DEC(LEGAL) - COMPENSATION AND BENEFITS: LEAVES AND ABSENCES

Note: This policy addresses leaves in general. For provisions regarding the Family and Medical Leave Act (FMLA), including FML for an employee seeking leave because of a relative's military service, see DECA. For provisions addressing leave for an employee's military service, see DECB.

State Leave

State Personal Leave

State Sick Leave (Accumulated Prior to 1995)

  1. Illness of the employee.
  2. Illness of a member of the employee's immediate family.
  3. Family emergency.
  4. Death in the employee's immediate family.
  5. During military leave [see Use During Military Leave, below].

Former Education Service Center Employees

Order of Use

Use During Military Leave

Temporary Disability

At Employee's Request

  1. Be accompanied by a physician's statement confirming inability to work;
  2. State the date requested by the educator for the leave to begin; and
  3. State the probable date of return as certified by the physician.

By Board Authority

Return to Active Duty

Notice

Placement

Length of Absence

Sick Leave Different from Temporary Disability Leave

Assault Leave

  1. Could be prosecuted for assault; or
  2. Could not be prosecuted for assault only because the person's age or mental capacity makes the person a nonresponsible person for purposes of criminal liability.

Notice of Rights

Assignment to Assault Leave

Coordination with Workers' Compensation Benefits

Religious Observances

Compliance with a Subpoena

Note: A Texas federal court held that by omitting any reference to governmental entities from Labor Code 52.051, the state legislature intended to exclude governmental entities from the definition of "employer" contained within that section. Therefore, the statute did not waive a county's governmental immunity from liability for claims of retaliatory discharge of an employee for complying with a subpoena. Alcala v. Texas Webb County, 620 F. Supp. 2d 795 (S.D. Tex. 2009)

Jury Duty

Attendance at Truancy Hearing

Developmental Leaves of Absence

Leave for Sick Foster Child

  1. The employer administers a leave policy under which an employee is entitled to personal leave to care for or otherwise assist the employee's sick child; and
  2. The leave policy does not treat in the same manner as an employee's biological or adopted minor child any foster child of the employee who:
    1. Resides in the same household as the employee; and
    2. Is under the conservatorship of the Texas Department of Family and Protective Services.

Absence Control

Henrietta ISD

DEC(LEGAL)-P

UPDATE 113

DATE ISSUED: 6/6/2019