Leave Policies for Texas
Public School Employees
As you read through this, remember
that there is more than one type of leave, and each
employee’s situation determines what type of leave
applies. Additionally, some situations can be
covered under several different leave categories and that different types of leave may run
concurrently.
- Available to all public school employees
- Full pay
- Employees are entitled to a minimum of five
personal-leave days per year.
- Cumulative from year to year
- Transferable from district to district
- May be used for any purpose
- Districts may impose restrictions on use of leave
for reasons other than sickness on certain days but may not impose restrictions based on the
reason leave is requested. For
example, district policies commonly prohibit personal leave during the first week of school, immediately
before or after a holiday, or during TAKS testing.
- Sick leave accumulated prior to Sep. 1, 1995, may be
used only in cases of personal illness, illness of a family
member, family emergency or death in the immediate family.
- Additional
local leave may be available, subject to local policy.
- Employees may consult employee handbooks or district policy manuals to find local policies explaining
available benefits and how
to apply for personal leave,
or they may request such information from districts’ personnel offices.
- Available to all employees who work for employers
with 50 or more employees
- Employee must have been employed at least 12
months and worked at least 1,250 hours during last
12-month period
- Leave is unpaid, unless accumulated personal or
sick leave is available
- Employees may take up to 12 workweeks of unpaid
leave in any 12-month period
- Leave may be taken for birth, adoption or
placement of a foster child, or serious health conditions affecting the employee or an immediate family member
- In cases of birth, adoption or placement of a foster
child, leave may be taken at any time up to one year from
the arrival of the child. If both spouses work for the
same employer, only one 12-week period may be taken
between the two spouses.
- In cases of serious health conditions affecting the employee or a
family member, leave may be taken intermittently when
necessary.
- Districts must continue to provide the same contributions to
health insurance premiums during the leave period that
were provided prior to the leave.
- If employee could have but fails to return to work at the end of
leave, he/she may be required to repay health insurance
benefits.
- Leave taken close to the end of a school term may
be extended by the district to the end of the term.
- May run concurrently with sick leave, temporary
disability leave and other paid leave
- Employee is entitled to return to same or
equivalent position as was held prior to leave
- Attendance bonuses may not be denied based on
absence for FMLA.
- Employees may consult employee handbooks or district policy manuals to find local FMLA policies explaining
available benefits and how to apply for leave, or they
may request such information from districts’ personnel offices.
- Available to all full-time public school educators
whose positions require a certificate
- Unpaid, unless accumulated sick or personal leave
is available
- May last up to 180 calendar days, or longer if
allowed by local district
- Available whenever physical or mental condition
interferes with performance of duties
- Can be used for medical complications and/or
physical recovery associated with pregnancy
- Condition must be verified by a licensed
physician or a Christian Science practitioner
- Request must be made to superintendent
and accompanied by physician’s statement
- Employees must give at least 30 days notice of
intent to return from leave along with a release from
physician.
- Employees must be returned to work at previous
campus as soon as a position is available but no later
than the beginning of the next school year.
- May run concurrently with family and medical
leave
- Districts do not have to continue the same
contributions to health insurance premiums during the
leave period that were provided prior to the leave, unless
the employee is also on FMLA leave.
- Employees may consult employee handbooks or local policy manuals to find local policies explaining
available benefits and how
to apply for temporary disability leave, or they may request such information from districts’
personnel offices.
- Employee may be placed on involuntary temporary disability leave when the school board
determines, in consultation with a doctor, that the employee's physical or mental condition
interferes with the performance of the employee's duties.
- May be paid if personal or sick leave is available
- May take unpaid leave under FMLA
- May take unpaid temporary disability leave for
the length of the mother’s physical recovery if physical conditions interfere with ability
to perform duties
- Local district policy may provide additional
benefits.
- Employees may consult employee handbooks or district policy manuals to find local policies explaining
available benefits and how
to apply for maternity leave, or they may request such information from districts’
personnel offices.
- Full pay if receiving both assault leave and workers’
compensation benefits, employees’ total benefits may not
be more than 100 percent of regular rate of pay
- Absences are not deducted from personal or sick leave.
- Available to any employee physically injured by
an assault during the performance of regular school duties
- May be taken for as long as is necessary to
recuperate from physical injuries (up to two calendar
years from date of assault)
- Employees must report all assaults promptly
- Shall not be denied based on the age
or disability of the individual causing the injury
- Districts must make reasonable accommodations for employees to participate in religious
observances or practices, including making leave available.
- Leave may be unpaid, unless personal leave is
available, although districts may provide paid
leave.
- Attendance bonuses may not be denied based upon
absence for religious observance.
- Employees may consult employee handbooks or district policy manuals to find local policies explaining
available benefits and how
to apply for religious observance leave, or they may request such information from districts’
personnel offices.
- Districts must provide leave to comply with court
orders (jury duty summons or subpoenas).
- Should be paid normal daily compensation for jury
duty
- Employees’ accumulated personal leave may not
be reduced for complying with a jury duty summons.
- Employee may not be retaliated against for
complying with a court order
- Employees who must comply with a court order may consult employee handbooks or district
policy manuals to find local policies explaining available benefits and how to apply for
court-order leave, or they
may request such information from districts’ personnel offices.
___________________________
The legal information provided on this Web site is for general purposes only. It is not intended as a substitute for
individual legal advice or the provision of legal services. Accessing this information does not create an
attorney-client relationship. Individual legal situations vary greatly and readers should consult directly with an
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