Texas Administrative Code › Title 43 - TRANSPORTATION › Part 1 - TEXAS DEPARTMENT OF TRANSPORTATION › Chapter 4 - EMPLOYMENT PRACTICES › Subchapter E - SICK LEAVE POOL PROGRAM › Section 4.51 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in the sections
					 under this subchapter, shall have the following meanings, unless the context
					 clearly indicates otherwise.
(1)
				  Catastrophic illness or injury--A severe condition or combination of conditions
				  affecting the mental or physical health of an employee or an employee's
				  immediate family member that requires the services of a health care provider
				  for a prolonged period of time and that forces the employee to exhaust all paid
				  leave earned by that employee.
(2)
				  Contribute--To give sick leave from an employee's personal sick leave account
				  to the agency sick leave pool or to a specific employee.
(3) Different but related condition--A
				  secondary catastrophic condition that occurs at a later date and is caused by a
				  primary catastrophic condition such as cancer, which spreads from one part of
				  the body to another.
(4)
				  Discipline--Written reprimand, probation, suspension without pay, involuntary
				  demotion, involuntary transfer (lateral), or disciplinary reduction in
				  pay.
(5) Employee--A person, other
				  than the executive director, who is employed by the department.
(6) Health care provider--A medical doctor
				  (MD) or a doctor of osteopathy (DO) who is licensed and authorized to practice
				  in this country or in a country other than the United States in accordance with
				  the law of that country, and who is performing within the scope of his or her
				  practice as defined under applicable law.
(7) Human resources officer--An employee with
				  a human resources business job title and who is responsible for verifying the
				  accuracy of all employee paid leave records. If more than one employee has
				  these responsibilities, their activities will be coordinated for the purpose of
				  this subchapter.
(8) Immediate
				  family--Individuals related by kinship, adoption, or marriage who are living in
				  the same household, foster children living in the same household and certified
				  by the Texas Department of Family and Protective Services, or a spouse, child,
				  or parent of the employee who does not live in the same household and who needs
				  care and assistance as a direct result of a documented medical
				  condition.
(9)
				  Incapacitated--Unable to perform the individual's normal daily activities,
				  including working and activities that are fundamental for self care such as
				  dressing, eating, ambulating, toileting, and hygiene, due to the catastrophic
				  medical condition.
(10) Licensed
				  psychiatrist--A psychiatrist licensed by a state medical licensing
				  board.
(11) Paid Leave--Accrued
				  sick leave, annual leave, and regular or Fair Labor Standards Act compensatory
				  time earned by an employee.
(12)
				  Pool administrator--The Director of the Human Resources Division or designee
				  who administers the department's sick leave pool program.
(13) Request--A Sick Leave Pool
				  Contribution/Withdrawal of Contribution form prescribed by the pool
				  administrator and used to contribute sick leave, request leave from the sick
				  leave pool or request an extension of a withdrawal due to a catastrophic
				  illness or injury.
(14) Severe
				  physical condition--A physical illness or injury that will likely result in
				  death or causes the patient to be incapacitated for 12 continuous weeks or more
				  for the current episode.
(15)
				  Severe psychological condition--A psychological illness that results in:
(A) a patient being suicidal or capable of
				  harming themselves or others and requires five days or more inpatient
				  hospitalization; or
(B)
				  electroshock treatment.