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Texas Medical Leave


In addition to rights for all employees under the federal Family and Medical Leave Act (FMLA), the State of Texas has enacted a law requiring all state agencies to establish a sick leave pool program.

Because these programs are established individually by the different agencies, it is important to contact your Human Resources Department for additional details.


What Does it Provide? 

Each state agency must establish a program that permits an agency employee to voluntarily transfer sick leave to a sick leave pool. 

Who Is Eligible To Withdraw From the Sick Leave Pool? 

You are eligible to use leave from the sick leave pool if:

  1. You have exhausted your own accrued sick leave because either (a) you or an immediate family member was suffering from a catastrophic illness or injury, or (b) because you previously donated time to the pool, and
  2. You are now seeking to withdraw leave due to your or your immediate family member's catastrophic illness or injury.

Is A Doctor's Note Required?

If you are withdrawing leave from the sick leave pool because of a catastrophic illness or injury, you must provide a written statement from your or your family member's treating doctor. The statement must include information regarding the illness or injury sufficient enough to allow the administrator to evaluate your eligibility.

What Is The Limit On Withdrawal From The Sick Leave Bank?

You may withdraw up to one-third of the total time in the pool or 90 days, whichever is less.

For More Information offsite linkAdditional details are agency specific.


Researched and written by:

Lisa Gerson, Esq. McDermott Will & Emery LLP New York, NY 

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