Handbook of Operating Procedures > Series 400 Budget, Finance and Operations > 4.18.10 Family Leave Pool

4.18.10 Family Leave Pool

A. Purpose

Provide eligible employees an additional leave option and flexibility to:

• Bond with and care for a child within the first year following birth, adoption, or foster placement; and
• Care for themself or their immediate family members due to a serious illness, including a pandemic-related illness or complications caused by a pandemic.

B. Authority/Persons Affected

The University of Texas System Board of Regents Rule 30204 – Family Leave Pool

Texas Government Code Section 661.022 – State Employee Family Leave Pool

Texas Education Code Section 51.961 – Leave Provisions for Employees

Persons affected: This policy applies to any employee of the University of Texas at Tyler.

C. Definitions

Employee – an eligible employee is defined as employed for at least 20 hours per week for a period of at least four and one-half months, and not employed in a position for which student status is required as a condition of the employment.

D. Policy and Procedures

This policy is to provide guidance on the applicability and use of Family Leave Pool, as they pertain to eligible employees of the University.

1. Withdrawal from the Family Leave Pool.  An employee is eligible to use time contributed to the family leave pool if the employee has exhausted all of their 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. previous donation of time to the pool.
   7. The following persons are considered to be members of the employee’s immediate family:
      1. an individual who resides in the same household as the employee and is related to the employee by kinship, adoption, or marriage;
      2. a foster child of the employee who resides in the same household as the employee and who is under the conservatorship of the Texas Department of Family and Protective Services; or
      3. a minor child of the employee, regardless of whether the child lives in the same household.

      Family leave for members of an employee’s family who do not meet the definition of “immediate family" as described above (for example, an adult child who does not reside in the employee’s home) may only be taken to provide care and 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.

2. Awards. A request form and supporting documentation is required. Awards will be limited to the lesser of one-third the total time in the pool or 720 hours. Based on documentation submitted in connection with the request, the pool administrator will determine the amount of time that an employee may withdraw from the pool.
3. Unused Leave. If an employee does not use all family leave pool hours granted, the employee will not retain the unused family leave pool award hours for later use. Unused family leave pool may not be donated to another employee or to the sick leave pool. Unused family leave pool will not transfer to another state agency. The estate of a deceased employee is not entitled to receive payment for unused family leave pool.
4. Contributions to the Family Leave Pool.
   1.  The family leave pool consists of hours voluntarily donated by employees of The University of Texas at Tyler and The Health Science Center at UT Tyler.
   2. Employees may donate one or more days of accrued sick or vacation leave to the family leave pool at any time. Donated leave will be deducted from the employee’s balance and added to the pool.
   3. A retiring employee has the option to contribute accrued sick or vacation leave hours to the sick and family leave pools as well as designate accrued sick or vacation leave to be used for retirement credit.
   4. Donated leave may not be designated to a particular person.
   5. The dollar value of donated leave will be included in the donor’s income and appropriate payroll taxes will be withheld. The calculated tax is based on the donor’s compensation rate.
5. Pool Administrator. The family leave pool is administered by a pool administrator designated at The University of Texas at Tyler and The Health Science Center at UT Tyler.

E. Review

This policy shall be reviewed by the Office of Human Resources every five years or as legislation changes.