Handbook of Operating Procedures > Series 400 Budget, Finance and Operations > 4.18.4 Sick Leave

4.18.4 Sick Leave

A. Purpose

The purpose of this policy is to provide administration of sick leave for employees of the University of Texas at Tyler and the University of Texas Health Science Center at Tyler (collectively, the “University”).

B. Authority/Persons Affected

Texas Government Code, Section 661.201-661.206, 661.033-661.034.

The University of Texas System Board of Regents’ Rules and Regulations, Rule 30201, Leave Policies.

Persons affected: 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 months.

C. Definitions

1. Benefits-eligible Employee – An employee who is eligible to be a member of the Teacher Retirement System of Texas (TRS), or Optional Retirement Program (ORP) and required to work at least 20 hours per week, or appointed to at least 50% of a full time appointment, in a position that is expected to last at least four and one half months. 
2. A documented medical condition – for purposes of using sick leave, exists when the employee submits a licensed practitioner’s certification to the employee’s supervisor as to the nature of the sickness, injury, or confinement due to pregnancy.
3. An employee’s confinement due to pregnancy – for purposes of using sick leave, means inability to perform duties caused or contributed to by pregnancy, miscarriage, abortion, childbirth or recovery. The employee seeking to use sick leave to cover the impairment must provide a licensed practitioner’s certification that the impairment causes the employee to be unable to work. Sick leave may not be used in conjunction with parental leave or family and medical leave once an employee has recovered from temporary impairment related to pregnancy or confinement.
4. An immediate family member – is defined as those individuals who live in the same household as the employee and is related to the employee by kinship, adoption or marriage; or are foster children certified by the Texas Department of Protective and Regulatory Services; and an employee’s minor child regardless of whether the child lives in the same household.
5. A licensed practitioner’s certification – is a document signed by a licensed physician, nurse practitioner, or other health care professional, competent within their scope of practice to make a medical evaluation of the employee’s sickness, injury or confinement due to pregnancy.
6. Sick Leave Abuse – occurs when an employee uses sick leave for unauthorized purposes or misrepresents the actual reason for charging an absence to sick leave. Abuse may also occur when an employee establishes a pattern of sick leave usage over a period of time such as the day before or after a holiday, on Mondays or Fridays, after paydays, any one specific day, half-day, or a continued pattern of maintaining zero or near zero leave balances.
7. Sickness or injury – for purposes of using sick leave, includes an absence required for medical, dental, optical examination or treatment; or for physical therapy and laboratory work or tests as order by a licensed practitioner.

D. Policy

1. Full-time, benefits eligible Employees, (faculty and staff), shall accrue eight (8) hours of sick leave for each month of employment. A part-time employee accrues sick leave on a proportionate basis. Employees will accrue sick leave their first day on duty each month and will receive their full sick leave entitlement for each month or partial month worked regardless of the date of employment or termination. An employee who is on leave, paid or unpaid, the first day of the month will not accrue sick leave until he/she returns to duty.

2. Sick leave may be used immediately upon employment when a benefits-eligible employee is out due to sickness, injury, or pregnancy and confinement of self or immediate family member. Sick leave may also be used for physician appointments for the employee or a member of the immediate family. Sick leave for physician appointments and scheduled medical care should be requested as far in advance as possible. Leave for University-sponsored employee services such as immunizations, skin tests, x-rays, cholesterol testing, etc., will not be charged to sick leave

3. Sick leave for members of an employee’s family who do not reside in the same household may only be taken to provide care to a spouse, child, or parent of the employee who needs such care as a direct result of a documented medical condition. Sick leave cannot be used for an employee’s parent-in-law if they do not live in the same household.

4. All employees who must be absent under the conditions identified in (2) and (3) above must record the number of hours used in the appropriate time and leave tracking system. This applies to faculty members, even if the faculty member was not scheduled to teach classes during the period of absence.

5. Extended sick leave absences (continuous period of more than three (3) working days) should be requested as far in advance as possible. An employee must contact the Office of Human Resources and must provide acceptable medical documentation. Before returning to work for an extended absence, an employee must furnish a statement from a physician certifying that the employee is medically capable of resuming normal working duties. The Return-To-Work Form is available for this purpose.

6. A supervisor may require medical documentation for use of sick leave taken during a continuous period of less than three (3) working days. Contact the Office of Human Resources for additional guidance.

7. An employee whose sick leave balance is insufficient to cover an absence from work due to illness must exhaust all other paid leave entitlements. If other paid leave is insufficient to cover the absence, the employee will be placed on leave without pay.

8. Sick Leave Direct Donations

Texas Government Code, Section 661.207, allows state employees to voluntarily transfer their accrued sick leave to another state employee within the same agency. Specifically, Texas Government Code, Section 661.207(a), authorizes an employee to donate “any amount” of their accrued sick leave to another employee who:

1. Meets the sick leave eligibility requirements.
2. Is employed in the same state agency as the donor employee (UT Tyler and UT Health Science Center at Tyler are two separate state agencies); and
3. Has exhausted the employee’s sick leave, including any time the individual may be eligible to withdraw from a sick leave pool.

An employee who receives donated sick leave may use the donated sick leave based on the same circumstances as accrued sick leave. An employee may not provide or receive remuneration, or a gift of any kind, in exchange for donated sick leave. The dollar value of donated sick leave will be reported as the donor’s income and the University will withhold taxes as law requires. For further information on donation of sick leave, see Texas Government Code, Chapter 661.207.

9. Employees transferring from one state agency to the University or within shall retain their unused sick leave, provided there is no break in service.

10. Accrued sick leave terminates the last day of employment. However, in the case of death, the estate of an employee will be paid one-half (1/2) of the employee's accumulated sick leave, or three hundred thirty-six (336) hours of sick leave, whichever is less. Such payment shall be calculated at the rate of compensation (excluding differentials) being paid the employee at the time of death.

11. Separated employees cannot be paid for unused sick leave.

12. Employees may have their sick leave balance restored if:

• the employee is reemployed by the same State agency or institution of higher education within twelve (12) months after the end of the month in which the employee separates from State employment, but only if there has been a break in employment with the State of at least thirty (30) calendar days; or
• the employee is reemployed by a different State agency or institution of higher education within twelve (12) months after the end of the month in which the employee separates from State employment.
• An employee laid off under a formal reduction-in-force shall have their sick leave balance restored if re-employed by the State within twelve (12) months of termination.

13. Sick leave pool is an option during a catastrophic illness or injury, or if a benefits-eligible employee has previously donated time to the pool. (Donations to sick leave pool are not subject to taxes). If an employee is eligible for sick leave pool, they are only eligibility to withdraw from the pool up to the maximum allowed by law, regardless of the number of hours donated to the pool. (See UT Tyler HOP 4.18.9 Sick Leave Pool)

E. Responsibilities

1. Employee
1. Submits request, in advance, when possible, to use available leave time to their immediate supervisor.
2. Provides requested documentation supporting the need to use leave.
2. Supervisor
1. Reviews and, as appropriate, approves or denies requests for use of available leave time and submits approval to the HR/Payroll system.
2. Maintains records of leave used.
3. Contacts the Office of Human Resources when medical leave documentation is received.
3. Office of Human Resources
1. Processes requests that require medical documentation.
2. Assists departments in tracking employee’s accrued and used leave balances.

 F. Review

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