Family, Medical and Parental Leaves Law Summaries 45-7000 Texas, Family, Medical and Parental Leaves Law Summaries Texas has family and medical leave laws for state employees (Texas Statutes and Codes, Chapter 661). See 45-1400 for a summary of the state's breastfeeding rights law.
DEFINITIONS
"Employee" means an individual, other than a state officer, employed by a state agency (Sec. 661.001; and Sec. 661.206, as amended by S. 174, L. 1999, effective September 1, 1999).
"Parent" means a person standing in parental relation (Sec. 661.206, as amended by S. 174, L. 1999, effective September 1, 1999).
WHAT THE EMPLOYER MUST DO
To the extent required by federal law, a state employee who has a total of at least 12 months of state service and who has worked at least 1,250 hours during the 12-month period preceding the beginning of leave under this section is entitled to leave under the Family and Medical Leave Act of 1993 (Sec. 661.912(a), as added by S. 174, L. 1999, effective September 1, 1999).
The employee must first use any available and applicable paid vacation and sick leave while taking leave under this section, except that an employee who is receiving temporary disability benefits or workers' compensation benefits is not required to first use applicable paid vacation or sick leave while receiving those benefits (Sec. 661.912(b), as added by S. 174, L. 1999, effective September 1, 1999).
Parental leave. --A state employee who has been employed for fewer than 12 months by the state or who worked fewer than 1,250 hours during the 12-month period preceding the beginning of leave under this section is eligible to take a parental leave of absence not to exceed 12 weeks. The employee must first use any available and applicable paid vacation and sick leave, and the remainder of the leave is unpaid. The leave is limited to, and begins on the date of, the birth of a natural child of the employee or the adoption by or foster care placement with the employee of a child younger than three years of age (Sec. 661.913, as added by S. 174, L. 1999, effective September 1, 1999).
Parent-teacher conference leave. --A state employee who is a parent of a child who is a student attending a grade from prekindergarten through 12th grade may use up to eight hours of sick leave each calendar year to attend parent-teacher conference sessions for the employee's children (Sec. 661.206, as amended by S. 174, L. 1999, effective September 1, 1999).
The employee must give reasonable advance notice of the employee's intention to use the sick leave to attend a parent-teacher conference (Sec. 661.206, as amended by S. 174, L. 1999, effective September 1, 1999).
Leave for foster parents. --A state employee who is a foster parent to a child under the conservatorship of the Department of Protective and Regulatory Services is entitled to a leave of absence without a deduction in salary for the purpose of attending (Sec. 661.906, as added by S. 174, L. 1999, effective September 1, 1999):
(1) meetings held by the Department of Protective and Regulatory Services regarding the child under the foster care of the employee; or
(2) an admission, review and dismissal meeting held by a school district regarding the child under the foster care of the employee.
Leave for donating organs, bone marrow, blood. --Effective September 1, 2003, a state employee is entitled to a leave of absence without a deduction in salary for the time necessary to permit the employee to serve as a bone marrow or organ donor (Sec. 661.916(a), as added by H. 89, L. 2003, effective September 1, 2003).
The leave of absence provided by this section may not exceed (Sec. 661.916(b), as added by H. 89, L. 2003, effective September 1, 2003):
(1) five working days in a fiscal year to serve as a bone marrow donor; or
(2) 30 working days in a fiscal year to serve as an organ donor.
A state agency shall allow each agency employee sufficient time off, without a deduction in salary or accrued leave, to donate blood. An employee may not receive time off under this section unless the employee obtains approval from the employee's supervisor before taking time off (Sec. 661.917(a) and (b), as added by H. 89, L. 2003, effective September 1, 2003).
On returning to work after taking time off under this section, an employee shall provide the employee's supervisor with proof that the employee donated blood during the time off. If an employee fails to provide proof that the employee donated blood during the time off, the state agency shall deduct the period for which the employee was granted time off from the employee's salary or accrued leave, whichever the employee chooses (Sec. 661.917(c), as added by H. 89, L. 2003, effective September 1, 2003).
An employee may receive time off under this section not more than four times in a fiscal year (Sec. 661.917(d), as added by H. 89, L. 2003, effective September 1, 2003).
Emergency leave. --A state employee is entitled to emergency leave without a deduction in salary because of a death in the employee's family. The death of the employee's spouse or of a parent, brother, sister, grandparent, grandchild or child of the employee or of the employee's spouse is considered to be a death in the employee's family (Sec. 661.902, as added by S. 174, L. 1999, effective September 1, 1999).
Leave for assistance dog training. --See 45-2600 .
<p> CCH-EXP, STATE-SUMMARIES Family, Medical and Parental Leaves Law Summaries Family, Medical and Parental Leaves Law Summaries 45-7000 Texas, Family, Medical and Parental Leaves Law Summaries Texas has family and medical leave laws for state employees (Texas Statutes and Codes, Chapter 661). See 45</p>