Title GV, Government Code

Sec. 661.005. WITHDRAWAL OF TIME FROM POOL. (a) An employee may apply to the pool administrator for permission to withdraw time from the sick leave pool. (b) If the employee is seeking permission to withdraw time because of a catastrophic illness or injury, the employee must prov…

Sec. 661.006. LIMITATION ON WITHDRAWALS. (a) An employee may not withdraw time from the sick leave pool except in the case of catastrophic illness or injury of the employee or the employee's immediate family. (b) An employee may not withdraw time from the sick leave pool in an am…

Sec. 661.007. EQUAL TREATMENT. An employee absent on time withdrawn from the sick leave pool may use the time as sick leave earned by the employee, and the employee is treated for all purposes as if the employee were absent on earned sick leave. Added by Acts 1993, 73rd Leg., ch.…

Sec. 661.008. NO ENTITLEMENT TO ESTATE. The estate of a deceased employee is not entitled to payment for unused time withdrawn by the employee from the sick leave pool. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993. SUBCHAPTER A-1. STATE EMPLOYEE FAMILY LEAVE…

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…

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 a…

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 …

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 o…

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-rel…

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 determi…

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. Added by Acts 2021…

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. Added by Acts 2021, 87th Leg., R.S., Ch. 684 (H.B. 2063), Sec. 1, eff. September 1, 2021. SUBCHAPTER B.…

Sec. 661.031. DEFINITIONS. In this subchapter: (1) "National holiday" includes only those days listed under Section 662.003(a). (2) "State employee" means an individual who is an appointed officer or employee of a state agency and who normally works 900 hours or more a year. The …

Sec. 661.032. APPLICABILITY OF SUBCHAPTER. (a) This subchapter applies only to a state employee who, at any time during the employee's lifetime, has accrued six months of continuous state employment. State employment is continuous while the employee is entitled to be paid a regul…

Sec. 661.033. PAYMENT FOR VACATION AND SICK LEAVE. (a) When a state employee dies, the state shall pay the employee's estate for the balances of the employee's: (1) vacation leave; and (2) sick leave. (b) Payment under this section shall comply with any limits in the General Appr…

Sec. 661.034. COMPUTATION OF PAYMENT. (a) The payment to the estate of the deceased state employee shall be computed by multiplying the employee's hourly rate of compensation at the time of death by the total number of leave hours determined under Section 661.035. (b) Under this …

Sec. 661.035. COMPUTATION OF TOTAL ACCUMULATED LEAVE; HOLIDAY TIME. (a) For a state employee who at the time of death is normally scheduled to work at least 40 hours a week, eight hours is to be added to the employee's sick and vacation leave under Section 661.034 for each state …

Sec. 661.036. PAYMENT CHARGED TO CERTAIN FISCAL YEAR. A state agency shall charge a payment required by Section 661.033 to the fiscal year in which the state employee dies. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 661.037. PAYMENT WITH FUNDS APPROPRIATED FOR SALARIES. A state agency shall use funds appropriated to the agency for salaries to make a payment required by Section 661.033. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 661.038. RULES. The comptroller may establish procedures and adopt rules to administer this subchapter. Added by Acts 1997, 75th Leg., ch. 1035, Sec. 17, eff. June 19, 1997. SUBCHAPTER C. PAYMENT FOR VACATION TIME TO STATE EMPLOYEES WHO SEPARATE FROM STATE EMPLOYMENT

Sec. 661.061. DEFINITIONS. In this subchapter: (1) "National holiday" includes only those days listed under Section 662.003(a). The term does not include a national holiday on which a state employee is not entitled to a paid day off from work under Section 662.005. (2) "State emp…

Sec. 661.062. ENTITLEMENT TO PAYMENT FOR VACATION TIME. (a) A state employee who, at any time during the employee's lifetime, has accrued six months of continuous state employment and who resigns, is dismissed, or otherwise separates from state employment by a state agency other …

Sec. 661.063. COMPUTATION OF PAYMENT. (a) Except as provided by Subsection (b), the payment to a state employee under this subchapter shall be computed by multiplying the employee's rate of compensation on the date of separation from state employment by the total number of hours …

Sec. 661.064. COMPUTATION OF TOTAL ACCUMULATED LEAVE; HOLIDAY TIME. (a) This subsection applies except as provided by Subsection (c). For a state employee who on the date of separation is normally scheduled to work at least 40 hours a week, eight hours are to be added to the empl…

Sec. 661.065. LUMP-SUM PAYMENT. A state agency shall make a payment required by this subchapter in a lump sum, except as provided by Section 661.067. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 661.066. PAYMENT CHARGED TO CERTAIN FISCAL YEAR. A state agency shall charge a lump-sum payment required by this subchapter to the fiscal year in which the state employee's separation from state employment becomes effective. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, ef…

Sec. 661.067. AGREEMENT FOR STATE EMPLOYEE TO REMAIN ON AGENCY PAYROLL. (a) A state agency may agree to permit an employee entitled to payment under this subchapter to remain on the agency's payroll to exhaust the employee's accrued vacation time. (b) A state employee who remains…

Sec. 661.068. RULES. The comptroller may establish procedures and adopt rules to administer this subchapter. Added by Acts 1997, 75th Leg., ch. 1035, Sec. 18, eff. June 19, 1997. SUBCHAPTER D. PAYMENTS FOR VACATION TIME TO CONTRIBUTING MEMBERS OF EMPLOYEES RETIREMENT SYSTEM WHO R…

Sec. 661.091. PAYMENT FOR VACATION TIME ON RETIREMENT. (a) A contributing member of the Employees Retirement System of Texas who retires is entitled to a lump-sum payment, from funds of the agency or department from which the member retires, for the member's accrued vacation time…

Sec. 661.092. COMPUTATION OF PAYMENT. A payment required by this subchapter shall be computed as if the member had taken vacation time, using the member's rate of compensation as of the date of retirement. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 661.093. CONFLICT WITH OTHER SUBCHAPTER. Subchapter C of this chapter controls if there is a conflict between Subchapter C and this subchapter. Added by Acts 1993, 73rd Leg., ch. 268, Sec. 1, eff. Sept. 1, 1993.

Sec. 661.094. RULES. The comptroller may establish procedures and adopt rules to administer this subchapter. Added by Acts 1997, 75th Leg., ch. 1035, Sec. 19, eff. June 19, 1997. SUBCHAPTER E. VACATION FOR HOURLY OR DAILY STATE EMPLOYEE

Sec. 661.121. VACATION FOR HOURLY OR DAILY EMPLOYEE. (a) A state department, institution, or agency may grant a vacation with full pay to an employee: (1) whose pay is computed by the hour or by the day; and (2) who has been continuously employed by the state for six months. (b) …

Sec. 661.151. STATE AUDITOR INTERPRETATION. (a) The state auditor shall provide a uniform interpretation of this subchapter and Subchapters G and Z. (b) The state auditor shall report to the governor and the legislature any state agency or institution of higher education that pra…

Sec. 661.152. ENTITLEMENT TO ANNUAL VACATION LEAVE. (a) A state employee is entitled to a vacation in each fiscal year without a deduction in salary, except for a state employee who is: (1) an employee of an institution of higher education as defined by Section 61.003, Education …

Sec. 661.153. TRANSFER OF VACATION LEAVE BALANCE. A state employee who transfers directly from one state agency to another is entitled to credit by the agency to which the employee transfers for the unused balance of the employee's accumulated vacation leave, if the employee's em…

Sec. 661.154. VACATION LEAVE FOR LEGISLATIVE EMPLOYEES. Vacation leave for employees of the legislative branch, including employees of the lieutenant governor, is determined as follows: (1) for employees of either house of the legislature, a member of the legislature, or the lieu…

Sec. 661.201. APPLICABILITY. (a) Sick leave for employees of the legislative branch, including employees of the lieutenant governor, is determined as follows: (1) for employees of either house of the legislature, a member of the legislature, or the lieutenant governor, by the pre…

Sec. 661.202. ENTITLEMENT TO SICK LEAVE; GENERAL PROVISIONS AND PROCEDURES. (a) A state employee is entitled to sick leave without a deduction in salary in accordance with this subchapter. (b) In this subsection, duty day means an employee's last physical day on the job. An emplo…

Sec. 661.203. FACULTY AT INSTITUTIONS OF HIGHER EDUCATION. A faculty member at an institution of higher education as defined by Section 61.003, Education Code, must submit prescribed leave forms for all sick leave the faculty member takes if the absence occurs during the normal w…

Sec. 661.204. TRANSFER OF SICK LEAVE BALANCE. A state employee who transfers directly from one state agency to another is entitled to credit by the agency to which the employee transfers for the unused balance of the employee's accumulated sick leave, if the employee's employment…

Sec. 661.205. RESTORATION OF SICK LEAVE ON REEMPLOYMENT IN CERTAIN CIRCUMSTANCES. (a) An employee who separates from employment with the state under a formal reduction in force is entitled to have the employee's sick leave balance restored if the employee is reemployed by the sta…

Sec. 661.206. EDUCATIONAL ACTIVITIES: USE OF SICK LEAVE. (a) This section applies to an employee who is a parent of a child who is a student attending a grade from prekindergarten through 12th grade. (b) An employee may use up to eight hours of sick leave each fiscal year to atte…

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: (1) is employed in the same state agency as the donor employee; and (2) has exhausted the employee's sick leave, including any time the indivi…

Sec. 661.251. DEFINITION. In this subchapter, "state agency" has the meaning assigned by Section 661.001. Added by Acts 2017, 85th Leg., R.S., Ch. 518 (S.B. 73), Sec. 1, eff. September 1, 2017.

Sec. 661.252. AGENCY POLICY. (a) A state agency shall adopt a policy governing leave for employees under this chapter. (b) The policy must provide clear and objective guidelines to establish under what circumstances an employee of the agency may be entitled to or granted each typ…