SECTION 4.73. Eligibility

(a) An employee may participate in the family leave pool program regardless of whether the employee has previously contributed to the family leave pool.

(b) An employee is eligible to use time contributed to the family leave pool if the employee has exhausted all 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 an immediate family member; or

(6) a previous contribution of time to the pool.

(c) An employee is not eligible to use time contributed to the family leave pool if the employee has been formally disciplined for abuse of leave during the 12-month period preceding the date on which the employee requests withdrawal from the pool.

Source Note: The provisions of this §4.73 adopted to be effective August 1, 2022, 47 TexReg 4558