Chapter 16: Leave Pools
This policy is to provide guidance on the applicability and use of Sick Leave Pool and Family Leave Pool, as they pertain to eligible employees of the University. Specifically, this policy applies to any employee who is appointed to work at least twenty (20) hours per week for a period of at least four and one-half (4 1/2) months. For purposes of this policy, faculty must be appointed for at least fifty percent (50%) time for at least four and one-half (4 1/2) continuous months. Students employed in positions that require student status as a condition of employment are not covered by this policy.
16.1 Sick Leave Pool
16.1.1 Purpose. In order to alleviate the hardship caused to an employee and the employee's family arising from a potential loss of compensation when a catastrophic illness or injury requires the employee to exhaust all accrued leave time, employees of the University are eligible to apply to use time from the Sick Leave Pool.
16.1.2 Eligibility. Employees are eligible to apply to withdraw time from the Sick Leave Pool when all of the following conditions are met:
a. The employee or employee's immediate family has a catastrophic illness or injury;
b. The employee has exhausted all accrued sick leave due to a catastrophic illness or injury;
c. The employee has exhausted all accrued paid leave, including compensatory time, due to a catastrophic illness or injury;
d. The employee has been, or will be, placed on leave without pay for at least 8 hours (1 work day);
e. The employee has not exhausted the maximum award of Sick Leave Pool hours per catastrophic illness or injury; and
f. The condition is not an on-the-job injury covered by Workers’ Compensation Insurance.
16.1.3 Contribution of Time. Any University employee eligible to earn and accrue sick leave may contribute time to the Sick Leave Pool.
16.1.3.1 An eligible employee may transfer/contribute unlimited hours to the Sick Leave Pool in units of eight (8) hours by submitting a transfer form to the HR Leave Administrator in the Office of Human Resources. Retiring employees are also permitted to contribute to the Sick Leave Pool and may do so in increments of less than eight (8) hours. The HR Leave Administrator shall credit the pool with the sick leave contributed by an employee and shall deduct a corresponding amount from that employee's accrued sick leave balance.
16.1.3.2 Although contributions are voluntary, employees who leave State employment are encouraged to contribute to the pool, unless there is a possibility that they will be re-employed by the State within twelve (12) months and thereby remain eligible to have their sick leave balance restored.
16.1.4 Withdrawal of Time. An eligible employee may apply with the HR Leave Administrator for an allocation of time from the Sick Leave Pool for use arising from a catastrophic illness or injury of the employee or the employee’s immediate family, as defined by State law.
16.1.4.1 All requests to use leave from the Sick Leave Pool shall be accompanied by a licensed practitioner's statement specifying the nature of the illness or injury and the approximate duration of the absence.
16.1.4.2 If the application is approved, the employee may use sick leave assigned from the pool in the same manner as sick leave earned and accrued by the employee pursuant to State law and shall be treated for all purposes in the same manner as if the employee were absent on earned sick leave.
16.1.4.3 The maximum award per catastrophic illness or injury is 720 hours. The maximum award is proportionate to an employee’s appointment (full time or part time).
16.1.4.4 An employee is also eligible to receive sick leave from the pool if the HR Leave Administrator finds that the employee has exhausted all accrued sick leave because of a previous donation of sick leave to the pool. In such cases, the donor employee is not required to exhaust vacation leave before requesting withdrawal of sick leave from the pool. The HR Leave Administrator will track and maintain these leave balances to report back to the department the remaining balance of leave held by the employee.
16.1.5 Required Documentation. Application for Sick Leave Pool must be accompanied by a statement from the licensed medical practitioner providing treatment for the catastrophic illness or injury that resulted in the exhaustion of accrued sick leave. The medical practitioner’s statement must provide sufficient information regarding the catastrophic illness or injury to enable the HR Leave Administrator to evaluate the employee's eligibility.
16.1.6 Unused Leave. The estate of a deceased employee is not entitled to payment for unused time acquired by the employee from the Sick Leave Pool, and any such unused leave will revert back to the Sick Leave Pool.
16.2 Family Leave Pool
16.2.1 Purpose. To provide eligible employees more flexibility in:
a. Bonding with and caring for children during a child's first year following birth, adoption, or foster placement;
b. Caring for a seriously ill family member or the employee, including pandemic-related illnesses or complications caused by a pandemic; and
c. Allowing eligible employees to apply for leave time under the Family Leave Pool.
16.2.2 Eligibility. Employees are eligible to apply to withdraw time from the Family Leave Pool if the employee has exhausted their eligible compensatory, sick, and vacation leave due to:
a. the birth of a child;
b. the placement of a foster child or adoption of a child under 18 years of age;
c. the placement of any person 18 years of age or older requiring guardianship;
d. a serious illness to an immediate family member or the employee, including a pandemic-related illness;
e. an extenuating circumstance created by an ongoing pandemic, including providing essential care to a family member; or
f. a previous donation of time to the pool.
16.2.3 Contribution of Time. Any University employee who is eligible to earn and accrue sick leave and vacation leave may contribute time to the Family Leave Pool.
16.2.3.1 An eligible employee may contribute one or more days of the employee's accrued sick leave or vacation leave to the Family Leave Pool. Contributions to each pool must be in units of eight (8) hours. Employees are permitted to contribute an unlimited number of hours to the Family Leave Pool at any given time.
16.2.3.2 The HR Leave Administrator shall credit the Family Leave Pool with the amount of time contributed by an eligible employee and deduct a corresponding amount of time from the employee's earned sick leave or vacation leave as if the employee had used the time for personal purposes.
16.2.3.3 A retiring employee may designate the number of the retiring employee's accrued sick leave or vacation leave hours to be used for retirement credit and the number of the retiring employee's accrued sick leave or vacation leave hours to be donated upon retirement to the Family Leave Pool.
16.2.3.4 Sick leave or vacation leave contributed to the Family Leave Pool may not be designated for the use of a specific person.
16.2.4 Withdrawal of Time.
16.2.4.1 Eligible employees may apply to withdraw time from the Family Leave Pool if:
a. The withdrawal from the pool qualifies under one of the bases listed in section 16.2.2 above, and the employee does not qualify for or has exhausted time available in the Sick Leave Pool. The employee must provide the HR Leave Administrator with a written statement from the licensed practitioner who is treating the employee or employee's immediate family member.
b. If the withdrawal is due to an extenuating circumstance per section 16.2.2(e), the employee must provide the HR Leave Administrator with any applicable documentation, including an essential caregiver designation, proof of closure of a school or daycare, or other appropriate documentation.
16.2.4.2 Eligible employees may not withdraw time from the Family Leave Pool in an amount that exceeds the lesser of:
a. one-third of the total time in the pool; or
b. 90 days (720 hours)
16.2.4.3 The HR Leave Administrator shall verify and determine the amount of time that an eligible employee may withdraw from the pool. Decisions regarding withdrawals from the Family Leave Pool shall be final.
16.2.4.4 Applications to use pool leave are processed on a first-come, first-served basis.
16.2.4.5 When an employee returns to work, any unused hours revert back to the pool.
16.2.5 Required Documentation. An eligible employee who applies to use time to care for an individual must submit and be listed on the individual’s birth certificate, birth facts, 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, adoptive parent, or foster parent. If the individual requiring care is 18 years of age or older and subject to guardianship, the employee must provide documentation that the employee is the guardian.
16.2.5.1 If an employee is seeking permission to withdraw time because of a serious illness, including a pandemic-related illness, of the employee or an immediate family member and the employee does not qualify for or has exhausted time available in the Sick Leave Pool, the employee must provide a written statement from the licensed practitioner who is treating the employee or immediate family member.
16.2.5.2 If an employee is seeking permission to withdraw time because of an extenuating circumstance created by an ongoing pandemic, including providing essential care to a family member, the employee must provide any applicable documentation, including an essential caregiver designation, proof of closure of a school or daycare, or other appropriate documentation.
16.2.6 Unused Leave. The estate of a deceased employee is not entitled to payment for unused time acquired by the employee from the Family Leave Pool, and any such unused leave will revert back to the pool. Where an employee does not use all of the Family Leave Pool hours granted, the employee does not retain the unused hours for later use. Unused Family Leave Pool hours may not be donated to another employee or to the Sick Leave Pool. Unused Family Leave Pool hours are not transferrable to another state agency.
16.3 Definitions
Catastrophic illness or injury – is a severe condition or combination of conditions affecting the mental or physical health of the employee or a member of the employee's immediate family that requires the services of a licensed practitioner for a prolonged period of time, and requires the employee to exhaust all leave time earned by that employee and therefore lose compensation from the University until the employee is able to return to work.
Eligible employee - is an employee who is employed for at least 20 hours per week for a continuous period of at least four and one-half months, and who is not employed in a position for which student status is required as a condition of employment.
Immediate family - is defined by Texas Government Code, Chapter 661 and includes individuals related by kinship, adoption, marriage, or foster children who are so certified by the Texas Department of Human Services who are living in the same household or, if not in the same household, are totally dependent upon the employee for personal care or services on a continuing basis.
Licensed practitioner - means a licensed physician or other licensed health care professional practitioner who is practicing within the scope of his or her license.
16.4 Resources
16.4.1 Relevant State Statutes
Texas Government Code, Section 661.022 – State Employee Family Leave Pool
Texas Education Code, Section 51.961 – Leave Provisions for Employees
16.4.2 Additional Resources
UT System Board of Regents Rule 30203, Sick Leave Pool
UT System Board of Regents Rule 30204, Family Leave Pool