Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter E - SICK LEAVE POOL PROGRAM › Section 4.56 - Withdrawals

Current through Reg. 49, No. 28; July 12, 2024
(a) Restrictions.
(1) An employee or an employee's immediate
				  family must have a catastrophic illness or injury to be eligible to withdraw
				  from the pool. The patient's health care provider must certify in writing that
				  the illness or injury of the employee or member of the employee's immediate
				  family is catastrophic and that the catastrophic illness is the reason the
				  employee needs to be out of work.
(2) A written certification from a health
				  care provider must be submitted with all requests for withdrawals. Requests
				  related to severe psychological conditions must be certified by a licensed
				  psychiatrist. The certification:
(A) shall
				  include:
(i) the diagnosis and prognosis of
				  the condition or combination of conditions;
(ii) the date the employee or employee's
				  immediate family member will be able to return to activities of daily
				  living;
(iii) the amount of time
				  the employee will be needed to provide primary care if the certification is for
				  the employee's immediate family member; and
(iv) if the certification is for the
				  employee's immediate family member, the specific type of care the employee
				  needs to provide;
(B)
				  shall be in a form prescribed by the pool administrator; and
(C) is confidential, unless otherwise
				  required by law, and may only be released to the human resources
				  officer.
(3) With the
				  request for withdrawal, an employee who has been formally disciplined for abuse
				  of leave in the 12 months preceding the date on which the leave from the pool
				  will be needed must provide, at his or her expense, a second health care
				  provider certification from a different doctor chosen by the department. The
				  pool administrator will deny the request if the second health care provider
				  does not certify that a catastrophic condition exists.
(4) The employee must submit an updated
				  health care provider's certification that certifies that the catastrophic
				  illness or injury still exists, and that it is necessary for the employee to be
				  off work to recover or assist in the recovery from the catastrophic illness or
				  injury before an extension may be approved.
(5) An employee's use of a transfer from the
				  sick leave pool for family members not residing in that employee's household is
				  strictly limited to the time necessary to provide assistance to a spouse,
				  child, or parent of the employee who needs such care and assistance as a direct
				  result of a documented medical condition.
(6) The maximum number of hours that may be
				  granted per catastrophic condition per employee is 720 hours (90 work days) or
				  one third of the pool balance, whichever is less at the time a request is
				  received. If there is a different but related physical catastrophic condition,
				  an employee may receive a second grant of up to 720 hours (90 work days) or
				  one-third of the pool balance, whichever is less at the time the request is
				  received.
(7) When the pool balance
				  is below 7200 hours, an employee may not be transferred more than 340 hours
				  (approximately two months) per request, unless unpaid leave is incurred before
				  the request is approved. If unpaid leave is incurred, the employee may not be
				  transferred more than the sum of the unpaid leave and 340 hours. Additionally,
				  the pool administrator will approve or deny all requests in the order in which
				  they are received.
(8) The time
				  transferred will begin on the date and time the employee exhausted all paid
				  leave or, in cases that are eligible for workers' compensation payments, after
				  the period covered by the last workers' compensation check
				  distributed.
(9) An employee who
				  uses pool sick leave in accordance with this subchapter is not required to pay
				  back that leave.
(10) An employee
				  must exhaust all paid leave before using hours approved from the sick leave
				  pool.
(11) All withdrawals from the
				  pool must be used solely for the catastrophic illness or injury for which they
				  were granted.
(12) An employee who
				  is in need of additional sick leave after exhausting all paid leave shall
				  exhaust all available extended sick leave before using time granted from the
				  sick leave pool.
(13) An employee
				  who is injured on the job, who is entitled to receive workers' compensation
				  payments, and who chooses to integrate his or her sick leave, and vacation
				  leave, or compensatory time is also eligible to receive a withdrawal in
				  accordance with this subchapter.
(14) Hours from the sick leave pool may be
				  granted in a block of time and used on an as needed basis. The pool
				  administrator may require the unused hours to be returned to the pool after
				  such time has expired unless an immediate need for such leave still
				  exists.
(15) The pool administrator
				  may require the patient's condition to be recertified by a health care provider
				  on a monthly basis. If the employee is determined to be able to return to work
				  sooner than indicated on a previous certification, the pool administrator may
				  require the unused portion of a withdrawal to be returned to the pool. If the
				  employee fails to cooperate with recertification requirements and reevaluation
				  procedures, the pool administrator may deny the request or require the unused
				  portion of a withdrawal be returned to the sick leave pool.
(16) Unused sick leave from the pool shall be
				  returned to the pool when the need for such leave ceases to exist or the pool
				  administrator requires it in accordance with this subchapter.
(17) The estate of a deceased employee is not
				  entitled to payment for unused sick leave from the pool.