85R3289 TSR-D
By: Creighton S.B. No. 2018
A BILL TO BE ENTITLED
AN ACT
relating to the donation of sick leave by state employees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 661.002(a), Government Code, is amended
to read as follows:
(a) The governing body of a state agency shall, through the
establishment of a program, allow an agency employee to voluntarily
transfer to a sick leave pool:
(1) sick leave earned by the employee; and
(2) sick leave donated to the employee under Section
661.207.
SECTION 2. Section 661.003(a), Government Code, is amended
to read as follows:
(a) An employee may contribute to the sick leave pool:
(1) one or more days of the employee's accrued sick
leave; and
(2) sick leave donated to the employee under Section
661.207.
SECTION 3. Section 661.207, Government Code, is amended to
read as follows:
Sec. 661.207. DONATION OF SICK LEAVE. (a) An employee may
donate any amount of the employee's accrued sick leave to another
employee who is:
(1) [is] employed in the same state agency as the donor
employee; and
(2) eligible to receive donated sick leave under
Subsection (b) [has exhausted the employee's sick leave, including
any time the individual may be eligible to withdraw from a sick
leave pool].
(b) An employee is eligible to receive donated sick leave
under this section if:
(1) the employee complies with Subsection (c); and
(2) the administrative head of the employee's
employing agency determines that:
(A) the employee is experiencing a medical
emergency or is caring for a member of the employee's immediate
family who is experiencing a medical emergency; and
(B) as a result of the medical emergency, the
employee has exhausted all paid leave available to the employee,
including any time the employee is eligible to withdraw from a sick
leave pool.
(c) An employee who requests donated sick leave under this
section must provide the administrative head of the employing
agency with a written statement from the licensed practitioner who
is treating the employee or a member of the employee's immediate
family. The statement must provide sufficient information
regarding the condition of the employee or the employee's family
member to enable the administrative head to determine whether the
employee or the employee's family member is experiencing a medical
emergency.
(d) An employee may not provide or receive remuneration or a
gift in exchange for a sick leave donation under this section.
(e) Notwithstanding any other law, an [(c) An] employee
who receives donated sick leave under this section may not[:
[(1) use sick leave donated to the employee under this
section except as provided by Sections 661.202(d) and (e); or
[(2) notwithstanding any other law,] receive service
credit in the Employees Retirement System of Texas for any sick
leave donated to the employee under this section that is unused on
the last day of that employee's employment.
(f) For purposes of this section, a person is a member of an
employee's immediate family if the person would be considered a
member of the employee's immediate family under Section 661.202(d).
(g) [(d)] In this section:
(1) "Employee" [, "employee"] and "state agency" have
the meanings assigned by Section 661.001.
(2) "Medical emergency" means a severe medical
condition that:
(A) affects the mental or physical health of an
employee or a member of the employee's immediate family;
(B) requires treatment by a licensed
practitioner; and
(C) requires the employee's prolonged absence
from work.
SECTION 4. The change in law made by this Act applies only
to a donation of sick leave that is made on or after the effective
date of this Act. A donation of sick leave made before the
effective date of this Act is governed by the law in effect when the
sick leave was donated, and the former law is continued in effect
for that purpose.
SECTION 5. This Act takes effect September 1, 2017.