county employees can pool donated leave

The text as introduced · 1,033 words

89R4444 SCL-D

By: Blanco
S.B. No. 1002

A BILL TO BE ENTITLED

AN ACT

relating to the establishment of a county employee family leave

pool program.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 157, Local Government Code, is amended

by adding Subchapter E-1 to read as follows:

SUBCHAPTER E-1. COUNTY EMPLOYEE FAMILY LEAVE POOL PROGRAM

Sec. 157.081. DEFINITIONS. In this subchapter:

(1) "Family leave pool" means a county employee family

leave pool created under a program.

(2) "Pool administrator" means the individual

responsible for administering a family leave pool.

(3) "Program" means a county employee family leave

pool program established under this subchapter.

Sec. 157.082. ESTABLISHMENT OF COUNTY EMPLOYEE FAMILY LEAVE

POOL PROGRAM. (a) The commissioners court of a county by order may

establish a program to allow an employee of the county to

voluntarily transfer sick or vacation leave time earned by the

employee to a county employee family leave pool.

(b) A program established under this section must:

(1) create a county employee family leave pool; and

(2) at a minimum comply with the provisions of this

subchapter.

(c) If a program is established for a county under this

section, the county judge of the county shall:

(1) serve as the pool administrator of the family

leave pool for the county; or

(2) appoint an individual to serve as the pool

administrator of the family leave pool for the county.

Sec. 157.083. CONTRIBUTION TO FAMILY LEAVE POOL. (a) A

county employee may contribute to the family leave pool of the

county that employs the employee one or more days of the employee's

accrued sick or vacation leave.

(b) The pool administrator for a county shall credit the

county's family leave pool with the amount of time contributed by a

county 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 county 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 family leave pool of the county that employs the

retiring employee.

Sec. 157.084. USE OF TIME IN POOL. (a) A county employee is

eligible to use time contributed to the family leave pool of the

county 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 county 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, father, 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. 157.085. WITHDRAWAL OF TIME FROM POOL. (a) A county

employee may apply to the pool administrator for the county that

employs the employee for permission to withdraw time from the

county's family leave pool.

(b) A county employee who applies to withdraw time under

this section because of a serious illness, including a

pandemic-related illness, of the employee or an immediate family

member of the employee and does not qualify for or has exhausted

time available in the sick leave pool of the county that employs the

employee, if applicable, must provide the county's pool

administrator with a written statement from the licensed

practitioner who is treating the employee or the employee's

immediate family member.

(c) A county employee who applies to withdraw time under

this section because of an extenuating circumstance created by an

ongoing pandemic, including providing essential care to a family

member, must provide any applicable documentation, including an

essential caregiver designation, proof of closure of a school or

daycare, or other appropriate documentation to the pool

administrator for the county that employs the employee.

(d) If a pool administrator determines a county employee is

eligible to withdraw time under this section, the administrator

shall:

(1) approve the transfer of time from the county's

family leave pool to the employee; and

(2) credit the time to the employee.

Sec. 157.086. LIMITATION ON WITHDRAWALS. (a) A county

employee may not withdraw time from the family leave pool of the

county that employs the employee 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 for a

county shall determine the amount of time that a county employee may

withdraw from the county's family leave pool.

Sec. 157.087. EQUAL TREATMENT. A county employee absent

while using time withdrawn from the family leave pool of the county

that employs the employee 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. 157.088. NO ENTITLEMENT TO ESTATE. The estate of a

deceased county employee is not entitled to payment for unused time

withdrawn by the employee from the family leave pool of the county

that employs the employee.

SECTION 2. This Act takes effect immediately if it receives

a vote of two-thirds of all the members elected to each house, as

provided by Section 39, Article III, Texas Constitution. If this

Act does not receive the vote necessary for immediate effect, this

Act takes effect September 1, 2025.