Texas Education Code - Section 22.003. Minimum Personal Leave Program
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§ 22.003. MINIMUM PERSONAL LEAVE PROGRAM. (a) A state
minimum personal leave program consisting of five days per year
personal leave with no limit on accumulation and transferable among
districts shall be provided for school district employees. School
districts may provide additional personal leave beyond this
minimum. The board of trustees of a school district may adopt a
policy governing an employee's use of personal leave granted under
this subsection, except that the policy may not restrict the
purposes for which the leave may be used.
(b) In addition to all other days of leave provided by this
section or by the school district, an employee of a school district
who is physically assaulted during the performance of the
employee's regular duties is entitled to the number of days of leave
necessary to recuperate from all physical injuries sustained as a
result of the assault. At the request of an employee, the school
district must immediately assign an employee to assault leave and,
on investigation of the claim, may change the assault leave status
and charge the leave against the employee's accrued personal leave
or against an employee's pay if insufficient accrued personal leave
is available. Days of leave taken under this subsection may not be
deducted from accrued personal leave. The period provided by this
subsection may not extend more than two years beyond the date of the
assault. Notwithstanding any other law, assault leave policy
benefits due to an employee shall be coordinated with temporary
income benefits due from workers' compensation so that the
employee's total compensation from temporary income benefits and
assault leave policy benefits equals 100 percent of the employee's
weekly rate of pay.
(c) For purposes of Subsection (b), an employee of a school
district is physically assaulted if the person engaging in the
conduct causing injury to the employee:
(1) could be prosecuted for assault; or
(2) could not be prosecuted for assault only because
the person's age or mental capacity makes the person a
nonresponsible person for purposes of criminal liability.
(d) A school district employee with available personal
leave under this section is entitled to use the leave for
compensation during a term of active military service. This
subsection applies to any personal or sick leave available under
former law or provided by local policy of a school district,
including a home-rule school district.
(e) A school district, including a home-rule school
district, may adopt a policy providing for the paid leave of absence
of employees taking leave for active military service as part of the
consideration of employment by the district.
Added by Acts 1995, 74th Leg., ch. 260, § 1, eff. May 30, 1995.
Amended by Acts 1997, 75th Leg., ch. 936, § 1, eff. June 18,
1997; Acts 2001, 77th Leg., ch. 1015, § 1, eff. June 15, 2001;
Acts 2003, 78th Leg., ch. 971, § 2, eff. June 20, 2003.
Section: 21.703 21.704 21.705 21.706 21.707 22.001 22.002 22.003 22.004 22.005 22.006 22.007 22.051 22.0511 22.0512
Last modified: August 10, 2007
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