State Law > Texas > Texas Family and Medical Leave Law

Texas Family and Medical Leave Law

 

Texas law provides Family and Medical Leave provisions for state employees in Chapter 661 of the Texas Statutes and Code, and certain breastfeeding rights as described in the section below.

  • Sec. 661.001. Definitions
  • Sec. 661.206. Parent-Teacher Conference: Use of Sick Leave
  • Sec. 661.902. Emergency Leave Sec. 661.906. Foster Parents
  • Sec. 661.912. Family and Medical Leave Act
  • Sec. 661.913. Parental Leave for Certain Employees
Leave for bone marrow and organ donors.
  • Sec. 661.916. Public employment; Bone marrow and organ donation leave
Donation of blood.
  • Sec. 661.917. Public employment; Blood donation leave
Breastfeeding
  • Sec. 165.002.

Sec. 661.001. Definitions
In this subchapter:

(1) "Employee" means an individual, other than a state officer, employed by a state agency.

(2) "Executive director" means the individual appointed by the governing body of a state agency as chief administrative officer of the agency and includes the chancellor or highest executive officer of a university system and the president of a public senior college or university as defined by Section 61.003, Education Code.

(3) "Pool administrator" means the individual appointed by the governing body of a state agency to administer the agency's sick leave pool.

(4) "State agency" means:

(A) a board, commission, department, or other agency in the executive branch of state government created by the constitution or a statute of the state;

(B) an institution of higher education as defined by Section 61.003, Education Code;

(C) a legislative agency, but not either house or a member of the legislature; or

(D) the supreme court, the court of criminal appeals, a court of appeals, or a state judicial agency.

(5) "State officer" means an elected or appointed officer of a state agency or an executive director.

Sec. 661.206. Parent-Teacher Conference: Use of Sick Leave

(a) This section applies to an employee who is a parent of a child who is a student attending a grade from prekindergarten through 12th grade.

(b) An employee may use up to eight hours of sick leave each calendar year to attend parent-teacher conference sessions for the employee's children.

(c) An employee shall give reasonable advance notice of the employee's intention to use the sick leave to attend a parent-teacher conference.

(d) In this section:

(1) "Employee" has the meaning assigned by Section 661.001.

(2) "Parent" means a person standing in parental relation.

Sec. 661.902. Emergency Leave

(a) 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 for purposes of this subsection.

(b) The administrative head of an agency may determine that a reason other than that described by Subsection (a) is sufficient for granting emergency leave and shall grant an emergency leave to an employee who the administrative head determines has shown good cause for taking emergency leave.

Sec. 661.906. 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:

(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.

Sec. 661.912. Family and Medical Leave Act

(a) 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 federal Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601 et seq.).

(b) The employee must first use all 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. 661.913. Parental Leave for Certain Employees

(a) 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 in accordance with this section.

(b) The employee must first use all available and applicable paid vacation and sick leave while taking the leave, and the remainder of the leave is unpaid.

(c) The leave authorized by this section 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.


Leave for bone marrow and organ donors.

Sec. 661.916. Public employment; Bone marrow and organ donation leave


(a) 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.

(b) The leave of absence provided by this section may not exceed:

(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.


Donation of blood.

Sec. 661.917. Public employment; Blood donation leave

(a) A state agency shall allow each agency employee sufficient time off, without a deduction in salary or accrued leave, to donate blood.

(b) An employee may not receive time off under this section unless the employee obtains approval from the employee's supervisor before taking time off.

(c) 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.

(d) An employee may receive time off under this section not more than four times in a fiscal year.


Breastfeeding

Sec. 165.002.

A mother is entitled to breast-feed her baby in any location in which the mother is authorized to be.

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