Handout Types of Leave

							Time Off
                                    HOLIDAYS  

As a state employee, you receive a number of paid holidays each year. The Legislature sets the
number of holidays, which may vary from year to year. The actual days off are set by the Board
of Regents, based on recommendations from the Director. If you work less than full time, you
will receive holiday pay proportionate to your percentage of full-time work.

If you must work on a holiday, you will be entitled to equivalent time off with pay to be taken
during the 12-month period following the end of the workweek in which the holiday occurred.
Your supervisor must approve, in advance, work on a holiday and holiday leave taken.

If you wish to take a religious holiday, you may use vacation or compensatory time. (31.04.01)



                                    VACATION  

You earn vacation time for each month you work for the state. You may not take vacation until
you have been continuously employed by the state for six months, although you will earn
vacation credit during that period. All prior Texas state service, including time as a student
employee and time at other Texas state agencies, will count toward your vacation accrual rate.
Vacation does not have to be taken in the year that it is earned. However, the state has set a
maximum on the number of hours that can be carried over to a new fiscal year (September 1 –
August 31). This maximum is based on years of service. For full-time employees: (part-time
employees earn amounts proportionate to percent effort):

Accrual Rates Effective July 1, 2003
Total State Employment Hours    Accrued                Max. Hours
                                Per Month            Carried Forward
Less than 2 years               8 hours                  180 hours
2-4 years                       9 hours                  244 hours
5-9 years                       10 hours                 268 hours
10-14 years                     11 hours                 292 hours
15-19 years                     13 hours                 340 hours
20-24 years                     15 hours                 388 hours
25-29 years                     17 hours                 436 hours
30-34 years                     19 hours                 484 hours
35 or more years                21 hours                 532 hours

You generally may use vacation whenever you wish, but your supervisor may deny a request if
your absence at a specific time would pose a burden to the department. Also, your supervisor
may require you to use your FLSA compensatory time, if any, before using vacation. You should
request vacation as far in advance as possible. (See page 39, Leave section, for information on
how your vacation balance is handled when you leave employment.) (31.03.01)
                                    SICK LEAVE  

You earn sick leave throughout your career with the State of Texas, and it transfers with you if
you transfer without a break in service to or from another Texas state agency. (See page 39,
Leave section, for information on how your sick leave balance is handled when you leave
employment.)

If you are on sick leave more than three continuous working days, you must provide a physician’s
statement indicating the general cause or nature of your medical condition and expected date of
return to work. The physician’s statement does not have to provide a diagnosis, but should
include a general statement such as “sick and under my care,” “required surgery” or “was treated
for an injury.” This should be provided as soon as possible. If your expected date of recovery
changes, you must provide an additional statement from your physician documenting the new
date of return. In some cases, your department head may require you to provide a physician’s
statement for an absence of less than three days. In addition, if you are out for more than three
days due to your health condition, your supervisor may require you to furnish a physician’s
statement certifying that you are able to return to work.

You must inform your supervisor as soon as you realize you will need to take sick leave. You
must also keep your supervisor informed during your absence as to your expected return date.
(31.03.02)



                      SICK LEAVE WITHOUT PAY  

If you have exhausted sick leave, vacation, compensatory time and sick leave pool time and you
are unable to return to work, you may be granted 30 working days of sick leave without pay, with
possible extension for up to 35 additional days. Contact your supervisor to apply for sick leave
without pay. (31.03.02, 31.03.04)


                              SICK LEAVE POOL  

The TFS Sick Leave Pool may be available to you if you have exhausted your paid sick leave,
vacation and compensatory time and need additional paid sick leave.
Tim
You may request up to 90 days (or one-third of the time in the pool, if less) of leave from the pool
for each catastrophic illness or injury affecting you or a family member. A catastrophic illness or
injury is one that requires treatment by a doctor or other health care practitioner and causes you to
miss at least 160 hours of work (proportionately less if you work part-time). The 160 hours can
be continuous or intermittent, but you must have missed at least 160 hours before you are eligible
to use the sick leave pool. Because this benefit is not available until the 160 hour duration of the
illness or event, each employee should strongly consider maintaining a minimum balance of 160
hours of sick and or vacation leave available at all times to ensure they do not go into a leave
without pay status.
You may apply for sick leave pool to care for a family member with a catastrophic condition if
that person lives in your home and is related to you by kinship, adoption or marriage or is a foster
child certified by the Texas Department of Family and Protective Services. You may use the time
to care for a family member not living in your home if that person is totally dependent on you for
personal care or services on a continuing basis. In any case, you may not use sick leave pool time
for any absence that would not be eligible for use of regular sick leave.

If you run out of sick leave and have a noncatastrophic illness or injury requiring sick leave, you
may withdraw any amount of time you previously contributed to the pool.

Contact the Human Resource Department to apply for sick leave pool time. Be sure to request
sick leave pool as soon as you believe you will have a need for it. Time cannot be awarded
retroactively. You will need to provide documentation from your health care provider on a
FMLA Physician Certification Form. The Sick Leave Pool and FMLA Physician Certification
Forms are available at, http://tfsfinance.tamu.edu/modules/finance/admin/procedures/forms.htm.
(31.06.01)


               FAMILY AND MEDICAL LEAVE ACT  

Family and Medical Leave Act (FMLA) leave provides you, if you are eligible, with job
protection and continued state contributions toward health and/or other benefit coverage’s while
you are absent from work for up to 12 workweeks during a fiscal year for:

        • the birth of your natural child,
        • the adoption of a child younger than three years,
        • the placement of a foster child younger than three years,
        • the care of your spouse, child or parent with a serious health
          condition, or
        • your own serious health condition.

To be eligible for FMLA leave, you must have at least 12 months of Texas state service and have
worked at least 1,250 hours for the state in the preceding 12 months. In case of birth, adoption or
foster care placement, if you and your spouse both work for the state, you may take a combined
total of 12 weeks of FMLA leave. While on FMLA leave, you must use your paid leave
(vacation, sick leave and sick leave pool time) for which you are eligible. You may use sick
leave and sick leave pool time only if you are otherwise eligible for sick leave. Paid leave runs
concurrently with FMLA leave. If you wish, you may use your FLSA and/or state compensatory
time before going on FMLA leave without pay. If you use FLSA compensatory time, you can
use the time before, during or after the FMLA leave, and the time does not count against your
FMLA leave entitlement. If you use state compensatory time, the time runs concurrently with
your FMLA leave entitlement. Once you exhaust the paid leave for which you are eligible and
any compensatory time that you wish to use, you will be placed on leave without pay until you
return to work.

If you begin leave without pay while you are in a FMLA status, your job protection and the state
contribution toward your insurance premiums will continue. However, you must pay any
remaining premiums to keep your insurance coverage active. When you return from FMLA
leave, you may re-enroll in any benefit plan you dropped without providing evidence of good
health or having pre-existing condition limitations. If you re-enroll in Long-Term Disability, you
will be subject to pre-existing condition limitations as of the reinstatement date. If you re-enroll
in Long-Term Care coverage, you will have the same per-day benefit but will pay premiums
based on your current age rather than the age when first enrolled. (31.03.05)

You should notify your supervisor immediately when you need leave for an FMLA-eligible
condition. Your supervisor will notify the Human Resource Department, which will send you
more information on FMLA, including information on the type of medical documentation you
will need if the leave is for a serious health condition.


                              PARENTAL LEAVE  

If you are not eligible for FMLA leave, you are entitled to parental leave for up to 12 weeks
immediately following the birth of a child or adoption or foster care placement of a child younger
than three years. Your job is protected while you are on parental leave.

While on parental leave, you must use your FLSA and state compensatory time and paid leave,
including any sick leave pool time, for which you are eligible. Once your compensatory time and
paid leave are exhausted, you will be placed on leave without pay until you return to work.

If you must be on leave without pay while you are on parental leave, your job protection will
continue, but you will not receive the state contribution toward your insurance coverage. You are
responsible for paying the entire premiums if you wish to keep your insurance coverage. When
you return from parental leave, you may re-enroll in any benefit plan you dropped without
providing evidence of good health. If you re-enroll in Long-Term Disability, you will be subject
to pre-existing condition limitations as of the reinstatement date. If you re-enroll in Long-Term
Care coverage, you will have the same per-day benefit but will pay premiums based on your
current age rather than the age when first enrolled. (31.03.05)

You should notify your supervisor as soon as you know you will need to be on parental leave. You
also will need to provide required documentation.



                             OTHER PAID LEAVE  

You are entitled to leave with pay in limited amounts in the following circumstances:

        • death of your spouse or your (or your spouse’s) child, parent, brother, sister,
        grandparent or grandchild (your department head will determine the amount of time
        granted);
        • unsafe work or travel conditions (as approved by the Director);
        • emergency evacuation order;
        • attendance at meetings held by the Texas Department of Family and Protective Services
        or school district admission, review and dismissal meetings regarding a child under your
        foster care;
       • jury duty (you do not have to account for any compensation you receive while
       participating in jury service);
       • training for volunteer firefighting and emergency medical services or to answer an
       emergency call;
       • assistance animal training if you are disabled;
       • participation in disaster relief if you are a certified disaster service volunteer (or in
       training to become a volunteer) of the American Red Cross;
       • administrative leave as a reward for excellent performance; or
       • other circumstances approved by the Director when you show good cause for such a
       leave and have used your eligible paid leave and compensatory time (31.03.03)


                              MILITARY LEAVE  

Leaves of absence are granted for military training and active duty. Military leave is
generally unpaid. However, if you are a member of the state military forces or reserves,
you will be granted paid leave for up to 15 days each federal fiscal year (October 1 –
September 30) for military training or duty. You will also be entitled to emergency leave
with pay if you are a member of the National Guard called to emergency active duty by
the Governor. If possible, you must notify your supervisor in advance of your need for
military leave. You will be re-employed in most circumstances if your military leave
lasts five years or less. For more information about military leave, see the brochure, A
Call to Arms: A Guide to Military Leave, available online
http://tamus.edu/offices/shro/publications/ . (31.03.04 and 31.03.06)



                                UNPAID LEAVE  

If you have used all of your paid leave and compensatory time, you may apply for leave
without pay. Leave without pay is not an entitlement (except for military duty) and may
or may not be granted. In most cases, leave without pay will not exceed 12 months.
(31.03.04)


                   LEAVE FORMS AND RECORDS  

Before taking leave you must request leave in LeaveTraq, if possible, or as soon as you
return and submit it to your immediate supervisor for approval. The LeaveTraq website is
available at https://sso.tamu.edu. If requesting Emergency Leave or Leave without Pay
this leave is to be completed on a Request for Leave Form
http://tfsfinance.tamu.edu/modules/finance/admin/procedures/Request%20for%20Person
al%20Leave%20HR-48.doc that will need to be approved by your supervisor and then
submitted to the Associate Director and Director for approval. The Director’s Office
requires the request on the original form only.