation leave in lieu of being paid in a lump sum; however, will not accrue any additional vacation time (Texas Government Code, Section 661.067).

Vacation Accruals for Return-to-Work Retirees

Vacation leave accruals for return-to-work retirees are based on retirement and rehire dates. The table below provides examples of the different vacation leave accruals for Return-to-work retirees who retired under the Teachers Retirement System of Texas or the Employees Retirement System of Texas on June 1, 2005 or later: 

Return-to-Work Retirees

If a retiree returns to state employment after 30 calendar days and within 12 months after the end of the termination month, the retiree may request to have their sick leave balance restored as long as it was not donated to the sick leave pool.

If the retirement date is on or after 6/1/2005 and the rehire date is after 9/1/2005 the accrual rate for vacation is based on state service since retirement.

• For example, if a retiree retires on 12/31/2023 and returns to work on Feb 1, 2024, at 50% FTE in a staff position the vacation accrual will be 4 hours. for both sick and vacation. Holiday pay will also be 4 hours based on the 50% FTE.

• Longevity accruals will begin as if the retiree had no prior state service.

Temporary/casual staff are not eligible for leave and do not get Holiday pay.

Vacation Leave Upon Termination of Employment

An employee receiving a lump-sum vacation payout may elect to defer a portion or all of the payment into a qualified tax-sheltered plan offered by TSTC to mitigate some of the tax implications. To start this process, contact HR for the necessary paperwork and the current vendor list. The account with the selected vendor must be established, and the proper paperwork must be received by HR before the lump-sum payment request is processed. For inquiries about this process, please reach out to your current Business Partner or HR Generalist.

• Upon termination or separation from TSTC, an employee who has completed six months of continuous service is entitled to a lump sum for all eligible unused vacation time. 

• Employees who are in a non-leave-accruing position and are leaving or retiring from TSTC with a balance of previously earned vacation hours in a leave-eligible position will be compensated for those hours at the rate of pay in the last position held that the accrued vacation hours were earned (Texas Government Code 661.063[b]). 

  • 1. 1. The lump sum vacation payment is taxed at the federal withholding per the employees W-4, plus the social security rate of 6.2% and the Medicare rate of 1.45% based on IRS guidelines. Those rates are applicable for employees whose YTD wages, including the vacation payment, are below the IRS guidelines. The Social Security wage base may increase and/or decrease each year.   

       2. There are other factors that come into play for YTD wages above that amount. Please consult a tax advisor if more info is needed regarding taxes on a lump sum payout. 

       3. Calculation of holiday hours to be included on the lump sum payout begins the day after the last day worked in the eligible position and goes forward in time to include any holidays falling within the time frame of the employee’s available vacation hours. 

Employees may request that they remain on the payroll to exhaust any eligible remaining vacation leave after their last day at work; however, the final decision rests with the department and HR regarding the use of vacation days to remain on the payroll. 

Sick Leave

Eligible employees are entitled to use sick leave. 

An employee of the College is eligible to accrue or take paid sick leave only if the employee:

1. is employed to work at least 20 hours per week for a period of at least four and one-half months, and

2. is not in a position for which the employee is required to be a student as a condition of employment. A faculty member at the College may be asked to submit prescribed leave forms for all sick leave the faculty member takes if the absence occurs during the normal workday for regular employees, even if no classes are missed.

A person who is employed by more than one state agency or higher education institution may not receive benefits from the State that exceed the benefits provided for one full-time employee. State employees who are employed by multiple agencies and who work more than 40 hours per week may not accrue sick leave, vacation leave, or holidays at a rate that would exceed that for a full-time, 40 hour per week employee. A person must be informed of the following requirements before he or she is employed by more than one agency or higher education institution:

1. Separate vacation and sick leave records must be maintained for each employment.

2. Leave balance transfers are prohibited. For example, if the person separates from one employment, the person’s leave balances that were accrued under that employment may not be transferred to the remaining employment.

3. The employee accrues state service credit for all purposes as if the employee had only one employment.

4. The total state contribution toward the employee’s group insurance is limited to the amount specified in the General Appropriations Act for one full-time active employee.

Employees of the College shall, without deduction in salary, be entitled to sick leave subject to the following conditions:

1. Employees may begin to use their sick leave accruals immediately upon hire with no waiting period. Sick leave accruals are earned at a rate of eight (8) hours per month for a full-time employee and earned proportionally down to 50% effort (a 50%-effort employee will earn four (4) sick leave hours per month).

2. The employee will accumulate sick leave with the unused amount carried forward each month. Sick leave accrual terminates on the last day of duty.  Part-time regular employees will accrue sick leave on a basis proportionate to their scheduled hours of work. 

3. Sick leave with pay may be taken when sickness, injury, or pregnancy and confinement prevent the employee's performance of duty or when the employee is needed to care for and assist a member of the employee's immediate family who is actually ill.  For purposes relating to regular sick leave, "immediate family" is defined as those individuals related by kinship, adoption, or marriage who live in the same household; or foster children who are so certified by the Department of Human Services and who are living in the same household as the employee and minor children regardless of whether they live in the same household. If a family member does not reside in the same household, an employee's use of sick leave is strictly limited to the time necessary to provide care and assistance to a child or parent of the employee who needs such care and assistance as a direct result of a documented medical condition (Texas Government Code, Section 661.202). 

4. An employee absent because of illness must notify his/her immediate supervisor at the earliest practical time. To be eligible for accumulated sick leave with pay during a continuous period of more than three working days, an employee may be asked to provide to the administrative head, or his designee, a doctor's certification or other acceptable written statement of facts, showing the nature of the illness and release to return to work. The need to provide such documentation for absences of three days or fewer is done at the discretion of the administrative head of the agency or his or her designee (supervisor) when the employee’s ability to perform the essential duties of the job are in question as a direct result of the absence. Employees absent for more than 3 days may be required to submit documentation. In most cases, FMLA will run concurrently with sick leave beginning on the fourth day of absence, if eligible. Every case will be assessed individually before a final determination is made. Employees returning to work after taking sick leave are required to enter leave in the leave request system which is submitted to the appropriate approving authority for consideration. 

   1. 1. • Administrators: Medical documentation provided by the employee often contains medical diagnosis and history, or lists medication used in the treatment plan. This is confidential and should not be forwarded or shared with other employees, except in the course of business for leave purposes or Family Medical Leave Act (FMLA) benefits. Employees should be encouraged to submit documentation directly to their HR Generalist or leave administrator.

5. In the event that time off is required to care for a spouse following childbirth, the non-birthing parent is entitled to utilize up to five (5) days of sick leave. Any absences exceeding this five-day allowance must be substantiated with updated medical documentation, demonstrating a serious health condition or complication arising from the birth, affecting either the spouse or child.

   1. 1. • If the number of days required exceeds the allotted five days, employees should submit a request for Family Medical Leave Act (FMLA) consideration.

6. Employees who transfer directly from TSTC to another state agency will have their sick leave balances transferred.

   1. 1. • Employees who separate from state employment under a formal reduction in force are entitled to have their sick leave balances restored if they are re-employed by the State within 12 months.

         • Employees separated for reasons other than a formal reduction in force and re-employed by a state agency may have their sick leave balances restored only if:

           1. 1. 1. The employee is re-employed by TSTC within 12 months after the end of the month in which the employee separated from TSTC, and if there has been a break in employment with the State of at least 30 calendar days; or

                 2. The employee is re-employed by a different state agency within 12 months after the end of the month in which the employee is separated from state employment.

         • There is no authority to make a lump sum payment for an employee’s accrued but unused sick leave balance upon separation from state employment.

         • An employee who returns to state employment following military service is entitled to have his or her sick leave balance restored.

Sick Leave for Educational Activities

Employees may use up to eight hours of eligible sick leave with pay each fiscal year to attend an educational activity relating to their children in pre-kindergarten through 12th grade. For purposes of using this leave type, an educational activity means a school-sponsored activity, including registration, a parent-teacher conference, tutoring, a volunteer program, a field trip, a classroom program, a school committee meeting, an academic competition, an athletic, music, or theater program. This leave will reduce eight hours from the employee’s sick leave balance if available. 

General Usage Guidelines

• Employees must provide their supervisors with reasonable advance notice of the need for this leave type.

• Employees are limited to a total of eight hours of educational activity leave per fiscal year, regardless of the number of school-aged children in their respective households.

• A parent-teacher conference for this leave type is limited to parental meetings or interactions with the child's teachers and/or administrators (counselors, principals, etc.)

• Leave type to input for this leave is “Educational Activities”.

Sick Leave Upon Termination of Employment

Employees do not receive monetary compensation for unused sick leave accruals at the time of separation. In general, an employee has three options regarding his/her sick leave balance upon termination:

• Donate any portion of or all remaining sick leave to the sick leave pool.

• Donate any portion of or all remaining sick leave to the family leave pool.

• Do nothing with remaining sick leave accruals.

An employee will have sick leave restored if they leave state employment but are re-employed within 12 months after the end of the month in which employment ended, and if the employee:

• was laid off under a formal reduction-in-force policy and returns to work for any state agency;

• returns to work for a different state agency; or

• returns to work for TSTC and had at least a 30-calendar-day break in service.

Sick Leave Quick Facts

• The estate of active employees who die will be paid for one-half of unused sick leave, or 336 hours, whichever is less, provided the employee has fulfilled 6 continuous months of service with the state. (Texas Government Code, Section 661.003).

• An employee who adopts a child younger than three years may use the amount of available sick leave following the adoption that would normally be granted for recovery from pregnancy and childbirth (up to six weeks).

Extended Sick Leave

Exceptions to the amount of sick leave an employee may take may be authorized by either by the administrative head or his or her designee, or the Vice Chancellor of Human Resources or his or her designee, after reviewing the particular case.  Authorization for exceptions to the amount of sick leave an employee may take shall be based on the following criteria:

1. That all accrued leaves are exhausted;

2. That employee's leave records reflect prudent use of sick leave time;

3. That the employee has maintained a satisfactory or better record of performance;

4. That the employee has at least six months of TSTC service; 

5. That documentation can be provided to support the absence under general sick leave regulations; and

6. That the employee plans/is able to return to the TSTC workforce.

7. This leave cannot be carried over for more than 6 months after all other leave types are exhausted.

8. This leave is unpaid.

9. The leave type will be entered by HR upon approval.

Family Leave Pool

Family Leave Pool provides additional sick leave in the event an employee is seriously ill or caring for a family member, including pandemic-related illnesses or complications caused by a pandemic, bonding with and caring for a child during the child’s first year following birth, adoption, or foster placement, or the employee previously donated time to the Family Leave Pool which caused the employee to exhaust all eligible leave. 

• Employees who have been with the company for six (6) months or less are not eligible for Family Leave Pool hours.

• Hours received from the Family Leave Pool are not job-protected leave. Family Leave Pool hours cannot be applied retroactively. Hours donated can only be used for absences occurring after the recipient has the hours in their balance.

• Family Leave Pool balances will not transfer with an employee to another state agency, are not eligible for restoration upon re-employment after a separation of employment, and are not eligible for payment upon separation or to an estate upon death. The recipient may not purchase service credit in the Employee Retirement System of Texas or Teacher Retirement System of Texas with leave that is unused on the last day of the employee’s employment.

Sick Leave Pool

The Board of Regents has established a program to allow employees to voluntarily transfer sick leave time earned by employees to a Sick Leave Pool (See SOS HR.2.3.9, Leave Pool Administration). The Sick Leave Pool is intended to provide for the alleviation of a hardship caused to an eligible employee and the employee's family if the employee exhausts all accrued leave hours earned by that employee and causes the employee to lose compensation from the state.

The Sick Leave Pool is not available to employees receiving worker's compensation benefits. Additionally, employees utilizing Sick Leave Pool hours that have been out for an entire month do not accrue hours for that month. 

To contribute time to the sick leave pool, the employee must submit an application to the Pool Administrator. The employee may transfer to the pool one (eight hours) or more days of sick leave time earned by that employee.

The Pool Administrator shall determine the exact amount of time that an eligible employee may draw from the pool (Texas Government Code, Section 661.006). FMLA runs concurrently with sick leave pool. 

Direct Donor Sick Leave 

Individual employees may voluntarily donate sick leave hours to another employee as authorized by Texas Government Code, Section 661.001. A sick leave donation to another employee should not be confused with a donation of hours to the Sick Leave Pool. The donating employee must have a minimum of 80 hours of sick leave remaining in their balance after the donation. If fewer than 80 hours remain in the donor employee’s balance after the donation, they cannot donate hours to another employee.

This leave benefit is another option to assist those who have exhausted their available accrued leave and sick leave pool to remain in a paid leave status and allow them time off to recover from an illness or injury. An employee has to have exhausted his or her sick leave and vacation leave, including any time he or she may be eligible to withdraw from Sick Leave Pool.  

Employees may also use donated sick leave to care for eligible family members  Employees must first use their own leave prior to using donated sick leave. 

Employees may use donated hours for several reasons, including:

1. during the 80-hour waiting period for sick leave pool purposes,

2. after the employee has exhausted his or her own leave and sick leave pool benefit, and

3. for less catastrophic conditions which do not rise to the level of the need for sick leave pool hours.

4. are in the same agency (Texas State Technical College) as the donor;

5. have exhausted all of their eligible leave accruals;

6. have exhausted any previously donated hours they received; and

7. have exhausted the full allocation of hours from the sick leave pool.

Donated sick leave will be used in accordance with sick leave regulations, with the exception that donated hours cannot be used for retirement credit. An employee may not provide or receive remuneration or a gift in exchange for a donation.

Sick leave donations will be considered a taxable event to the donor unless the situation qualifies as a medical emergency pursuant to IRS guidelines. For sick leave donation purposes, a medical emergency is defined as "a major illness or other medical condition that requires a prolonged absence from work (40 hours), including intermittent absences that are related to the same illness or condition." Donations not qualified as medical emergencies will have the cash value of the donated sick leave included in gross income of the donor and will be treated as wages for employment tax purposes.

Such wages will be considered a lump-sum payment and subject to 22% income tax, Medicare, and social security withholdings. Individuals making a donation are encouraged to consult a tax advisor.

Note: Once sick leave is donated, it will no longer be your property and may not be returned to the donor if the recipient is unable to use the donated sick leave. Donated sick leave may not be paid to the Estate, donated to sick leave pool or transferred to another employee

Sick Leave Donation Transactions

Upon full completion of the Sick Leave Direct Donation: Donor Form, the form should be submitted to the HR Generalist for review of the donation request and confirmation of eligibility. Following approval of the donation, the HR Generalist will provide the Sick Leave Direct Donation: Recipient Form to the recipient for completion along with requesting appropriate medical certification to determine qualification for medical emergency.

Approved sick leave direct donations will be approved and processed by the HR Leave Administration.

Both probationary and non-probationary employees may be eligible for donor sick leave. If the employee is not eligible for Sick Leave Pool (ex: probationary employee) and if the employee has exhausted all accrued leave hours, an employee may be eligible for donor sick leave to be considered and withdrawn. 

Leave Pools and Donor Sick Leave cannot and will not run simultaneously.  Donor sick leave runs concurrently with FMLA (see SOS HR.2.3.9 Leave Pools and Donor Sick Leave Administration).

Emergency (Bereavement) Leave

An employee shall be granted Emergency (Bereavement) Leave who needs to take time off due to the death of an immediate family member is eligible for emergency leave. 

Under this provision, immediate family members are defined as an employee's spouse, or the employee's or spouse's child, stepchild, parent, stepparent, brother, stepbrother, sister, stepsister, grandparent, step-grandparent, great-grandparent, step-great-grandparent, grandchild, step-grandchild, great-grandchild or step great-grandchild (Texas Government Code, Section 661.902). Emergency (Bereavement) Leave for the death of anyone other than members of the employee's immediate family shall be charged to vacation, or leave without pay.  

The amount of time granted shall normally not exceed three (3) days. Employees may request additional leave beyond three (3) days if there are special considerations. Requests for leave in excess of three days will be considered, based on the facts and circumstances of each case. On average, up to two (2) additional days may be considered and approved. The approval from Human Resources is required for emergency leave with pay when such leave exceeds three (3) working days. 

A combination of sick and/or annual leave may be used as well to compensate for additional needed time. TSTC will recognize additional state benefits that are beyond what we are currently providing and will review them on a case-by-case basis.

General Provisions

• Employees are not required to attend the family member's funeral in order to be entitled to use emergency leave.

• Emergency leave hours are not required to be used consecutively; however, granted hours must be taken within 6 months from the date of the family member's death.

• Relationships that exist due to marriage will terminate upon death or divorce. For example, emergency leave for an ex-spouse's death would not apply, nor would it apply for the death of an ex-spouse's family member. 

• Emergency leave for the death of a family member may not be used after an employee has terminated employment and is on the payroll to exhaust his or her vacation leave.

Employee Support

We understand that every employee handles grief differently and may have unique needs. We encourage open communication and provide resources and support during the bereavement period. This may include counseling services, support groups, or other assistance programs to help employees cope with their loss, make funeral arrangements, and focus on their mental health and well-being.

Managers and supervisors are crucial in supporting employees during their bereavement. We expect managers to demonstrate empathy, flexibility, and sensitivity when addressing bereavement-related requests. They should be available to discuss employees' needs, provide necessary information, and facilitate the leave process.

Confidentiality and Privacy

We understand the sensitive nature of bereavement situations and are committed to maintaining the confidentiality and privacy of our employees. All information related to an employee's bereavement, including the nature of the loss, will be treated with the utmost confidentiality and shared only with individuals directly involved in supporting the employee.

Employees are required to notify their supervisor or manager as soon as possible regarding the need for bereavement leave. Relevant information, such as the relationship to the deceased and expected duration of leave, should be provided.

Documentation, such as an obituary or funeral program, may be requested to verify the need for bereavement leave. This documentation will be handled confidentially and retained in accordance with applicable privacy laws.

We understand that transitioning back to work after a bereavement period can be challenging. We encourage open communication and offer flexibility during this time. Employees are encouraged to discuss any concerns or specific needs with their manager or Human Resources to facilitate a smooth transition back to work.

Federal Laws

While the Family and Medical Leave Act (FMLA) does not specifically address bereavement leave, employees may qualify for FMLA leave if their grief leads to a physical or mental health condition. In such cases, employees may be eligible for up to 12 weeks of unpaid leave per year to care for their own serious health condition, as provided by FMLA. Under the Americans with Disabilities Act (ADA), employees who experience grief-related conditions that substantially limit a major life activity may be considered disabled and entitled to reasonable accommodations. Each case will be reviewed individually to determine appropriate support measures.

State Laws

We recognize that several states have laws around bereavement leave.  Human Resources will review the current state law around the death of an employee's member of their family to determine the law and determine the  rule around the use of bereavement leave.   

Justified Other Emergency Leave

Eligible Texas State Technical College (TSTC) employees may receive paid Justified Other Emergencies Leave of Absence for situations not covered in TSTC rules or regulations.

Upon requesting emergency leave not covered in TSTC rules or regulations, an employee must show good cause for the leave and have exhausted all accumulated vacation leave. The routing approval authority for Justified Other Emergencies Leave is the Vice Chancellor of the division the employee works in or designee (must have a delegation of authority if anyone other than the Vice Chancellor is approving). If the employee has not exhausted their own annual (vacation) leave, and administrative leave, the employee must provide an explanation of why they are requesting Justified Other Emergencies leave when they have leave balances available.

Employees may be allowed up to five (5) working days of leave with pay with the Vice Chancellor's approval or their designated delegate, for a severe personal crisis or catastrophic situation which requires the employee's immediate attention. 

Severe personal crises or catastrophic situations are defined as situational occurrences so severe that delayed attention to the crisis by the employee would reasonably result in emotional trauma, financial hardship, and/or extended grief. Examples of such situations include but are not limited to, inclement weather, house fires, natural disasters, personal crises that fall within close time proximity, etc.

Approval for more than five days of Justified Other Emergencies Leave must be approved (via a memorandum) to the Vice Chancellor of the Division the employee works under and HR.  HR’s recommendation is for no more than 80 hours of unpaid leave. This type of leave will be entered by HR on a case-by-case basis.

Administrative Leave for Outstanding Performance

The agency head, their designee, or the Vice Chancellor of the Human Resources Department of TSTC, or their designee, may grant an employee a reward for outstanding performance, documented by the agency. The total amount of leave granted may not exceed 32 hours per employee during a fiscal year.

Volunteers of Texas Voluntary Organizations Active in Disaster

A state employee who is a volunteer of an organization that is a member of the Texas Voluntary Organizations Active in Disaster may be granted leave not to exceed 10 days each fiscal year, without a deduction in salary or loss of vacation time, sick leave, or earned overtime credit, to participate in disaster relief services if:

• The employee’s supervisor authorizes the leave;

• The services in which the employee participates are provided for a state of disaster declared by the Governor under Texas Government Code, Chapter 418; and

• The Executive Director of Human Resources at TSTC approves the leave.

The leave type will be entered by HR once it has been approved.

Leave of Absence for Volunteer Firefighters and Emergency Medical Services Volunteers

Emergency leave may be granted to a state employee who is a volunteer firefighter and is needed to be actively involved in fighting a fire during the employee's regular working hours. Emergency leave may also be granted to an emergency medical services (EMS) volunteer responding to a medical situation during the employee's regular working hours.

• Paid leave for a voluntary firefighter will apply only in those instances where the employee is needed to be actively involved in fighting a fire during the employee's regular working hours.

• Verification of the duty should be provided in a written statement from the Fire Chief of the volunteer fire department or the EMS Coordinator of the EMS station responsible for responding to the emergency.

• Employees who are volunteer firefighters will be granted up to five (5) working days in any one fiscal year to attend training schools conducted by state agencies.

The leave type will be entered by HR once it has been approved.

Organ, Bone Marrow, or Blood Donors

An employee will be granted up to five working days in a fiscal year to serve as a bone marrow donor and up to 30 working days in a fiscal year to serve as an organ donor. 

• The employee must consult with his or her supervisor before taking time off to donate blood and must provide proof of donation upon return. An employee may receive time off to donate blood not more than four times in a fiscal year.

• The donation of plasma does not constitute paid time off for purposes of paid leave for blood donation. Employees who need time off to donate plasma must use their earned vacation time or other appropriate personal leave. However, if an employee is donating blood, an employee may receive time off to donate blood not more than four times in a fiscal year.

Voting Leave

Employees may be allowed sufficient time off to vote in national, state, and local elections. Employees should notify their supervisor prior to the election day if they do not have sufficient time to vote on their own time. Supervisors may schedule voting leave by allowing the employee to:

• Arrive to work later than normally scheduled in order to allow sufficient time to vote before the workday;

• Leave work early without the expectation to return in order to allow sufficient time to vote; or

• Take a longer lunch than is normally scheduled in order to vote.

Other notes regarding voting leave:

• Paid voting leave should be used by eligible employees in instances where the employee actually missed work to vote without making up the time. The time off should be reasonable and as agreed to in advance upon consultation with the employee's supervisor.

• Voting Leave can be used during early voting. Early voting enables an employee to vote before or after work (including weekends) prior to an election. If an employee has been unable to vote during the early voting period, time off to vote on Election Day will be allowed.

• State law does not differentiate between regular and runoff elections.  

• Workday Users: Voting leave is coded under leave types Leave of Absence With Pay and Voting Leave.

• Not to exceed a total of 8 hours each FY.

Unpaid Parental Leave (Texas Government Code, Section 661.913) 

Employees who do not qualify for family and medical leave are eligible for an unpaid parental leave of absence not to exceed 12 weeks 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 and sick 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. (Texas Government Code, Section 661.913)

Foster Parent 

An employee, who is a foster parent to a child under the conservatorship of the Department of Human Services, is entitled to a leave of absence with full pay for the purpose of attending staff meetings held by the Department of Human Services for Admission, Review, and Dismissal meetings held by a school district regarding the employee's foster child. Once support has been provided to HR, the leave will be entered by HR once it has been approved.

Birthday/Discretionary Leave 

All full-time employees are eligible to take half a day off (4 hours) for their birthday as discretionary leave. This benefit does not apply to temporary, part-time, or contract employees. Contract employees are individuals hired to provide services to the college through contracts with temporary agencies, etc.

To request time off for this purpose, employees should notify their supervisors at least two weeks in advance and obtain their approval.

If taking a half-day off creates difficulties within the department, the immediate supervisor has the authority to require rescheduling. This leave benefit must be taken as a consecutive 4-hour block; no other increments of hours are allowed. If the employee is absent from work during their birthday month due to sick leave, FMLA, leave without pay, vacation, etc., they must take the discretionary leave as soon as possible. Failure to return to work results in forfeiture of the half day off. If an employee's birthday falls on a weekend, the half-day off will be observed on a workday.

Ideally, the birthday discretionary leave should be taken during the month of the employee's birthday, the month before or the month after, or within the defined parameters mentioned above; otherwise, the day off is forfeited. Birthday time off is not compensable upon termination. For employees who do not celebrate birthdays, consideration may be given to using their work anniversary date. Each employee is allowed only one half-day for either a birthday or a work anniversary each year.

Leave During an Agency Investigation

The agency’s administrative head or their designated assignee, may grant leave without a deduction in salary to an employee who is:

• The subject of an investigation being conducted by the agency, or

• A victim of, or witness to, an act or event that is the subject of an investigation being conducted by the agency.

A state employee who is the subject of an investigation being conducted by the agency is ineligible to receive leave for that reason under any other provision of Texas Government Code, Chapter 661.  

No later than the last day of each state fiscal quarter, an agency must submit a report to the State Auditor’s Office and the Legislative Budget Board that includes the name of each agency employee who is the subject of an investigation being conducted by the agency and who has been granted 168 hours or more of leave for that reason during that fiscal quarter. The report must include, for each employee, a brief statement as to the reason that the employee was granted the leave.

Unsafe Working or Travel Conditions

Eligible employees may receive emergency leave when unsafe conditions in their workplace environment, travel to workplace, or declared emergency, by the Texas Governor, prevent them from being at work during his or her scheduled time. Employees may also receive emergency leave when unsafe travel conditions delay or prevent them from being at work.

In the event of hazardous or unsafe working or travel conditions, the following guidelines apply:

• The Chancellor or their designee will define the start and end times of the emergency and communicate this information to all location administrators on the first working day following the emergency.

• Non-exempt regular salaried employees required to work during the emergency will receive emergency leave pay in addition to being paid for the hours worked. These employees should be deemed essential to maintain operations, safety, and security of TSTC. Essential employees should be approved by the Vice Chancellor, or their designee.

• If an employee is scheduled to be absent from work prior to communication of a campus closure or suspension of on campus activities, the employee will be charged for the scheduled day off.

• Employees with pre-scheduled business travel, may still continue travel if travel conditions and destination(s) are deemed safe. Consideration should be made about working and travel conditions for everyday until the employee is able to return to home base. 

• Employees classified as remote or hybrid employees are expected to work remotely.

• Employees classified as on campus employees, but have ability to perform duties remotely, are expected to work remotely.

• Not all Emergency Leave is paid; it depends on the type of Emergency Leave utilized. The leave will be entered by HR, depending on the specific circumstances.

Medical and Mental Health Care Leave for Certain Veterans

A state employee who is a veteran, as defined by Texas Government Code, Section 434.023(a), and who is eligible for health benefits under a program administered by the Veterans Health Administration of the U.S. Department of Veterans Affairs, may be granted leave without a deduction in salary or loss of vacation time, sick leave, earned overtime credit, to obtain medical or mental health care (including physical rehabilitation) administered by the Veterans Health Administration of the U.S. Department of Veterans Affairs. Leave granted for this reason may not exceed 15 days each fiscal year unless the agency’s administrative head determines that additional days of this leave is appropriate for the employee.

Mental Health Leave for Peace Officers

All full-time licensed peace officers and Full-time Telecommunicators employed by TSTC who experience a traumatic event within the scope of their employment at the College are eligible for mental health leave in compliance with Texas Government Code 614.015.

• Entitled to a peace officer or telecommunicator to mental health leave without a deduction in salary or other compensation;

• The leader may approve up to three (3) working days of mental health leave for the requesting officer or telecommunicator, per traumatic event. The leader shall notify the Chief of Police via the chain of command. The Chief shall then notify the Human Resources Department in writing, of the request regardless of approval status.

• The type of leave utilized will be “Mental Health Leave”.

If the requesting officer or telecommunicator requests more than three (3) working days of mental health leave under this policy, the request shall be presented to the College’s Vice Chancellor of Human Resources for approval. Up to an additional four (4) working days of mental health leave may be approved when supporting documents are provided. Examples of supporting documentation include: 

• Physician note 

• Therapist/Counselor note 

• Peer Support Team Recommendation 

Peace officers and telecommunicators are entitled to take approved mental health leave without a deduction in salary or other compensation, and without use of other types of available leave. 

Any requests for mental health leave shall be confidential. Such requests, including approval or denial of the request, shall remain confidential and provide anonymity for a peace officer or telecommunicator who takes mental health leave. The four (4) additional days of leave will be keyed by HR once it has been approved.

Reserve Law Enforcement Officer Training Leave

State employees who are reserve law enforcement officers as defined by Texas Occupations Code, Section 1701.001, are entitled to paid leave not to exceed five working days each fiscal biennium to attend training required by Texas Occupations Code, Section 1701.351. The employee shall notify the Chief of Police via the chain of command. The Chief shall then notify the Human Resources Department in writing of the request, regardless of its approval status. The leave will be approved by the Chief of Police. Leave type utilized will be “Law Officer Training Leave”.

Injury Leave for Certain Peace Officers

Peace officers injured in the course of duty may be entitled to paid injury leave without a deduction in salary. This covers commissioned law enforcement officers or agents commissioned by the Public Safety Commission and the director of the Department of Public Safety, the Parks and Wildlife Commission, the Alcoholic Beverage Commission, the Texas Office of the Attorney General, the Insurance Fraud Unit of the Department of Insurance, or the Comptroller’s Office.

Peace officers who are injured in the line of duty as a result of the performance of their duties may be entitled to paid injury leave. An officer who qualifies for injury leave is not required any other type of leave for an injury that occurs in the line of duty. However, a peace officer is not entitled to injury leave if the officer’s own gross negligence contributed to the injury or if the injury was related to performing routine office duties.

To be eligible for injury leave, the peace officer must submit evidence of a medical examination and a recommendation for a specific period of leave from a physician licensed to practice in Texas. The maximum amount of leave allowed for all injuries occurring at one time is one year.

The injured peace officer may simultaneously be on injury leave and receive workers’ compensation medical benefits but is not eligible for disability retirement benefits during the leave period. The injured peace officer is entitled to workers’ compensation indemnity benefits after the discontinuation or exhaustion of injury leave. Leave type utilized will be “Injury Leave - Peace Officer”.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

USERRA is the federal law intended to ensure that persons are not disadvantaged in their civilian careers because of their current or past service in the U.S. Armed Forces, the U.S. Armed Forces Reserves, the National Guard, or other uniformed services. USERRA prohibits an employer from denying initial employment, reemployment, retention in employment, promotion, or any benefit of employment on the basis of an individual’s membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services.

State agencies and higher education institutions that have qualifying service members must provide to the service members the following:

• Prompt job reinstatement.

• Accumulation of seniority, including pension plan benefits.

• Reinstatement of health insurance.

• Training/retraining of job skills, including accommodations for the disabled.

• Protection against discrimination.

In addition, USERRA provides protection for disabled veterans, requiring employers to make reasonable efforts to accommodate the disability.

Amateur Radio Operator Leave

A state employee with an amateur radio station license issued by the Federal Communications Commission may be granted leave not to exceed 10 days each fiscal year to participate in specialized disaster relief services without a deduction in salary or loss of vacation time, sick leave, or earned overtime credit. The amateur radio operator leave should be authorized by the employee’s supervisor and have the approval of the Governor. 

The number of amateur radio operators eligible for this type of leave may not exceed 350 state employees at any time during a fiscal year. The Texas Division of Emergency Management is responsible for coordinating the establishment and maintenance of the list of employees eligible for this leave. Proof from the Federal Communications Commission (FCC) must be submitted to HR to qualify for this leave type. Once validated, the leave type 'Radio Operator' will be entered by HR.

Civilian Reservist Emergency Workforce Act of 2021 (CREW Act)

The CREW Act extends employment protections under USERRA to Federal Emergency Management Agency (FEMA) reservists who are deployed to disasters and emergencies, or training for such, on behalf of FEMA.

State employees who are FEMA reservists are also extended employment protections under USERRA.

The U.S. Department of Labor’s Veterans’ Employment and Training Service administers USERRA, and all questions should be directed to that office. Contact and additional information about USERRA is available on the U.S. Department of Labor’s website.

In addition, more information about the CREW Act employment protections can be found on FEMA’s website.

Military Leave

Both state and federal law provide employment and reemployment rights to individuals who are called to military service. These laws provide job and possible income protection, as well as a means for employees to secure time off when called to military service.

TSTC employees are eligible for the following types of leave for military service:

• Authorized training or duty for members of the state military forces and members of any of the reserve components of the United States Armed Forces; 

• Call to National Guard active duty by the Governor; and 

• National emergency active duty for a member of a reserve branch of the U.S. Armed Forces. 

• State or federally authorized urban search and rescue team. 

Military Leave - Training

Employees who is a member of the state military forces, a reserve component of the United States armed forces, or a member of a state or federally authorized Urban Search and Rescue Team is entitled to a paid leave of absence on a day on which the person is engaged in authorized training or duty ordered or authorized by proper authority for not more than 15 workdays in a federal fiscal year (October 1 – September 30). During a leave of absence, the person may not be subjected to loss of time, efficiency rating, personal time, sick leave, or vacation time and is entitled, when relieved from duty, to be restored to the position that the employee held when ordered to duty. Carryover of this leave may not exceed 45 workdays.   (Texas Government Code, Section 437.202 (a)).

After exhausting the 15 days of paid leave and any unused accumulated leave, any employee called to service in the uniformed services, except one in a temporary position, is granted an unpaid military leave of absence for up to five cumulative years or a longer period if required by law. An employee may choose to use vacation leave in place of unpaid leave.

Employees called to federal active duty for assistance in emergencies or training are entitled to up to 22 workdays of paid emergency leave without losing military or vacation leave. 

The employee accrues state service credit while on extended military leave.

Military Leave - Deployment

Employees who are members of the State Military Forces called to active duty by the governor because of an emergency are entitled to receive emergency leave without loss of military or vacation leave. This time is not limited and does not count against the 15 days maximum military leave per fiscal year (Texas Government Code, Section 437.254 (a) and 437.305 and State Auditor’s Office Leave Interpretation Letter, No. 98-06).

Salary - Paid or Unpaid 

• When activated for military service during a national emergency under U.S. Code, Title 10 or Title 32, an employee who would otherwise be on unpaid military leave is eligible for Military Differential Pay if their military pay (Base pay plus BAH and BAS) is less than their state gross pay. This differential pay bridges the gap between the military pay and the state gross pay, ensuring that the combination of military pay and differential pay does not exceed the employee’s actual state gross pay. Note that military pay does not include allowances for service in a combat zone, hardship duty, or family separation.

• To determine initial and ongoing eligibility for the differential pay, the employee must provide their Military Leave and Earnings Statement each month. Emergency leave is not granted for routine military training or attendance at military schools, as per the State Auditor’s Office Military Pay Differential Guidelines (Texas Government Code, Section 661.9041).

• To claim the differential pay, employees must submit a copy of their pay stub and military orders to Human Resources. Human Resources will then coordinate with Payroll Services to calculate any differential pay due.

• Employees whose military salaries exceed their state salaries may use accrued vacation hours each month to maintain health coverage for optional benefits, such as dental and vision insurance, as well as for dependent coverage benefits.

Military Leave Differential Pay Calculations

• An employee on active military duty whose gross military pay is less than his/her gross state pay is entitled to differential pay. Differential pay will be granted through emergency leave in the percentage of time necessary to make up the difference between military pay and state pay. Departments should compute the number of emergency leave hours to be granted by:

• Determining the rate of both military pay and state pay.
  Example: Employee earns $2,000 per month on active duty (excluding pay provided while serving in a combat zone, hardship duty pay, and family separation pay). Employee state pay is $2,723 per month.

• Determining the number of standard work hours in each month.
  Example: In the month of September 2005, there are 176 work hours (22 workdays multiplied by 8 work hours).

• Determining the hourly rate of pay each month for state pay.
  Example: The average hourly rate for state pay is $15.47 ($2,723 divided by 176 hours for the month of September).

• Subtracting the difference in military pay (excluding pay received while assigned to a combat zone, hardship duty pay, and family separation pay) from state pay for each month.
  Example: State pay is $2,723. Military pay is $2,000. The difference is $723.

• Taking the difference in monthly pay and dividing that number by the hourly rate of the state pay for that particular month to obtain the number of emergency leave hours to provide the employee.
  Example: Take the $723 calculated above and divide that by the state hourly pay of $15.47 for the month of September, which equals 46.74. The 46.74 equates to hours that should be converted to days, rounded up to the nearest whole number. In this example, you would take 46.74 divided by 8, which is the number of hours in the workday, to get 5.84 days. This should be rounded to the nearest whole number, which would be 6 days.* Next, the number of days should be converted back to hours, which in this case would be 48 hours of paid emergency leave (6 days x 8 hours = 48 hours of emergency leave).
  * As per Government Code, the combination of emergency leave and military pay may not exceed the employee's actual state gross pay. Departments must make necessary and proper adjustments within this example to ensure the emergency leave matches (but does not exceed) the employee's gross pay as close as is possible.

• The military leave and earnings statement contains information on total paid benefits received by the service member. The department should include all state-paid benefits (benefit replacement pay, longevity pay, etc.) when calculating the differential amount.

State Service or Sick and Vacation Leave

• • An employee granted military deployment leave will retain their accrued vacation and sick leave from the start of the leave. Employees eligible for leave accrual immediately before going on military leave will continue to accrue state service credit for purposes of longevity pay, vacation leave, and sick leave for any month of military leave in which they receive state pay. This applies whether on paid or unpaid military leave due to active duty during a national emergency under U.S. Code, Title 10 or Title 32. Leave continues to accrue during such unpaid leave and will be credited to the employee’s balance upon their return to active state employment.

  • While on military leave, employees will also continue to accrue annual vacation and sick leave. These leaves will accumulate but remain "frozen" during the absence, and will be available for use upon return to employment.

  • The employee must provide a statement showing the number of workdays of paid leave they are entitled to each fiscal year and, if applicable, the number of workdays of paid leave they can carry forward each fiscal year under this regulation.

Benefits During Military Leave

• • Health Insurance Coverage

    • Eligibility: Employees who become active in the armed forces can maintain health coverage for up to 18 months or until the day after they need to apply for reemployment, whichever is shorter. If the employee had coverage for their dependents before deployment may continue coverage for their dependents. If coverage is terminated during military service, it will be reinstated upon reemployment without medical exams or waiting periods if application is made within 90 days of return.

  • If the employee has Group life, disability, and accident insurance can continue during military leave as long as the employee pays the college for these premiums. Employees can reinstate group life and disability insurance without exclusions or medical exams within 90 days of return. No medical exam is needed for accident insurance. To continue insurance coverage during leave, obtain forms from Human Resources. Employees must pay the full premium amount directly to the college. Failure to pay premiums on time will result in cancellation of coverage at the end of the last paid month.  

  • Employees whose military salaries are higher than their state salaries may use one or more hours of accrued vacation each month to maintain health and leave benefits. (Texas Government Code, Section 661.904 (a)(b)(c)(d)). 

Assistance Dog Training

An employee with a disability, as defined by Texas Human Resources Code, Section 121.002, is entitled to a paid leave of absence not to exceed 10 working days in a fiscal year to attend a training program to acquaint the employee with an assistance dog they will use. Additionally, a police officer is entitled to this leave to attend training with a police dog.

The ADA has strict rules about asking for proof of a service dog. According to the ADA, a service dog is not required to wear a vest or other form of ID or documentation; it simply must be trained to perform a task directly related to a person's disability. This type of training is required.

Proof meeting ADA requirements for service dog training or police dog training must be submitted to HR to qualify for this leave type. Once validated, the leave type 'Assistance Dog Training' will be entered by HR.

Court Appointed Special Advocate (CASA) Volunteers

A state employee may be provided paid leave not to exceed five hours each month to participate in mandatory training or to perform volunteer services for the CASA program. This leave is provided to an employee without a deduction in salary or loss of vacation time, sick leave, or earned overtime credit.

Proof of participation in mandatory training or volunteer services for the CASA program must be submitted to HR to qualify for this leave. Once validated, the leave type 'CASA Volunteers' will be entered by HR.

Jury and Witness Fees

Employees summoned for jury duty receive time off with pay and without loss of other leave benefits.  Jury fees need not be reported to the College.

Employees called to appear in an official capacity in a judicial action or legislative investigation are not entitled to witness fees. However, if the appearance is not in an official capacity but is for the purpose of testifying from personal knowledge, then the employee may accept customary witness fees and obtain approved leaves of absences (H.B. 1, 74th Legislature, Article IX, Section 2.3-4).

Compliance with a Subpoena

TSTC may not discharge, discipline, or penalize an employee for complying with a subpoena to appear in a civil, criminal, legislative, or administrative proceeding. Any organization that violates this may be found in contempt of court or subject to a monetary penalty, depending upon the issuing authority. Agencies should use their own discretion in instances of unofficial testimony to decide whether such an absence is considered good cause for emergency leave.

Leave Without Pay

The College may grant leave without pay (LWOP), including a leave of absence without pay, subject to the following provisions:

• The leave may not exceed 12 months.

• All accumulated paid leave must be exhausted except in instances of disciplinary suspension, leave covered by workers’ compensation benefits, or active military duty situations. Sick leave must first be used only if the employee is eligible to use sick leave under Texas Government Code, Chapter 661, Subchapter G.

• Subject to fiscal constraints, approval of LWOP constitutes a guarantee of employment at the conclusion of the specified leave period.

• The administrative head of the college may allow for exceptions to these limitations in certain situations.

• While approval of leave without pay guarantees employment for a specified period, it is subject to fiscal constraints.

• Unless an employee is returning from military leave under Texas Government Code, Section 661.904, any full calendar month during which an employee is on leave without pay will not be counted in the calculation of total state service for vacation or longevity pay entitlement.

• Employees will not accrue vacation or sick leave during the period of leave without pay (Texas Government Code, Section 661.909 (g)).

A full calendar month in which an employee is in LWOP status does not constitute a break in state employment. However, except for employees who return to state employment from military leave under Texas Government Code, Section 661.904, a full calendar month in which an employee is in LWOP status is not counted in the calculation of:

• The employee’s total state service for the purpose of determining the amount of longevity pay or the accrual rates for vacation leave, or

• The number of months of continuous state service for the purposes of the merit salary provisions or for the eligibility to use vacation leave.

In addition, an employee who is in LWOP status for the entire month will not accrue vacation or sick leave for that month. If an employee is in a Leave Without Pay (LWOP) status, the day before and/or after, they are not entitled to holiday pay.

An employee who is on LWOP will have his or her compensation reduced for the pay period by an amount in accordance with the General Appropriations Act and rules adopted by the Office of the Comptroller of Public Accounts.

Please refer to Texas Government Code, Chapter 659, for specific guidelines concerning salary reductions for employees who are exempt from the Fair Labor Standards Act.

Wellness Leave

Wellness leave is available to TSTC employees who are scheduled to work a minimum of 20 hours per week for at least six (6) continuous months in a position that does not require student status as a condition of employment.  Leave type to input for this leave is “Wellness Leave”. 

• Wellness leave may be granted for up to 30 minutes three times per workweek (Monday-Sunday) to participate in physical fitness activities. Time may not be split or carried over from one day to another.

• In order to use wellness leave, an employee must seek approval from his/her manager and submit a formal request for Wellness Leave as an agreement between the employee and the manager. The agreement may remain in effect for the duration of employment in the position identified in the agreement, unless terminated by the employee’s manager. A new agreement must be submitted if an employee changes positions.

• Managers may request documentation of participation in physical activity. Managers may revoke wellness leave time at any time.

• Employees may attend on-site wellness programs including, but not limited to, health fairs, flu shot clinics, financial seminars and employee assistance programs without using leave time. Attendance must be approved in advance by the employee’s manager.

• Wellness leave will not be counted toward the earning of FLSA overtime.   

• Employees who receive a physical examination and complete either an online health risk assessment tool or an in-person health risk assessment conducted by a worksite wellness coordinator will be provided with eight hours of additional leave time each year. Proof of completion must be submitted to HR to receive these eight hours.  HR will key these hours into Workday once proof has been received and approved.

Other Leave Provisions

Additional leave options may be available to employees that are not listed in this policy.  The Office of Human Resources should be contacted for inquiries regarding leave eligibility.  Additional information can be found in the Texas Human Resources management Statutes Inventory Resources Guide. Texas Human Resources Management Statutes Inventory

Regular Employee: One who is employed to work at least 20 hours per week for a period of at least four and one-half (4½) months, excluding students employed in positions that require student status as a condition of employment. Only regular employees shall be eligible for paid holidays. The holiday pay for regular employees shall be determined on a basis proportionate to their scheduled hours of work.

Non-Exempt Salaried Employee: A non-exempt salaried employee is an employee who is paid a salary and is eligible for overtime pay. This designation means that the employer has chosen to pay a monthly salary that is at least the minimum wage for all hours worked. Non-exempt employees are typically paid salary or hourly and perform more manual or technical duties. 

Exempt Salaried Employee: An exempt salaried employee is paid a salary that meets or exceeds the salary threshold and is exempt from the Fair Labor Standards Act (FLSA) minimum wage and overtime provisions. Exempt employees are expected to perform their job duties regardless of the number of hours they work. 

Essential Employee:  Essential employees are individuals whose roles are indispensable for maintaining the core functions and operations of the institution, especially during times of crisis or emergencies. These employees are essential for ensuring the continuity of vital services, the safety of students and staff, and the overall functioning of the college. They typically encompass staff whose duties are critical for the ongoing operation of the institution's support functions.

State Employees: An appointed non-constitutional officer or an employee of a state agency.  The term includes a part-time, hourly, or temporary state employee.

National Holidays: New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Juneteenth National Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day.

State Holidays: TSTC Closed:  Labor Day, Thanksgiving Day and Day after Thanksgiving, Christmas Day, New Year’s Day, Martin Luther King (MLK) Day, Memorial Day, Emancipation/Juneteenth Day, and Independence Day.  

• Note about Published State Holidays—If some holidays TSTC honors fall on the weekend, TSTC has elected to move that day to the Friday before or the Monday after (e.g., Emancipation Day).  TSTC also elected to move some state holidays to the end of the year to allow the Holiday Winter Break.  (i.e., San Jacinto Day, etc.)

Optional Holidays:  Rosh Hashanah, Yom Kippur, Good Friday, Cesar Chavez Day