H.B. No. 2063
AN ACT
relating to the establishment of a state employee family leave
pool.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 661, Government Code, is amended by
adding Subchapter A-1 to read as follows:
SUBCHAPTER A-1. STATE EMPLOYEE FAMILY LEAVE POOL
Sec. 661.021. PURPOSE. The purpose of the state employee
family leave program is to:
(1) provide eligible state employees more flexibility
in:
(A) bonding with and caring for children during a
child's first year following birth, adoption, or foster placement;
and
(B) caring for a seriously ill family member or
the employee, including pandemic-related illnesses or
complications caused by a pandemic; and
(2) allow employees to apply for leave time under the
family leave pool.
Sec. 661.022. GUIDELINES. (a) The governing body of a
state agency shall, through the establishment of a program, allow
an agency employee to voluntarily transfer sick or vacation leave
earned by the employee to a family leave pool.
(b) The executive head of the state agency or another
individual appointed by the governing body shall administer the
family leave pool.
(c) The governing body of the state agency shall adopt rules
and prescribe procedures relating to the operation of the agency
family leave pool.
Sec. 661.023. CONTRIBUTION TO FAMILY LEAVE POOL. (a) A
state employee may contribute to the family leave pool one or more
days of the employee's accrued sick or vacation leave.
(b) The pool administrator shall credit the family leave
pool with the amount of time contributed by a state employee and
deduct a corresponding amount of time from the employee's earned
sick or vacation leave as if the employee had used the time for
personal purposes.
(c) A retiring state employee may designate the number of
the retiring employee's accrued sick or vacation leave hours to be
used for retirement credit and the number of the retiring
employee's accrued sick or vacation leave hours to be donated on
retirement to the sick or family leave pool.
Sec. 661.024. USE OF TIME IN POOL. (a) A state employee is
eligible to use time contributed to the family leave pool of the
state agency that employs the employee if the employee has
exhausted the employee's eligible compensatory, discretionary,
sick, and vacation leave because of:
(1) the birth of a child;
(2) the placement of a foster child or adoption of a
child under 18 years of age;
(3) the placement of any person 18 years of age or
older requiring guardianship;
(4) a serious illness to an immediate family member or
the employee, including a pandemic-related illness;
(5) an extenuating circumstance created by an ongoing
pandemic, including providing essential care to a family member; or
(6) a previous donation of time to the pool.
(b) A state employee who applies to use time under
Subsection (a) to care for another person must submit and be listed
on the other person's birth certificate, birth facts, or adoption
or foster paperwork for a child under 18 years of age, including
being listed as the mother, father, adoptive parent, foster parent,
or partner of the child's mother, adoptive parent, or foster
parent, or provide documentation that the employee is the guardian
of a person who is 18 years of age or older and requiring
guardianship.
Sec. 661.025. WITHDRAWAL OF TIME FROM POOL. (a) A state
employee may apply to the pool administrator for permission to
withdraw time from the family leave pool.
(b) If the state employee is seeking permission to withdraw
time because of a serious illness, including a pandemic-related
illness, of an immediate family member or the employee and does not
qualify for or has exhausted time available in the sick leave pool,
the employee must provide the pool administrator with a written
statement from the licensed practitioner who is treating the
employee or the employee's immediate family member.
(c) If the state employee is seeking permission to withdraw
time because of an extenuating circumstance created by an ongoing
pandemic, including providing essential care to a family member,
the employee must provide any applicable documentation, including
an essential caregiver designation, proof of closure of a school or
daycare, or other appropriate documentation.
(d) If the pool administrator determines the state employee
is eligible, the administrator shall:
(1) approve the transfer of time from the pool to the
employee; and
(2) credit the time to the employee.
Sec. 661.026. LIMITATION ON WITHDRAWALS. (a) A state
employee may not withdraw time from the family leave pool in an
amount that exceeds the lesser of:
(1) one-third of the total time in the pool; or
(2) 90 days.
(b) Subject to Subsection (a), the pool administrator shall
determine the amount of time that an employee may withdraw from the
pool.
Sec. 661.027. EQUAL TREATMENT. A state employee absent
while using time withdrawn from the family leave pool may use the
time as sick leave earned by the employee. The employee shall be
treated for all purposes as if the employee is absent on earned sick
leave.
Sec. 661.028. NO ENTITLEMENT TO ESTATE. The estate of a
deceased state employee is not entitled to payment for unused time
withdrawn by the employee from the family leave pool.
SECTION 2. This Act takes effect September 1, 2021.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2063 was passed by the House on May 5,
2021, by the following vote: Yeas 135, Nays 10, 1 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2063 was passed by the Senate on May
27, 2021, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor