DEB(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 family and medical leave for an employee seeking leave because of a relative's military service, see DEBA. For provisions addressing leave for an employee's military service, see DEBB.

Transferability of Leave

Education Code 8.007

Pregnancy

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)

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 (DFPS).

Absence Control

Education Service Center, Region 2

DEB(LEGAL)-ESCA

UPDATE 25

DATE ISSUED: 7/9/2020