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Section 4: Attendance and Leave

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4.0 Attendance

Scope: Faculty and Staff

Staff

Workweek and Hours

Lamar State College Orange operates on a compressed work week by closing at noon on Friday.

Weekly Schedule with 1 hour lunch break

  • Monday: 7:30 a.m. to 5:30 p.m. (9 hours)
  • Tuesday: 7:30 a.m. to 5:30 p.m. (9 hours)
  • Wednesday: 7:30 a.m. to 5:30 p.m. (9 hours)
  • Thursday: 7:30 a.m. to 5:30 p.m. (9 hours)
  • Friday: 8:00 a.m. to 12:00 noon

Staff are also allowed to follow a schedule commonly known as a 9/80 schedule. Staff employees are eligible to work four 9-hour days with a 30 minute lunch break, followed by an 4-hour work day on one Friday and off the next Friday. This schedule allows staff employees who work the schedule outlined below every other Friday off. The Friday in which staff members have off should be worked out with their supervisor who will rotate coverage to ensure that operations are maximized and covered during campus hours. Staff who elect not to participate in the 9/80 work schedule are expected to work the compressed work week schedule as shown above.

Schedule for staff who work a 9/80 compressed schedule:

Week One Schedule with 30 minute lunch break

  • Monday: 7:30 a.m. to 5:30 p.m. (9.5 hours)
  • Tuesday: 7:30 a.m. to 5:30 p.m. (9.5 hours)
  • Wednesday: 7:30 a.m. to 5:30 p.m. (9.5 hours)
  • Thursday: 7:30 a.m. to 5:30 p.m. (9.5 hours)
  • Friday: 8:00 a.m. to 12:00 noon (4 hours)

Week Two Schedule with 30 minute lunch break

  • Monday: 7:30 a.m. to 5:30 p.m. (9.5 hours)
  • Tuesday: 7:30 a.m. to 5:30 p.m. (9.5 hours)
  • Wednesday: 7:30 a.m. to 5:30 p.m. (9.5 hours)
  • Thursday: 7:30 a.m. to 5:30 p.m. (9.5 hours)
  • Friday: OFF

During peak times in the academic year, the President may adjust work schedules for key areas working with students. An official email will be sent to campus to inform staff of these changes.

Should a scheduled holiday fall on a staff member’s Friday off, if eligible, the employee may earn state compensatory time. State compensatory time off is accrued at the rate of 1 hour for every hour in excess of 40 hours earned through a combination of paid leave, paid holidays, and hours worked after subtracting any FLSA overtime hours worked.

The official workweek for the campus is from 7:30 a.m. Monday until 12:00 p.m. the following Friday. The President determines normal hours for campus offices and operations. Departments may require personnel to work shifts different from the normal campus hours. In no case will the normal work schedule for full-time, nonexempt personnel exceed 40 hours in the workweek.

All salaried personnel are expected to be present for their assigned jobs unless the appropriate authority approves the absence. Absence from duty must be accounted for under established leave policies or other approved means. In no case, will an employee be paid for unaccounted time.

All personnel are expected to work established work hours unless the supervisor authorizes the absence from duty. Failure to properly notify a supervisor concerning an absence and to receive necessary permission may result in disciplinary action up to and including termination.

The President requires all employees to disclose outside business affiliations in order to track compliance with these provisions. The Conflict of Interest form is available in the Human Resources Office. Under no circumstances should an employee’s work schedule be disrupted by outside business related to a second job even if it has been approved. Determination as to whether an employee may hold a second job while off-duty is at the agency's discretion. The Attorney General has expanded on this ruling, finding that a state institution of higher education may prohibit outside work undertaken by its employees, even if that employment is serving as an elected government official. For more information, see Policy 2.1 Dual Employment.

Normal campus scheduling requires an hour unpaid meal break. Employees are expected to conform to their assigned meal schedule. If such breaks are taken on campus property, employees are expected to adhere to campus rules and standards.

Each department or division head may allow for full-time personnel one paid break period in each half of a work shift with the following provisions:

  1. No single break period exceeds fifteen minutes from the workstation.
  2. Unused break periods are not accumulated.
  3. Breaks cannot be used to cover early departure from work and late arrival to work.
  4. Any time taken beyond that authorized is charged to vacation or compensatory leave.
  5. Breaks are dependent on work schedule and supervisory approval.
  6. Breaks may be prohibited according to the judgment of the supervisor.
  7. During breaks, the employee is on paid time and all normal standards of conduct are in effect.
  8. Part time staff may be granted a rest period if it is in accordance with departmental or divisional policy and such breaks are subject to the same limitations set forth above.

An employee will, during normal office hours, conduct agency business only at the employee’s regular place of business or assigned duty point unless the employee is on travel status or has received prior written authorization from the administrator of the employing agency. In no event will an employee’s personal residence be deemed to be that employee’s regular place of business or duty point for the purpose of this subsection without the written authorization of the President.

Holidays

The legislature authorizes specified holidays each biennium. The college is authorized to deviate from the State holiday schedule to conform to our academic schedule. The President will issue the college holiday schedule prior to the beginning of each fiscal year.

Only regular employees of institutions of higher education are eligible for paid holidays. A regular employee is defined as someone who is employed to work at least 20 hours per week for a period of at least four and one-half months, excluding students employed in positions, which require student status as a condition for employment.

Employees of institutions of higher education may be paid for holiday compensatory time hours earned on a straight time basis when the taking of compensatory time would be disruptive to normal teaching, research, or other critical functions.

In order to be paid for a holiday that falls in mid-month (other than the first or last workday of the month), the employee must be a state employee (the legal definition of which is employed by the state and not on LWOP) on the day before and the day after the holiday. If the holiday falls on the first workday of a month, the employee must be a state employee on the day immediately after the holiday to be paid. If the holiday falls on the last workday of the month, the employee must be a state employee on the day immediately before the holiday to be paid.

A state employee is entitled to observe Rosh Hashanah, Yom Kippur, Good Friday, and Cesar Chavez Day in lieu of any skeleton crew holiday.

In the event that a state or national holiday falls between the dates that an employee separates from one state agency and begins employment in another state agency without a break in service, the agency to which the employee transfers is responsible for paying the employee for the holiday.

Energy Conservation

Energy conservation days may be part of the College holiday schedule approved by the Board of Regents. The State permits a certain number of holidays each year based on the calendar. Energy conservation days are used to increase the number of days the College is closed which results in energy savings and are not paid holidays.

All non-faculty employees must submit leave of absence forms for energy conservation days. Employees will be required to use vacation or compensatory time for the energy conservation days. Since compensatory time cannot be advanced to employees, those without sufficient vacation time available will need to acquire the necessary compensatory time for the energy conservation days prior to those days. Employees who do not have time to cover the energy conservation days will incur leave without pay. Employees should be given the opportunity to work enough extra hours prior to the energy conservation days to accumulate enough compensatory time to offset the energy conservation days. Compensatory time earned must be approved in advance by the employee’s supervisor.

Faculty Absences

A faculty member employed by the College under the governance of the Board of Regents of the Texas State University System must discharge faithfully instructional duties and other responsibilities associated with faculty appointment, including the meeting of all scheduled classes.

In accordance with Texas Government Code Section 661.203, faculty members must submit prescribed leave forms for all sick leave taken if an absence occurs during the normal workday for regular employees, even if no classes are missed. Faculty absences are to be taken at the same rate as staff, 8 hours per day for time missed.

Sick leave is earned based on the full-time contracted assignment; therefore, sick leave is not available to use to cover absences from overload jobs. If a substitute is hired, overload pay will be docked for time missed.

Faculty members have the responsibility to be available for the performance of duties beginning with regular registration through commencement, the official end of the semester. Faculty not teaching during the summer terms are considered to be on vacation.

Absences from classes will be authorized only under the following conditions:

  1. Professional meetings when, in the judgment of the President or his or her designee, attendance at such meeting would contribute to the improvement of teaching or scholarship at Lamar State College Orange;
  2. Personal or Immediate Family Illness;
  3. Family Emergencies;
  4. Specific Assignments of the President of short duration (the Board of Regents discourages specific assignments which will cause a faculty member to be absent from assigned classes);
  5. Special Circumstances where the President considers such absences to be for valid reasons and in the best interest of both the faculty member and Lamar State College Orange.

The faculty member is obligated to notify their Dean as early as possible so that the latter may make appropriate arrangements for classes. The instructor must fill out a Request to be Absent form, obtained from the Dean’s Office, prior to the planned absence and the Dean must approve the absence by signing the form. In cases of illness, the instructor must also complete the Request for Overtime and Leave (F3.6A) form available from the Dean and obtain approval from the Dean.

Faculty Attendance

Full-time faculty are recognized as full-time, regular employees, who earn benefits commensurate with a 40-hour workweek which is based upon the campus’ normal working hours for regular employees — i.e., Monday through Friday, 8 a.m. to 5 p.m. While Faculty are expected to be on duty* for a minimum of 25 hours per week (see workloads during contract period section), excluding any time that may be required in addition to the minimum due to overloads, program director responsibilities, etc., their absences must be accounted for based upon a regular workweek.

*On duty means that a faculty member is at their assigned work location, available to students and colleagues, and performing authorized work for the college including attendance at required meetings and events.

Faculty are required to account for absences that occur during the normal workday for regular employees, even if no classes are missed. This includes the requirement to submit leave forms for all sick leave taken as a total of the normal workday for regular employees. Listed below are the guidelines Faculty must follow when absent from work due to illness.

  • Faculty who are not on duty at all on any workweek day (Monday–Friday) will be expected to report the total hours per day as sick leave based upon the campus’ normal workday hours. For example, if the campus’ schedule is Monday through Friday, 8 a.m. to 5 p.m., then 8 hours of sick leave must be used for one day of absence due to illness.
  • Faculty who are on duty for a period of time on a workday but are unable to fulfill their scheduled work duties for the remainder of the day due to illness or related appointments, will use sick leave as determined by the number of hours missed in the remainder of the normal workday, even if no classes are missed. For example, if Faculty is on duty in the morning but needs to leave work early at noon due to illness, then sick leave should be used for four (4) hours, if the normal workday is 8 a.m. to 5 p.m.

Should Faculty be absent from their normal workday duties for a reason other than illness, they must work with their Supervisor to arrange to make-up their missed work time or be subject to leave without pay.

The fall semester begins on the date faculty are to report to duty through the day of fall commencement. Sick leave does not need to be reported during fall break or after the day of fall commencement through the first day faculty are required on duty for the spring semester; The spring semester begins on the date faculty are to report to duty through the day of spring commencement. Sick leave does not need to be reported during spring break or after the day of spring commencement.

Faculty’s job responsibilities also require attendance at various college-sponsored events, including but not limited to, graduation ceremonies, which may occur outside the College’s normal workday hours for regular employees. Should Faculty be absent from such events, they may:

  • Use sick leave (if absence is due to illness) for the time duration required of the event; or
  • Work with their Supervisor to make arrangements to make-up for their lack of attendance at the mandatory event; or
  • Be subject to leave without pay.

Notwithstanding leave of absence* situations, Faculty that incur excessive absences from their standard work duties and/or who are repeatedly absent from mandatory college-sponsored events may be subject to disciplinary action, up to and including termination of employment.

*Faculty who may need to be absent from work for an extended period of time, or intermittently, due to a serious medical condition of their own or that of a family member, should contact Human Resources to understand their leave of absence options.

Unauthorized Absences

Unauthorized Absences on the part of the faculty member are not permitted. Such absences will be regarded as a violation of the terms of the faculty member’s appointment.

Office Hours

Faculty members are expected to post outside of their offices, and publish in any other manner required by the Executive Vice President/Provost, office hours and conference periods most advantageous to students.

Outside Employment

1. Faculty members should not be discouraged from accepting appropriate appointments of a consultative or advisory capacity with government agencies, industry, or other educational institutions as long as such activities do not conflict with the individual’s work at Lamar State College Orange. The consideration to the System of such activity is the improvement of the individual through contact with the non-academic world.

2. Members of the faculty should be discouraged from accepting regular employment outside the college because such action does not directly benefit the college as indicated herein.

3. Conflict of interest must be avoided in all instances of outside employment. Conflict of interest in an academic institution means any outside activity, which intrudes upon the faculty member’s responsibility to Lamar State College Orange.

4. No member of the faculty engaged in outside remunerative activities will use in connection therewith the official stationery, supplies, equipment, personnel services, or other resources of the System or Lamar State College Orange. Nor will such member of the faculty accept pay from private persons or corporations for tests, essays, chemical analysis, computer programming, bacteriological examinations, or other work of a routine character, which involves the use of property owned by the System or Lamar State College Orange.

5. No member of the faculty will accept employment or any position of responsibility if the discharge of such employment or responsibility will be antagonistic to the interests of the State of Texas or the System or Lamar State College Orange.

6. Every member of the faculty who gives professional opinions must protect the System and Lamar State College Orange against the use of such opinions for advertising purposes. That is, when work is done in a private capacity, the faculty member must make it clear to the employer that such work is unofficial and that, absent the president’s prior approval, the name of the System or Lamar State College Orange are not in any way to be connected with the faculty member’s name. Exceptions may be made for the name of the author attached to books, pamphlets, and articles in periodicals, and the identification of an individual in publications of corporations or companies related to service as a member of an advisory council, committee, or board of directors.

7. No member of the full-time faculty of the System employed on a twelve-month or nine-month basis will be employed in any outside work or activity or receive from an outside source a regular retainer fee or salary during the period of employment by Lamar State College Orange until a description of the nature and extent of the employment has been filed with the Executive Vice President/Provost.

8. The President requires all employees to disclose outside business affiliations in order to track compliance with these provisions. The Disclosure of Business Affiliation form is available in the Human Resources Office. Determination as to whether an employee may hold a second job while off-duty is at the agency’s discretion. The Attorney General has expanded on this ruling, finding that a state institution of higher education may prohibit outside work undertaken by its employees, even if that employment is serving as an elected government official.

4.1 Campus Closing

Scope: Faculty and Staff

Campus Closing Procedures

If severe or inclement weather conditions warrant suspending Operations, the Marketing and Communications Office will notify employees, students, and the community via email, text, website, and media outlets.

Every effort will be made to make such announcements no later than 6 a.m. Divisions also may develop a calling list to notify employees of closure.

Unless a specific announcement of closing is made through media outlets, faculty, staff, and students should assume that normal operations will be observed. However, conditions vary throughout the area and employees are reminded to use their best judgment in determining whether or not it is safe to travel.

Each agency has the discretion on how to post time when the agency closes because of inclement weather.

  • If an employee is on sick or vacation leave and the College closes due to inclement weather, the employee should receive administrative leave for the absence.
  • An employee who has already completed his or her scheduled hours when the College closes would not receive any compensatory time or administrative time off because the agency was not closed while the employee was scheduled to work.
  • An employee who has not completed his or her scheduled hours when the College closes should receive administrative leave time because the College was closed while the employee was scheduled to work.
  • When an employee is temporarily working in the same metropolitan area (for example, presenting or attending training) and the College closes, an employee, who is eligible for such, should receive compensatory time for working.
  • When the employee is temporarily working in another metropolitan area (for example, presenting or attending training) and the College closes, the employee should not receive compensatory time for working.

4.2 Leave Records

Scope: Faculty and Staff

Employee and Department Responsibilities for Leave

1. The employee should communicate to his/her supervisor at the earliest practical time details of his/her absence or anticipated absence(s) including dates with appropriate documentation.

2. For illness and/or disability a doctor's certification may be needed to certify fitness to work and/or certify the period of absences.

3. Leaving one's job without proper notification to one’s supervisor can constitute job abandonment. Any employee who is absent from work without authorized leave for three (3) consecutive workdays will be deemed to have abandoned his/her position and to have voluntarily resigned from employment. Bona fide emergencies will be taken into consideration.

4. The employee is responsible for completing the application for leave form (F3.6A), providing supporting documentation, and following up on approvals.

5. Departments are responsible for notifying Human Resources regarding employee leaves, especially when it is anticipated the employee will not have enough paid leave and must coordinate out-of-pocket payments to continue insurance benefits. The department is responsible for processing the necessary documents (Personnel Action Request F3.2, F3.6) to process the requested leave in a timely manner.

All leave must be reported on a monthly basis to the Human Resources Office. This is done by completing an F3.6 and submitting it to the Human Resources Office not later than the tenth workday of the following month.

Sick and vacation leave will automatically accrue according to the employee's status (FTE, length of service, etc.). The employee is required to account for all such leave taken during the month. The leave balance will appear on the following month's F3.6. All leave must have prior approval on a Request for overtime/leave form F3.6A.

Employees must also account for all overtime earned and compensatory time taken on the F3.6A. Please see the section on overtime for guidelines on such leave. Even if no leave is taken for the month, each employee is required to complete the F3.6 and submit it to the Human Resources Office. Time off should be reported to the nearest quarter hour of occurrence.

4.3 Vacation Leave

Scope: Staff

The purpose of vacation leave is to provide income protection to the employee while allowing for period of recreational leave or other absences from work not covered by other leaves. Employees are encouraged to use the majority of their earned vacation leave each year. It is important that employees have time to rest and relax each year in order to maintain maximum productivity. Vacation leave also allows employees to take care of a variety of personal matters when it is not possible to do so outside normal working hours.

All regular non-faculty employees are entitled to paid vacation leave as determined by length of service. The following table shows the vacation leave allowances for eligible full-time employees. Accruals increased one hour per month and the carryover was increased by 12 hours effective July 2003. Eligible part-time employees earn leave on a proportional basis.

Hours Accrued Allowance

Vacation Leave Accrual by Length of State Service
Length of State Service Hours Per Month Carry Over
0 but less than 2 years 08 180
2 but less than 5 years 09 244
5 but less than 10 years 10 268
10 but less than 15 years 11 292
15 but less than 20 years 13 340
20 but less than 25 years 15 388
25 but less than 30 years 17 436
30 but less than 35 years 19 484
At least 35 years or more 21 532

An employee must complete the full year of employment to receive the higher rate of vacation leave accrual. For these purposes, length of employment is calculated from the employee's anniversary date if the anniversary falls on the first calendar date of the month. Otherwise, the increase in vacation allowance will occur on the first calendar day of the following month.

Previous State employment is to be noted upon hire and will be verified before adjustments to vacation, benefit replacement pay, and longevity are made.

Credit for one month's accrual is given for each month or fraction of a month of employment with the state and is posted on the first day of employment and on the first day of each succeeding month thereafter, provided that an employee who is in a leave status on the first day of the month shall not be eligible to use leave accrued for such month until the employee returns to duty. Vacation entitlement accrues from the first day of employment and is terminated on the last day of duty.

None of the funds appropriated by the Appropriations Act may be used to pay a state employee or former state employee who resigns, is dismissed, or has otherwise separated from state employment, for vacation time accrued at the time of separation from the state unless the individual’s employment with the state had been continuous for a period of six (6) months.

Institutions of Higher Education are allowed to immediately pay for accrued vacation leave upon separation from state employment without having to wait 30 days after separation. Separation from state employment includes, but is not limited to, a state employee leaving one state agency to begin working at another state agency, provided at least one workday occurs between the employee’s separation from the first state agency and the employee’s first day at work at the second state agency. An individual who is re-employed by a state agency to a position which accrues vacation time within a period of thirty (30) calendar days from the date of separation from the state employment shall have the individual’s previous but unused vacation leave restored.

An employee terminating state employment may, with the agreement of the employing agency, be allowed to remain on the payroll after the last day worked to utilize vacation leave in lieu of being paid in a lump sum. Such an employee will not accrue any additional vacation leave while remaining on the payroll to utilize such vacation leave.

Vacation with pay may not be taken until the employee has been continuously employed with the state for six months. Continuous employment means that no leave without pay has been taken. Once an employee has completed six months or more of continuous state employment and then leaves state employment, that person is eligible to take vacation leave as it is earned upon re-employment, or be paid for it on termination following such re-employment. Employees who do not have six months continuous service upon termination will not be paid for any accrued vacation time.

Employees transferring directly to another state agency shall transfer all unexpended vacation leave.

When an employee moves from a vacation accruing position to a non-accruing position, the balance will be frozen when the employee has less than 6 continuous months of employment. If the employee has 6 months of continuous employment, he/she may be paid for the annual leave after 30 days.

Employees will not be allowed to carry over any vacation leave in excess of the amount prescribed for employees according to length of service. Excess unused vacation time will be “rolled over” into the sick leave balance each August 31. Employees may accrue leave in excess of the maximum during the year without penalty.

While each employee is entitled to use accrued vacation leave, the employee's supervisor may refuse to allow vacation time when it would unduly hamper departmental efficiency. Employees are encouraged to request vacation leave using the F3.6A with sufficient advance notice to the supervisor so that work schedules may be rearranged as necessary. Supervisors may refuse to grant any vacation leave requests during peak workload periods.

Employees will not be advanced vacation leave. Any leave taken in excess of the accrued balance will be charged to compensatory time if available. If insufficient compensatory time exists, the employee will be placed on Leave Without Pay. Please see the guidelines on LWOP.

Holidays occurring during a vacation period will not be charged to vacation leave. See the guidelines on sick leave for the policy on illness or injury while on vacation leave.

Annual leave accruals for Return-to-work retirees are based on retirement and rehire dates. Return-to-work retirees who retired on or before 5/31/2005 and returned to work at any time will accrue annual leave based on total state service.

Return-to-work retirees who retired on or after 6/1/2005 and return to work on 9/1/2005 or after will accrue annual leave based on state service since retirement.

Employees Paid From Grants: Since vacation hours earned by an employee while working on a grant are clearly a function of such employment, the fiscal impact must be included as a part of the grant budget. Hence, grant account managers shall ensure that there is no outstanding vacation liability on the last day of the grant period for hours accrued by such employees. The grant account manager shall require, as a condition of employment, that vacation time be used prior to grant expiration, and such time will be taken at a grant account manager’s discretion. However, grant account managers are encouraged to accommodate, as far as is practical and reasonable, the employee’s preferences as to when such vacation time is taken.

4.4 Sick Leave

Scope: Faculty and Staff

The purpose of the sick leave benefit is to protect the employee's income during periods of bona fide illness or injury, to the employee or members of the employee’s immediate family, and which require the employee to be absent from work. It is also designed to protect other employees from being exposed to contagious diseases. All employees are expected to work if their health permits and to remain at home if it does not.

Sick leave may be used when an employee is prevented from performing his or her job duties due to sickness, injury, pregnancy, or confinement. This includes doctor or dental appointments that cannot be made outside of normal working hours. Sick leave may also be used to care for an employee's immediate family member who is ill or injured. The immediate family is defined as those individuals related by kinship, adoption, or marriage who live in the same household; foster children who reside in the same household; and minor children regardless of whether they live in the same household. Sick leave may be used to care for immediate family members who do not reside in the same household only for a documented medical condition. In this instance only, “immediate family” is interpreted as spouse, parent, or child. Sick leave may not be used for any other purpose.

All regular employees are eligible to earn sick leave at a rate of eight hours for each month or fraction of a month of employment for full-time employees. Regular part-time employees (at least 50% FTE) earn sick leave on a proportional basis (e.g., half-time employees earn four hours per month).

Sick leave accumulates with the unused amount carried forward each month, and there is no limitation on the amount which may be accrued.

Sick leave is earned each month the employee is on the payroll. An employee who is on leave on the first day of a month may not use the sick leave that the employee accrues for that month until after a return to duty. Employees on leave without pay will not accrue sick leave during any full calendar month when they are not on the payroll. Faculty with nine-month appointments will not accrue sick leave during any month of the summer unless they are teaching at least 50% FTE.

In accordance with Texas Government Code Section 661.203, faculty members must submit prescribed leave forms for all sick leave taken if an absence occurs during the normal workday for regular employees, even if no classes are missed. Faculty absences are to be taken at the same rate as staff, 8 hours per day for time missed.

Sick leave is earned based on the full-time contracted assignment; therefore, sick leave is not available to use to cover absences from overload jobs. If a substitute is hired, overload pay will be docked for time missed.

Any employee absent because of illness must notify his/her supervisor at the earliest practical time. To be eligible for accumulated sick leave with pay for any continuous period of more than three (3) working days, an employee absent due to illness shall send to the supervisor (administrative head of his/her employing agency) a doctor’s certificate showing the cause or nature of the illness, (or some other written statement of the facts concerning the illness which is acceptable to such administrative head). It is within the discretion of the supervisor (administrative head) to require documentation concerning illnesses resulting in absences of three (3) working days or less. In addition, the supervisor may request a doctor's certification as to the employee's fitness to return to normal duties.

Normal utilization of sick leave benefits should not interfere with overall productivity of the department. Therefore, it is appropriate that corrective steps be taken if an employee abuses sick leave (e.g., calls in sick when absent for non-health related reasons), or if an employee has prolonged and/or frequent and regular absences which substantially hinder the employee in carrying out required duties and responsibilities. Corrective steps may include medical consultations, counseling, disciplinary warnings, and may eventually lead to termination.

Employees who exceed their accrued sick leave will be required to use any accrued vacation or compensatory time. When all accrued leave is exhausted, the employee will be placed on leave without pay (LWOP). An F3.2 must be generated placing the employee on LWOP for the appropriate time.

The President may grant extended sick leave to employees on an individual basis after reviewing the particular case. Employees must request the extended sick leave and provide a description of the circumstances that might justify such a request.

If an employee becomes ill or injured while on vacation leave, the employee may use accumulated sick leave provided the supervisor is notified as soon as possible and the employee submits satisfactory evidence confirming the illness. The supervisor will normally require doctor's certification.

Should a regular college holiday occur during a period of sick leave, the time shall be charged as a paid holiday rather than as sick leave. Again, the supervisor may require documentation of illness.

Terminating employees will not be paid for any accumulated sick leave.

The estate of an employee who dies while employed by the state is entitled to payment for half of the accrued sick leave or for 336 hours of sick leave, whichever is less. Payment is calculated at the salary rate paid to the employee at the time of death. The payment is computed as though the employee had actually used these leave hours while on the agency's payroll. Any state holiday that falls within this period shall not be charged against the accrued leave hours.

If an employee transfers to another state agency without a break in service, the accumulated sick leave balance shall be transferred to the hiring agency.

An employee separated from employment with the state under a formal reduction-in-force shall have his/her sick leave balance restored if re-employed by the state within twelve (12) months of termination. An employee separated for other reasons shall also have his sick leave balance restored:

  1. if re-employed by the agency or institution within twelve (12) months of termination, provided there has been a break in service of at least thirty (30) calendar days since termination, or
  2. if re-employed by the state, with an agency or institution other than the agency or institution from which the employee separated, within twelve (12) months of termination.

In addition, an employee restored to state employment immediately following military service will have any accrued balance restored.

House Bill 1177, 75th Legislature allows an employee who is a parent of a child who is a student attending a grade from pre-kindergarten through 12th grade to use up to eight hours of sick leave each fiscal year to attend parent-teacher conferences regarding the employee’s children. Employees must give reasonable advance notice of the need for this leave. House Bill 480, expands authority for state employees to use up to eight hours of sick leave each fiscal year to attend educational activities of the employee’s children. Educational activities include school-sponsored activities such as parent-teacher conferences, tutoring, volunteer programs, field trips, classroom programs, school committee meetings, academic competitions, and athletic, music or theater programs.

Retirees who return to state employment will not have their sick leave balance restored.

Sick Leave Donation

The 84th Texas Legislature (2015) enacted a provision to permit state employees to transfer accrued sick leave to another, specific employee within the same agency. These transfers are subject to certain limitations under the statue and create a taxable event to either the donor or the recipient.

  • Eligible Transfers: Accrued sick leave may be transferred to another employee if:
    • The recipient is employed in the same state agency as the donor employee,
    • The recipient has exhausted all earned sick leave and any sick leave pool eligibility, and,
    • The leave is voluntarily donated without the exchange of payment or gift.
  • Limitation on Received Leave: Recipients of donated leave under this statue may:
    • Use the leave only for the limited purposes of sickness, injury, pregnancy, or caring for an immediate family member who is sick (see Texas Government Code §661.202(d) and (e)); and,
    • Not transfer unused, donated leave when changing employment to another agency.
  • Taxation of Donated Leave, generally: The Internal Revenue Service generally considers the transfer of an employment benefit, such as sick leave, to be an assignment of income by the donating employee.
    • Thus, except as indicated below, sick leave transfers are taxable as wages to the donating employee.
    • The appropriate income tax withholding on the value of the donated leave should be deducted from the employee’s pay earned in the donating pay period.
    • Transfers taxed to the donor should not be taxed to the recipient, either upon transfer or when used.
  • Taxation of Donated Leave for “Qualifying Medical Emergencies”: The IRS has carved out a medical emergency exception to the donor taxation rule. For such donations, the following apply:
    • Donations to individuals who have “Qualifying Medical Emergencies” are not taxable to the donor.
    • “Qualifying Medical Emergencies” are those that prevent an employee from working to such degree that he or she will suffer a substantial loss in income.
    • For such emergencies, donations are taxable as wages to the recipient employee at the time the leave is used (at the recipient’s rate of pay).
  • Sick leave donations are non-returnable whether used or not by the receiving employee.
  • Employees receiving donated sick leave may not receive service credit in the Employees Retirement System of Texas (ERS) or the Teachers Retirement System (TRS) for any donated sick leave that is unused on the last day of employment.
  • Human Resources will be responsible for processing a request to donate sick leave. A completed Sick Leave Donation form will be required to be submitted to the Human Resources Office.

4.5 Catastrophic Sick Leave Pool

Scope: Faculty and Staff

Use of the sick leave pool is limited to cases of catastrophic illnesses or injuries. A catastrophic injury or illness is defined by the Employees Retirement System of Texas as: “A severe condition or combination of conditions affecting the mental or physical health of the employee or the employee's immediate family that requires the services of a licensed practitioner for a prolonged period of time and that forces the employee to exhaust all leave time earned by that employee and to lose compensation from the State for the employee. Licensed practitioner means practitioner, as defined in the Texas Insurance Code, who is practicing within the scope of his or her license. Immediate family is defined as those individuals related by kinship, adoption, marriage, or foster children who are so certified by the Texas Department of Human Services who are living in the same household or if not in the same household are totally dependent upon the employee for personal care or services on a continuing basis.” The missed work may be continuous or intermittent. For part time employees, the period will be proportional to their percent effort.

Administration of the Pool

  1. The Human Resources Director will be responsible for administering the Pool.
  2. The Pool Administrator will appoint a 3–5 member committee to review the request and make a recommendation as to the disposition of the request.
  3. The Pool Administrator is responsible for determining eligibility, verifying procedures have been followed, approving or disapproving the request, and determining the number of hours to be awarded if the request is approved.
  4. The Pool Administrator will notify the employee of the decision. If approved, the employee’s sick leave accrual will be credited with the approved hours and those hours will be deducted from the Pool balance. Unused hours will be deducted from the employee’s sick leave accrual and credited to the Pool.

General Provisions of the Sick Leave Pool

  1. To be eligible for leave donation, the employee must have been employed by Lamar State College Orange for six consecutive months immediately prior to the request, be eligible for leave accrual and have exhausted all leave during the immediate preceding three (3) months as a result of a catastrophic injury or illness.
  2. Employees may use pool leave for their own catastrophic illness/injury or for a member of the immediate family.
  3. Employees may also use pooled sick leave if they contributed sick leave to the pool and then exhausted their sick leave balance in the same fiscal year. Such employees may receive only the number of hours they contributed to the pool that fiscal year if they suffer a non-catastrophic illness or injury.
  4. Employees must exhaust all accrued leave before they are eligible to use leave from the pool.
  5. An employee on pooled sick leave for a full calendar month will not receive credit for accrued sick leave and vacation until the first day that he or she returns to work. An employee using sick leave pool part time or intermittently will have vacation and sick leave credited and must use the vacation and sick leave before using the sick leave pool hours.
  6. Employees with catastrophic illnesses or injuries are not required to contribute to the pool before they can use pool leave.
  7. Employees who use pool leave are not required to pay back pool leave.
  8. Absences for maternity leave purposes are not eligible for leave unless there are severe medical complications requiring additional absence from work beyond 12 weeks absence.
  9. This program cannot be used for elective surgeries or for anything other than a severe injury or illness that could not have been reasonably anticipated.
  10. In no case may Sick Leave Pool hours to be used in conjunction with a Workers’ Compensation Claim.
  11. All eligible employees will have equal access to the pool. Decisions to allocate pool resources to eligible employees will be equitable, consistent, and without regard to employee classification or any other legally impermissible reason.

Contributing Sick Leave to the Pool

  1. Contributions to the pool are strictly voluntary.
  2. Active employees may contribute an unlimited number of hours of sick leave to the pool each year in increments of eight hours; retiring employees may contribute in increments of less than eight hours.
  3. Employees who make contributions to the pool may not stipulate who is to receive their contributions.
  4. Employees will be encouraged to contribute to the pool at the time of their separation from state employment.
  5. Employees who contribute leave to the pool cannot get it back unless they are eligible to use it.

Requesting to Use Leave From the Pool

  1. The Sick Leave Pool Withdrawal Request Form will be forwarded to the Director of Human Resource (Pool Administrator) through appropriate supervisory channels, and will be considered by the Pool Administrator on a first-come, first-served basis.
  2. The Pool Administrator will process requests within 10 working days following receipt of all information necessary to make a decision.
  3. The Pool Administrator determines the amount of Pool Leave granted for each catastrophic illness or injury. The amount of Sick Leave Pool granted will be limited to 30 working days (240 hours). However, only actual hours required should be requested.
  4. The employee may reapply for additional Sick Leave Pool if the amount previously granted is insufficient to cover the employee’s absence. The subsequent requests are subject to the same restrictions as indicated previously, including additional physician’s statements.
  5. Although employees may make additional requests for Sick Leave Pool, the total amount granted for catastrophic injuries or illnesses during an employee’s tenure with the college cannot exceed one-third (1/3) of the balance of hours in the pool, or 90 days, whichever is less.
  6. Any unused balance of Pool Leave granted to an employee will be returned to the Pool. The estate of a deceased employee is not entitled to payment for unused Pool Leave.
  7. Employees seeking permission to withdraw time from the sick leave pool because of a catastrophic illness or injury are required to provide a written statement from the appropriate licensed practitioner sufficient to evaluate the employee’s eligibility. (S.B. 1624, 75th Legislature, General Appropriations Act)
  8. The employee should advise in the sick leave pool request if they are receiving subrogation benefits, i.e., by legal right collecting pay, reimbursement for loss of work time, or damages from a third party as a result of the catastrophic illness or injury.
  9. Before a Sick Leave Pool request will be granted, the following factors will be taken into consideration:
    • Severity of the illness or injury;
    • Responsible use of sick leave in the past; and
    • Intent to return to work.

Employees have no right to Sick Leave Pool and the granting of it is discretionary.

4.6 Leave Without Pay (LWOP)

Scope: Faculty and Staff

Leave without pay (LWOP) can only be granted according to the following provisions:

All such leave without pay will be limited to 12 months.

Except for disciplinary, worker's compensation, and military situations, all accumulated paid leave entitlement must be exhausted before such LWOP can be granted. Sick leave must be exhausted only in those allowable cases as provided in the sick leave provisions. All such leave will be limited to twelve months.

Although approval of such leaves constitutes a guarantee of employment for a specified period of time such a guarantee is subject to fiscal constraints.

The President may waive these limitations for such reasons as inter-agency agreements or for educational purposes.

Except in the case of an employee returning to state employment from military LWOP, any full calendar month in which an employee is on LWOP will not be counted in the calculation of total state service for the purpose of vacation or longevity pay entitlement. No employee shall accrue vacation or sick leave for such a month. Any such full calendar month of LWOP shall not constitute a break in the continuity of state employment, but shall not be considered in the calculation of six months continuous service under vacation leave provisions.

A full-time employee or regular part-time employee who is subject to FLSA and on leave without pay shall have his or her compensation reduced for that particular pay period at the equivalent hourly rate of pay times the number of work hours lost by leave without pay. FLSA exempt employees may also be subject to salary reduction in the same manner, in accordance with provisions set forth in the overtime provisions of 29 C.F.R. section 541.188. FLSA exempt employees who are absent from work for less than one day for personal reasons or sickness or disability under certain conditions may be subject to a salary reduction.

See guidelines on sick and vacation leave to determine limitations on use of leave. Placing an employee on LWOP involves additional administrative expenses and creates an additional workload for co-workers and therefore, frequent or lengthy LWOP status may subject the employee to corrective actions up to and including termination.

4.7 Extended Leave Without Pay

Scope: Faculty and Staff

Any employee who wishes to be placed on LWOP status for any period of time for a full calendar month or longer must make a written request to the appropriate Dean or Vice President. Normally such requests will be limited to six months and in no case will they extend beyond twelve months. When such leaves are granted, the employee will be eligible to return to employment in a similar position provided that at the expiration of the leave:

  • The employee is in satisfactory medical condition to resume full employment. A doctor's certificate will be required;
  • The employee notifies the Human Resources Office in writing of the intent to return to work;
  • The employee allows at least thirty days for reinstatement in a similar position.

Although approval of such leave constitutes a guarantee of employment for a specified period of time such a guarantee is subject of fiscal constraints.

The College does not assure that employees returning from extended LWOP will be returned to their same position but only that they will be returned to a similar position for which their qualifications are accepted by the supervisor holding an available and vacant position.

Failure of an employee to return to work at the end of an approved LWOP will be a voluntary termination of employment (employment will terminate) unless a request for extension of the LWOP has been approved by the appropriate Vice President. The request will not be approved beyond the 12-month limit.

Employment while on a disability LWOP is cause for termination unless specifically approved as related to the employee's College responsibilities.

During an extended LWOP (longer than a calendar month), except in the case of FMLA, the employee is responsible for paying the full insurance premiums on any coverage. That is, the employee must pay both the normal employee cost and the state contributions, employees on FMLA are required to pay for optional coverage. Failure to pay the premium will result in cancellation of the insurance and a physical exam may be required to have the insurance reinstated.

No sick or vacation leave will be accrued for any calendar month on LWOP.

Retirement contributions are discontinued while on LWOP. Accrued benefits are not forfeited, nor can they be withdrawn during the LWOP.

4.8 Military Leave

Scope: Faculty and Staff

Regular employees are eligible for several types of military leave:

Authorized Training or Duty

Regular employees who are members of the State Military Forces or members of reserve components of the U.S. Armed Forces engaged in authorized training or duty are entitled to leaves of absence from their respective duties without loss of efficiency rating, vacation leave, or salary for not more than 15 days in a federal fiscal year. Such days may be consecutive or non-consecutive.

If additional days are needed, the employee shall be allowed to use vacation time, or if that is exhausted, be placed on LWOP.

Call to National Guard Active Duty by the Governor

An employee who is a member of the National Guard called to active duty by the Governor because of an emergency is entitled to receive and shall be granted emergency leave without loss of military or annual leave. Such leave shall be granted with full pay.

Call to National Emergency Duty, U.S. Armed Forces Reserve

An employee called to active duty during a national emergency by a reserve branch of the U.S. Armed Forces shall be granted a leave of absence. Employees are entitled to 15 working days of compensation if they have not already exhausted their 15-day annual entitlement. After exhausting 15 days of paid leave, leave will be unpaid. The employee will accrue state service while on LWOP but does not accrue sick leave or vacation. However, the employee retains any accrued sick leave or vacation and will be credited with those balances upon return from leave.

Other Military Leave

Employees returning to their position after active service in the military are considered to have been on furlough or leave of absence. All leave balances will be restored and time spent on active duty will be credited as state service. To be eligible for restoration on returning from military service the employee must have been honorably discharged no later than the 5th anniversary of the date of induction, enlistment or called to active military service; and be physically and mentally qualified to perform the duties of that position, applied for restoration within 90 days after leaving military service, and have been absent from state service not longer than five years.

The Attorney General has ruled that state employees returning to work following military service under restoration provisions are entitled to include time spent on active duty with longevity of employment (state service credit) for purposes of vacation and sick leave entitlement. Returning employees do not accrue vacation or sick leave while on active military duty and are not considered employed by the State.

Employees requesting any type of military leave must present copies of their orders to be placed in their personnel files.

4.9 Response/Training Leave

Scope: Faculty and Staff

Volunteer Fire Fighter and EMS Training

Volunteer fire fighters and emergency medical services volunteers shall be granted up to five days of paid leave each fiscal year for attending training school conducted by state agencies. This leave is not charged against the employee's accrued leave balance. Employees requesting such leave should provide their supervisor with support documentation verifying the training. Copies of the documentation will be placed in their personnel file.

Leave with full pay may also be granted to volunteer firefighters and emergency medical services volunteers for the purpose of responding to emergency fire or medical situations if the agency or institution has an established policy for granting the leave time.

Certified Red Cross Activities Leave

Any State employee, who is a certified disaster service volunteer of American Red Cross or who is in training to become such a volunteer, with the authorization of his/her supervisor, may be granted a leave not to exceed ten days each fiscal year to participate in specialized disaster relief services. The employee must have supervisory authorization in addition to a request from the American Red Cross and approval of Governor’s office. If the above conditions are met, the employee will not lose pay, vacation time, sick leave, earned overtime and/or compensatory time during such leave.

Reserve Officers Training Leave

Reserve law enforcement officers (as defined in Section 1701.001, Tex. Occupation Code) are entitled to leave with pay to attend training under Section 1701.351, Tex. Occupation Code, for not more than five working days every fiscal biennium.

4.10 Leave for Assistance Dog Training

Scope: Faculty and Staff

A state employee who is a person with a disability as defined by the Human Resources Code section 121.002 shall be granted a paid leave of absence not to exceed 10 days each fiscal year for the purpose of attending a training program to acquaint the employee with an assistance dog to be used by the employee.

4.11 Family Medical Leave

Scope: Faculty and Staff

Family Medical Leave Act

1. Policy

It shall be the policy of Lamar State College Orange to provide all eligible employees twelve (12) weeks leave time to care for their needs and those of their family members. This policy shall meet the requirements of the Family Medical Leave Act (FMLA). Employees utilizing Family Medical Leave (FML) will be granted the rights preserved in that legislation and the regulation defined by the U.S. Department of Labor and the State Appropriations Act.

2. Eligibility

To be eligible for leave under the Family Medical Leave, an employee (Faculty or Staff) must have

2.1. a total of at least 12 months of state service. In calculating the required twelve (12) months, all state employment will be counted and it need not be continuous. And,

2.2. worked at least 1250 hours during the (12) month period immediately preceding the commencement of leave. 1250 hours refers to hours actually worked and does not include paid time off.

State employees meeting the above eligibility criteria are hereby entitled to leave pursuant to the Federal Family and Medical Leave Act (FMLA) provided that the employee utilizes all available applicable paid vacation and sick leave while taking leave pursuant to this provision. In instances where spouses both work for the institution, they will be limited to a combined total of 12-weeks of FML for the birth and care of a newborn, child, placement of a child for adoption or foster care, or to care for a parent who has a serious health condition.

Those employees with less than a total of 12 months of state service or who have worked less than 1,250 hours in the 12-month period immediately preceding the commencement of leave are eligible to take a parental leave of absence, not to exceed 12 weeks, provided that the employee utilizes all available applicable paid vacation and sick leave while taking leave pursuant to this subdivision. The leave authorized by this subdivision is limited to, and begins with the date of, the birth of a natural child or the adoption or foster care placement of a child under three years of age.

The State Auditor’s Office has issued a revised interpretation indicating that sick leave may be used in conjunction with FMLA leave when a child under the age of three is adopted regardless of whether the child is actually sick at the time of adoption.

3. Qualifying Events

Eligible employees are entitled to a total of twelve (12) weeks of unpaid leave during any twelve (12) month period for one (1) or more of the following:

3.1 for incapacity due to pregnancy, prenatal medical care or child birth;

3.2 to care for the employee's child after birth, or placement for adoption or foster care;

3.3 to care for the employee's spouse, son or daughter, or parent, who has a serious health condition;

3.4 for a serious health condition that makes the employee unable to perform the employee's job; or

3.5 a qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is covered military member on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation.

Holidays occurring while an employee is on FML are counted towards the maximum total of 12 workweeks of unpaid leave in a 12-month period. However, holiday closings of a week or more are not counted toward FML entitlement.

4. Military Family Leave Entitlements

Eligible employees with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves in support of a contingency operation may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

FMLA also includes a special leave entitlement that permits eligible employees to take up to 26 weeks of leave to care for a covered service member during a single 12-month period. A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the service member medically unfit to perform his or her duties for which the service member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list.

5. Administration

Lamar State College Orange will use a 12-month period measured forward from the date an employee first uses family and medical leave.

5.1 Eligible employees must utilize all available applicable leave when taking Family Medical Leave. After all paid leave is utilized, the State will pay for the State paid portion of the employee's coverage under the group health plan for any remaining calendar months of leave without pay which may be taken under FMLA.

5.1.1 Leave is Unpaid: Family/medical leave is unpaid although the employee may be eligible for short or long term disability payments and/or workers' compensation benefits under those insurance plans. If the employee requests leave because of a birth, adoption or foster care placement of a child, any accrued paid vacation and compensation leave or applicable sick leave first will be substituted for any unpaid family/medical leave. If the employee requests leave because of his/her own serious health condition, any accrued sick leave, paid vacation, or compensation leave, will be substituted first for any unpaid family/medical leave. The substitution of paid leave time for unpaid leave time does not extend beyond the twelve (12) week leave period.

5.1.2 Medical and Other Benefits: Health care coverage will cease if premium payment for dependent coverage is more than thirty (30) days late. If the employee elects not to return to work at the end of the leave period, he/she will be required to reimburse the State for the cost of the premiums paid to maintain coverage during leave, unless he/she cannot return to work because of a serious health condition or other circumstances beyond his/her control.

5.2 An employee on FML is not entitled to accrue service credit for any full calendar months of LWOP taken while on FML and shall not accrue vacation or sick leave for such months. Further, any full calendar months of LWOP shall not be included in the calculation of six (6) continuous months of employment.

5.3 Notice of Leave: If need for family/medical leave is foreseeable, employees must give Lamar State College Orange thirty (30) days prior written notice. If not possible, at least as soon as practicable (within 1 to 2 business days of learning of that need for leave). Failure to provide such notice may be grounds for delay of leave. Where the need for leave is not foreseeable, notification must be given within 1 to 2 working days of learning of need for leave, except in extraordinary circumstances. Request for FML on the F3.6A forms should clearly identify leave under this policy. The employee shall make a request for FML through the Office of Human Resources. Supervisors are responsible for notifying the Human Resources Director of situations which may qualify an employee for FML.

5.4 Medical Certification: If requesting leave because of employee's or a covered relation's serious health condition, or military caregiver’s leave, the relevant health care provider must supply appropriate medical certification. Medical Certification Forms are available from the Human Resources Office. Failure to provide requested medical certification in a timely manner may result in denial of leave until it is provided.

5.5 Reporting While on Leave: The employee must report to the Human Resources Director regarding the status of his/her condition and intention to return to work on a monthly basis the 1st day of the month.

5.6 Intermittent and Reduced Schedule Leave: Leave because of a serious health condition, may be taken intermittently (in separate blocks of time due to a single health condition) or on a reduced leave schedule (reducing the usual number of hours worked per workweek or workday) if medically necessary. If leave is unpaid, Lamar State College Orange will reduce the employee's salary based on the amount of time actually worked. In addition, while he/she is on an intermittent or reduced schedule leave, Lamar State College Orange may temporarily transfer the employee to an alternative position which better accommodates the recurring leave and which has equivalent pay and benefits. Employees requesting intermittent leave to care for a child that is a newborn, during adoption, or during foster care must get supervisory approval for intermittent leave.

5.7 Returning From Leave: If leave is taken because of employee's serious health condition, he/she will be required to provide medical certification to resume work. Return to Work Medical Certification Forms may be obtained from the Human Resources Office. Employees failing to provide the Return to Work Medical Certification Form or a doctor's release form will not be permitted to resume work until it is provided.

5.8 Extended Leave For Serious Health Condition: Leave taken because of an employee's own serious health condition may be extended additional weeks (see Leave Without Pay Policy). If an employee does not return to work on the originally scheduled return date nor requests in advance an extension of the agreed upon leave with appropriate documentation, he/she will be deemed to have voluntarily terminated employment with Lamar State College Orange.

6. Definitions

For the purposes of this policy, the following definitions apply:

6.1 “Spouse” is defined in accordance with applicable State law.

6.2 “Parent” includes biological parents and individuals who acted as parents, but does not include parents-in-law.

6.3 “Son” or “daughter” includes biological, adopted, foster children, stepchildren, legal wards, and other persons for whom the employee acts in the capacity of a parent and who is under 18 years of age or over 18 years of age but incapable of caring for themselves.

6.4 “Serious health condition” means any illness, injury, impairment, or physical or mental condition that involves: (1) any incapacity or treatment in connection with inpatient care; (2) an incapacity requiring absence of more than three calendar days and continuing treatment by a health care provider; or (3) continuing treatment by a health care provider of a chronic or long term condition that is incurable or will likely result in incapacity of more than three (3) days if not treated.

6.5 “Continuing treatment” means: (1) two or more treatments by a health care provider; (2) two or more treatments by a provider of health care services (e.g., physical therapist) on referral by or under orders of a health care provider; (3) at least one treatment by a health care provider which results in a regimen of continuing treatment under the supervision of the health care provider (e.g., a program of medication or therapy); or (4) under the supervision of, although not actively treated by, a health care provider for a serious long-term or chronic condition or disability which cannot be cured (e.g., Alzheimer's or severe stroke).

6.6 “Health Care Provider” includes: licensed MD's and OD's, podiatrists, dentists, clinical psychologist, optometrist, chiropractors authorized to practice in the State, nurse practitioners and nurse-mid-wives authorized under the State law, and Christian Science practitioners.

6.7 “Needed to care for” a family member encompasses: (1) physical and psychological care, and (2) where the employee is needed to fill in for others providing care or to arrange for third party to care for the family member.

6.8 The phrase “unable to perform the functions of his/her job” means an employee is: (1) unable to work at all; or (2) unable to perform any of the essential functions of his/her position. The term “essential functions” is borrowed from the Americans with Disabilities Act (“ADA”) to mean “the fundamental job duties of the employment position,” and does not include the marginal functions of the position.

Reference: General Appropriations, Regular Session, Section 8 U.S. Public Law 1033, Family Medical Leave Act, 29CFR825

4.12 Parental Leave

Scope: Faculty and Staff

Employees with less than 12 months of state service or less than 1,250 hours of work in the 12 months immediately preceding the start of leave are entitled to a parental (unpaid) leave of absence, not to exceed 12 weeks, if the employee uses all available paid vacation and sick leave while taking the parental leave. Such parental leave may only be taken for the birth of a natural child or the adoption or foster care placement with the employee of a child under three years of age. The leave period begins with the date of birth or the adoption or foster care placement.

4.13 Foster Parental Leave

Scope: Faculty and Staff

A state employee, who is a foster parent to a child under the conservatorship of the Department of Protective and Regulatory Services (DPRS) is entitled to a leave of absence with full pay for the purpose of attending staffing meetings held by the DPRS regarding the employee's foster child. In addition, the employee may attend, with paid leave of absence, the Admission, Review, and Dismissal (ARD) meeting held by a school district regarding his or her foster child.

4.14 Emergency Bereavement Leave

Scope: Faculty and Staff

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 (Tex. Gov’t Code 661.902).

Leave for anyone other than members of the employee’s immediate family shall be charged to vacation, compensatory time or leave without pay. An employee who must be away from the job due to a death in the immediate family should notify the supervisor on or before the first day of such absence. The Request for Overtime and Leave Form (F3.6A) should be completed and the absence approved. The Request for Leave should show the name, relationship, date of death, and date of funeral service of the family member.

The amount of time granted shall normally not exceed 3 days. Request for leave in excess of 3 days may be approved by the President based on the facts and circumstances of each case. A full 3 days is not automatically granted since it is intended that such leave be limited to the reasonable amount of time necessary for travel, funeral arrangements, funeral services, and being with other family members during the immediate period of bereavement.

The President may determine that a reason other than a death in the immediate family is sufficient for granting emergency leave.

4.15 Emergency Leave/Administrative Leave and Other Leave

Scope: Faculty and Staff

Emergency/Administrative Leave

The President may grant emergency leave for reasons determined to be for good cause. Such requests must be in writing and approved by the President.

Other Leave

Leave for Organ or Bone Marrow Donors: An 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. The leave of absence provided may not exceed:

  • Five working days in a fiscal year to serve as a bone marrow donor, or
  • 30 working days in a fiscal year to serve as an organ donor.

Donation of Blood: The institution shall allow each employee sufficient time off, without a deduction in salary or accrued leave, to donate blood. An employee may not receive time off unless the employee obtains approval from his or her supervisor before taking time off. Upon returning to work after taking time off to donate, an employee shall provide his or her supervisor with proof that the employee donated blood during the time off. If the employee fails to provide proof that the employee donated blood during the time off, the College will deduct the period for which the employee was granted time off from the employee’s salary or accrued leave, whichever the employee chooses. An employee may receive time off for this type of leave not more than four times in a fiscal year.

Time Off to Vote: The College shall allow each employee sufficient time off, without a deduction in salary or accrued leave, to vote in each national, state, or local election if there is not sufficient time to vote outside regular working hours. An employee may not receive time off unless the employee obtains approval from his or her supervisor before taking time off.

Court Appointed Special Advocate (CASA) Volunteers: Court Appointed Special Advocates (CASA) are volunteers selected by the state’s judicial system to, among other duties, provide detailed information a court may need to ensure a child’s best interest is served where residency or other matters are concerned. Employees who are CASA volunteers are eligible for paid leave not to exceed five hours each month to participate in mandatory training or to perform volunteer services for CASA. This leave is provided to an employee without a deduction in salary or loss of vacation time, sick leave, earned overtime, or state compensatory leave. An employee may be required to provide documentation of his/her CASA volunteer status to his/her supervisor before the leave is approved.

4.16 Workers’ Compensation

Scope: Faculty and Staff

The State Office of Risk Management (SORM) administers the state’s Workers' Compensation system Lamar State College Orange. The director of SORM represents the State in Workers' Compensation matters, may make procedural rules, and may prescribe forms necessary for the effective administration of the program.

Recovery of workers' compensation benefits is the exclusive remedy of an employee covered by workers' compensation insurance coverage or a legal beneficiary against the employer or an agent or employee of the employer for the death of or a work-related injury sustained by the employee. However, this does not prohibit the recovery of exemplary damages by their surviving spouse or heirs of the body of a deceased employee whose death was caused by an intentional act or omission of the employer or by the employer's gross negligence as defined by Section 41.001, Civil Practice and Remedies Code. A determination by the Division of the Workers' Compensation (DWC) at the Texas Department of Insurance that a work-related injury is non-compensable does not adversely affect the exclusive remedy provisions in statute. To receive these benefits, an employee must suffer a compensable injury on the job. An injury is defined as “damage or harm to the physical structure of the body and a disease or infection naturally resulting from the damage or harm.” An occupational disease is considered an injury.

All employing agencies are required to fully cooperate with SORM and the DWC in any way that may be required to properly administer the workers' compensation program for state employees.

State agencies are responsible for certain required “employer” reports and forms.

Medical Benefits

An injured employee is entitled to all health care reasonably required to treat an injury or illness when needed. The injured worker is entitled to his or her choice of treating physicians; however, the physician must be one of the doctors listed on the DWC's approved doctor list. If an employee is dissatisfied with the initial choice of a doctor from the DWC's list, the employee may notify the DWC and request authority to select an alternative doctor. The notification must be in writing and state the reasons for the change, except notification may be made by telephone when a medical necessity exists for immediate change.

Income Benefits

In addition to medical payments, employees are eligible to receive income benefits for time lost from work as a result of an injury. To be eligible, an injury must result in disability for at least one week. Income benefits begin to accrue on the eighth day after the disabling injury. This entitlement ends upon the death of the employee. Eligibility for income benefits (for example, temporary income, impairment increment, or supplemental income) expires 401 weeks after the date of the disabling injury.

An employee may elect to use available sick leave before receiving income benefits. If an employee chooses to use his or her sick leave, all of the accrued sick leave must be exhausted before the compensatory payments will begin. The employee may also elect not to use sick leave. Once the election has been made, the employee cannot change his or her election at a later date.

The Office of the Attorney General has ruled that employees who are receiving temporary disability payments or workers’ compensation benefits may use their paid vacation leave.

There are four categories of income benefits: temporary, impairment, supplemental, and lifetime. A brief description of each follows.

Temporary benefits continue until a worker has reached maximum medical improvement (MMI). MMI is reached when certified by a doctor or after 104 weeks after temporary benefits began to accrue whichever occurs first. These benefits are paid at 70 percent of the difference between the worker's average pre-injury weekly wage and the worker's post-injury weekly earnings, not to exceed 100 percent of the state average weekly wage rounded to the nearest whole dollar. For workers who earn less than $8.50 an hour, benefits for the first 26 weeks are paid at 75 percent of the difference between the worker's average pre-injury wage and the workers post-injury earnings.

Impairment benefits begin the day after a worker has reached his or her MMI point and end either on the date of expiration computed at a rate of three weeks for each percentage point of impairment, or on the date of the employee's death, whichever comes first. A worker who remains impaired by an injury after he or she has reached MMI will be eligible for impairment benefits. If the diagnosis is disputed and the parties cannot agree on a doctor to determine whether a worker has reached MMI, the TWCC will assign a doctor.

The certifying doctor assigns a rating to the worker's impairment using the America Medical Association's Guides to the Evaluation of Permanent Impairment. The rating determines the number of weeks that impairment benefits will be paid. If the impairment rating is disputed, a doctor chosen by the agreement of both parties or, if the parties cannot agree, a doctor appointed by the TWCC will assign a rating. Impairment income benefits are paid at 70 percent of the worker's average pre-injury wage, not to exceed 70 percent of the state average weekly wage rounded to the nearest whole dollar.

Supplemental benefits are paid when a worker's impairment benefits expire if the worker has an impairment rating of 15 percent or more; has not returned to work at all or returns to work earning less than 80 percent of his or her average pre-injury weekly wage; has not decided to commute part of his or her impairment income benefit; and has made a good faith effort to seek employment according to his or her ability to work. Eligible employees may be paid supplemental benefits not to exceed 70 percent of the state weekly wage rounded to the nearest whole dollar. Benefits for a week are equal to 80 percent of the amount calculated by subtracting a worker's weekly wage earned during the reporting period from 80 percent of the worker's average weekly wage.

Lifetime benefits are paid for specific serious injuries until the death of the employee. Employees may be paid at 75 percent of the worker's average pre-injury weekly wage, not to exceed 100 percent of the state average weekly wage rounded to the nearest whole dollar, for the following injuries:

  • total and permanent loss of sight in both eyes;
  • loss of both feet at or above the ankle; loss of both hands at or above the wrist;
  • loss of one foot at or above the ankle and the loss of one hand at or above the wrist;
  • an injury to the spine that results in permanent and complete paralysis of both arms, both legs, or one arm and one leg;
  • or an injury to the skull resulting in incurable insanity or imbecility.

Death and burial benefits are paid to the beneficiaries of the deceased employee if the employee dies of a compensable injury. The beneficiaries of the employee are entitled to 75 percent of the employee's average weekly salary not to exceed 100 percent of the state average weekly wage rounded to the nearest whole dollar. Beneficiaries may include eligible spouses, children, grandchildren, or dependents.

Weekly payments to an employee's eligible spouse continue until the spouse dies or remarries. If the spouse remarries, he or she may receive 104 weeks of death benefits, commuted according to TWCC rules. Weekly payments to an employee's dependent child continue until the child reaches age 18. If the child is enrolled as a full-time student at an accredited educational institution, then weekly payments may continue until the child reaches age 25, until the date the child is no longer enrolled as a full-time student for the second semester in a row, or until the child dies, whichever is first. A child who is an employee's dependent at the time the employee dies is entitled to receive benefits until the date the child dies, the date the child no longer has a disability, or, if the child does not have a disability, after 364 weeks of death benefit payments, whichever is first. All other beneficiaries are entitled to 364 weeks of payments or payments until the date they die. Burial benefits include the actual costs incurred for reasonable burial expenses or $2,500.

Work Search Compliance Standards. The commissioner by rule shall adopt compliance standards for supplemental income benefit recipients that require each recipient to demonstrate an active effort to obtain employment. To be eligible to receive supplemental income benefits, a recipient must provide evidence satisfactory to the DWC of one of the following:

  • Active participation in a vocational rehabilitation program conducted by the Department of Assistive and Rehabilitative Services or a private vocational rehabilitation provider.
  • Active participation in work search efforts conducted through the Texas Workforce Commission.
  • Active work search efforts documented by job applications submitted by the recipient.

By rule the commissioner shall:

  • Establish the level of activity that a recipient should have with the Texas Workforce Commission and the Department of Assistive and Rehabilitative Services.
  • Define the number of job applications required to be submitted by a recipient to satisfy the work search requirements.
  • Consider factors affecting the availability of employment, including recognition of access to employment in rural areas, economic conditions, and other appropriate employment availability factors.

Notification and Claim Requirement

An employee or party representing the employee must notify the employer within 30 days after the injury occurred or, if the injury is an occupational disease, as soon as the employee knew that the injury might be related to the employment. Failure to notify the employer may relieve the employer of any liability in the matter unless the employer has actual knowledge of the injury; the DWC determines that good cause exists for failure to provide notice, or the employer or its insurance carrier does not contest the claim.

Claims for compensation must normally be filed within one year from the date of injury. Failure to file a claim for compensation with the DWC as required by statute relieves the employer and the employer's insurance carrier of liability under this subtitle unless good cause exists for failure to file a claim in a timely manner or the employer or the employer's insurance carrier does not contest the claim.

Claims for death benefits generally must be filed within one year of the employee's death. Failure to file bars the claim unless the person is a minor or incompetent or good cause exists for the failure to file a claim. Separate claim must be filed for each legal beneficiary unless the claim expressly includes other parties.

Out-of-State Assignments or Positions

Workers' compensation coverage extends to employees who regularly work outside the state.

Emergency Leave and Workers’ Compensation

The administrative head of an agency, department, or institution of higher education may authorize emergency leave with pay to an employee receiving workers' compensation benefits. The emergency leave payment may not exceed an amount equal to the difference between the basic monthly wage of the employee and the amount of income benefits the employee received for the month. Emergency leave payments may not extend beyond six months.

Reporting Requirements

At the close of each calendar quarter, the State Office of Risk Management shall prepare a statement reflecting the amount of Workers' Compensation benefits paid to, or on behalf of, former and current state employees and present it to the Comptroller.

Work-Related Exposure to HIV

State Employees who have a possible work-related exposure to HIV must obtain a test for HIV within 10 days of the exposure to HIV to be eligible for workers’ compensation benefits. The employee must also provide the employer with a written statement of the date and circumstances of the exposure and a copy of the employee’s test results that indicate an absence of the disease within 30 days of the receipt of the test results.

The cost of the employee’s test(s), regardless of the results, shall be paid from workers’ compensation benefits.

(Texas Health and Safety Code, Chapter 85)

4.17 Return-to-Work Policy and Procedures

Scope: Faculty and Staff

Return-to-Work Policy Statement

It is the policy of Lamar State College Orange to provide a Return-to-Work Program as the means to return employees to meaningful, productive employment following injury or illness. In order to provide the highest level of quality service to the citizens of Texas, it is necessary for every employee of Lamar State College Orange to be available for work, ready and capable of performing the duties and responsibilities for which the employee was hired.

The return to work program provides opportunities for any employee of this agency who sustains a compensable injury during the course and scope of employment, a disability as defined by the Americans with Disabilities Act, and/or a serious health condition as defined by the Family Leave Act to return to work at full duty. If the employee is not physically capable of returning to full duty, the return to work program provides opportunities, when available, for the employee to perform a temporary assignment in which the employee's regular position is modified to accommodate the employee's physical capacities, or to perform an alternate duty position.

This return to work program shall not be construed as recognition by Lamar State College Orange, its management, or its employees that any employee who participates in the program has a disability as defined by the Americans with Disabilities Act of 1990. If an employee sustains an injury or illness that results in a disability under the ADA, it is the employee's responsibility to inform his or her supervisor or a person in a responsible management position when a disability under the ADA exists and that a reasonable accommodation is necessary to perform the essential functions of his or her job.

Specific procedures shall be provided to guide all employees regarding the return to work program. All employees, divisions, and facilities of Lamar State College Orange are expected to support and fully comply with this policy and the procedures provided to implement this policy.

A. Definitions

1. Serious Health Condition — An illness, injury, impairment, or physical or mental condition that involves:

  • inpatient care in a hospital, hospice, or residential medical care facility, including any period of incapacity; or
  • continuing treatment by a health care provider, including a period of incapacity.

2. FMLA Leave — Federal leave entitlement of up to 12 weeks of unpaid leave when an eligible employee is unable to work because of a serious health condition. The absence from work must be a period of incapacity of more than three consecutive calendar days. The leave is normally continuous, but may be taken intermittently or on a reduced leave schedule.

3. Lost Time — Time spent away from work at the direction of the treating doctor as a result of a compensable injury sustained in the course and scope of employment. The term does not include time worked in a temporary assignment.

4. Full Duty — Performance of all duties and tasks of the position for which the employee is employed. Full duty entails performing all essential and non-essential functions of the employee's regular job.

5. Temporary Assignment — Performance of a temporary job assignment that is intended to return an injured employee to work at less than his or her full duties when a compensable injury or serious medical condition prevents the employee from working full duty. Two types of temporary assignments are modified duty and alternate duty.

6. Modified Duty — Performance of all of the essential functions, but only a portion of the non-essential functions and tasks of the regular job duties for which the employee is employed. Modified duty allows the employee to return to current employment in his or her regular job, and perform those duties and tasks that are within the capabilities of the employee, given the restrictions to duty imposed by the treating physician. Modified duty is a temporary arrangement until the injured employee can resume full duty. If the employee is a qualified individual with a disability as defined under the Americans with Disabilities Act, then modified duty may become a permanent arrangement as a reasonable accommodation, if the accommodation does not create an undue hardship on Lamar State College Orange.

7. Alternate Duty — Performance of the essential functions of a job or position other than the position for which the employee is employed. Alternate duty allows the employee to temporarily perform other duties and tasks that are within the restrictions to duty imposed by the treating doctor. Such alternate duty may be physically located in the same facility or in some other facility. Alternate duty is a temporary arrangement until the injured employee can resume full activities of his/her regular job. If the employee is a qualified individual with a disability as defined under the Americans with Disabilities Act, then alternate duty may become a permanent accommodation, if the accommodation does not create an undue hardship on Lamar State College Orange.

B. Prohibited Actions

This Return to Work policy and procedure shall not be applied to any situation or circumstance in a manner that discriminates on the basis of race, color, sex, national origin, religion or disability.

It is a violation of the Return to Work policy, procedures and state or federal law for any employee, supervisor or manager of Lamar State College Orange to:

Discharge (or in any other manner discriminate against) an employee of Lamar State College Orange solely because the employee:

  • files a workers' compensation claim in good faith;
  • hires a lawyer to represent the employee in a claim;
  • institutes or causes to be instituted in good faith a proceeding under the Texas Workers' Compensation Act; or
  • testifies or is about to testify in a proceeding under the Texas Workers' Compensation Act.

Discharge (or in any other manner discriminate against) an employee of Lamar State College Orange solely because the employee:

  • opposes any practice by Lamar State College-Orange, which is unlawful under the FMLA or ADA; or has filed any charge, or has instituted or caused to be instituted any proceeding under or related to the FMLA;
  • has given, or is about to give, any information in connection with any inquiry or proceeding relating to any right provided under the FMLA; or
  • has testified, or is about to testify, in any inquiry or proceeding relating to any right provided under the FMLA.

Interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided by the Family Medical Leave Act (FMLA).

Discriminate on the basis of disability against an employee of Lamar State College Orange who is a qualified individual with a disability under the Americans with Disabilities Act (ADA) in regards to:

  • job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists;
  • leaves of absence, sick leave, or any other leave;
  • upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff, and rehiring;
  • rates of pay or any other form of compensation, changes in compensation, and fringe benefits available;
  • selection and financial support for training; or
  • social and recreational activities.

Limit, segregate, or classify a job applicant or employee in a way that adversely affects his or her employment opportunities or status on the basis of disability.

Require a medical examination of an employee who is disabled as defined under the ADA unless the medical examination is job related and consistent with business necessity.

Make inquiries as to whether an employee is an individual with a disability or as to the nature or severity of such disability.

C. Position Descriptions of All Positions

All supervisors and managers are responsible for identifying, documenting and maintaining the essential and non-essential functions in a position description for all positions for which they are responsible. The physical requirements of the position should be included in all position descriptions. All position descriptions shall be reviewed and approved by Human Resources.

D. Designated Return to Work Coordinator

The Return to Work Coordinator for the campus is a representative from Human Resources. The Return to Work Coordinator shall be responsible for coordinating all activities associated with the Return to Work Program, unless specific duties are otherwise assigned to another person or position.

E. Education and Training

The Return to Work Coordinator shall develop, maintain and provide an appropriate training module for inclusion in orientation training for new employees. The Return to Work Coordinator shall also develop, maintain and provide an appropriate refresher training module for presentation to employees on an as needed basis.

F. Employee Participation in the Return to Work Program

In order for an employee of Lamar State College Orange to be eligible to participate in the Return to Work Program, the employee must have:

  • sustained a compensable injury as defined in the Texas Workers' Compensation Act that results in lost time away from work;
  • a serious health condition as defined by the Family and Medical Leave Act; and/or
  • a disability as defined by the Americans with Disabilities Act.

An employee who meets the above criteria shall be encouraged to participate in the program. However, participation by the employee in the program is voluntary and the employee cannot be forced to participate.

G. Notification of Injury or Illness

An employee who sustains an injury or illness either on or off the job is expected to notify his or her supervisor, or a person in a management position, that an injury or serious health condition exists. Such notification should occur at the earliest possible time after occurrence of injury or knowledge that a serious health condition exists. Such notification should ideally occur within 24 hours of the injury or when the serious health condition first manifests itself. In order to receive workers' compensation benefits, an employee must give notice of injury within 30 days.

H. Authorization for Leave and Lost Time

An employee who must miss work due to a compensable injury and/or a serious health condition must be certified or authorized by a health care provider to be off work. It is the employee's responsibility to obtain such certification from the health provider and to return the certification to his/her supervisor in a timely manner. A “Certification of Physician or Practitioner” form is attached to this procedure for this purpose. If an employee is disabled as defined under the ADA, the request must be job-related, consistent with business necessity and cannot inquire as to the nature or severity of the injury.

In general, the treating health care provider's certification should be provided by the employee to the supervisor according to the following time lines:

  1. When the employee knows in advance that FMLA leave is necessary, the certification form should be provided to the supervisor a minimum of three work days prior to the time when leave will commence.
  2. When the employee cannot know in advance that leave is necessary, the certification form should be provided to the supervisor within a maximum of three calendar days after the initial visit to the health care provider.

The employee's supervisor shall provide a copy of the employee's position description to the employee to take to the health care provider to assist the health care provider to determine whether the employee can perform the essential functions of the job.

I. Substitution of Paid Leave for Unpaid Leave

If an employee is injured off the job, the current General Appropriations Act requires the employee's accrued annual leave and accrued sick leave must be utilized before unpaid leave is taken. If a compensable work-related injury or illness is involved, the employee is not required to use all accrued annual or sick leave. The employee may elect to use, but may not be required to use, accrued sick leave before receiving workers' compensation temporary income benefits. However, if the employee elects to use sick leave, all accrued sick leave must be exhausted before the employee is entitled to workers' compensation temporary income benefits.

J. Periodic Status Reports

If an employee is certified by a health care provider to be off work, the employee is required to submit periodic status reports to his/her supervisor to report the employee's status and intention to return to work. Such status reports are required at the time of each scheduled visit with the treating health care provider and are due immediately following the visit. A “Return to Work Status Report” form is attached to this procedure for this purpose. The status report should be provided to the supervisor within 24 hours of the scheduled visit, or if a weekend or holiday is involved, before close of business on the next scheduled workday.

If any employee has returned to work in a temporary assignment, and follow-up health care provider appointments are necessary, the employee shall schedule the appointments to minimize time away from the job. Time away from work for these health care provider appointments shall be counted against FMLA leave designated by the employer.

K. Communication with the Employee

The return to work coordinator shall provide information to the employee that contains the following, as appropriate:

  1. Lamar State College Orange's Return to Work Policies and Procedures, and appropriate forms.
  2. If a job-related injury or occupational disease occurs:
    • Notification that the State of Texas provides workers' compensation benefits to employees who sustain compensable job-related injuries and/or occupational diseases;
    • How medical expenses and income payments are made;
    • How employee health benefits are continued;
    • The name, location and telephone number of the local Texas Workers' Compensation Commission's (TWCC) field office and the name of the TWCC ombudsman at that office. The notice should state that the employee has a right to information and assistance from the TWCC ombudsman with his/her claim; and
    • The rights available to the employee under the Texas Workers' Compensation Act.
  3. For FMLA leave:
    • Information regarding the employee's FMLA leave entitlement;
    • How employee health benefits are continued; and
    • Required certifications from the health care provider.

The Return to Work Coordinator is responsible for maintaining regular, weekly communications with the employee. The purposes of these communications are to: encourage the employee during recuperation from the injury; communicate the value of the employee to the agency; encourage return to work at the earliest possible date; and if the employee is on lost time for a worker's compensation claim, offer assistance to the employee if needed to attend health care provider visits.

L. Communications with the State Office of Risk Management

The Claims Coordinator is responsible for timely submission to the State Office of Risk Management, all required reports and other important documents in Lamar State College Orange's possession regarding a workers' compensation claim, including the “Certification of Physician or Practitioner” form and “Return to Work Status” form. Timely submission or reports and forms is necessary in order to promptly initiate workers' compensation benefits, or cease payment of benefits when the employee returns to work. All reports and forms shall be submitted in a timely manner in accordance with the requirements of the Texas Workers' Compensation Act.

M. Bona Fide Offer of Employment for the Temporary Assignment

The bona fide offer of employment letter shall include the following information:

  • The type of position offered and the specific duties;
  • A statement that the agency is aware of and will abide by any physical limitations under which the treating doctor has authorized the employee to return to work;
  • The wage rate of the job;
  • The location of the temporary assignment;
  • The expected duration of the temporary assignment;
  • The consequences of not accepting a temporary assignment, in terms of duration and amount of temporary income benefits payable under the Texas Workers' Compensation Act, and if the leave has not been designated by the agency as FMLA leave, the appropriate administrative penalties/disciplinary measures by Lamar State College Orange as specified in the Human Resources Procedures.
  • The person to contact if the employee has questions regarding the temporary assignment, job modifications, or questions regarding the FMLA or ADA.

The employee may accept or reject this bona fide offer of employment. The employee should be informed that rejection of the bona fide offer of employment may result in workers' compensation temporary income benefits (if applicable) being stopped by the State Office of Risk Management as the state's insurance carrier. If the employee accepts the bona fide offer of employment, then the employee shall perform the duties of the temporary assignment position for the term of the assignment or until the employee is able to return to full duty, whichever is sooner. If the employee rejects the bona fide offer of employment, then the employee remains off work until the end of the FMLA leave entitlement period or until the employee is certified by the health care provider to return to full duty.

If the employee is unable to return to full duty by the end of the temporary assignment period, the employee's continued employment with the agency shall be considered based upon the business necessity of having the employee's position filled and whether any reasonable accommodation is required under the ADA.

4.18 Jury Duty

Scope: Faculty and Staff

Jury Duty

An employee is entitled to serve on a jury without any deduction from wages. Any compensation for jury service need not be accounted to the state by the employee. An employee is excused from his/her work assignment for that period of time which is required to perform this duty. Should an employee be released from duty for that day and a reasonable amount of the work day be left, the employee is expected to return to the duty station. The employee shall supply the supervisor with a copy of the call to jury duty and a copy of the release for all duty certificates. The certification should be maintained to support the filing of jury duty leave.

Officers or employees of the Senate, the House of Representatives, or any department, commission, board, office, or other agency in the legislative branch of state government are exempt from having to perform state jury service.

An employee called to appear in an official capacity in any judicial action or legislative investigation is not entitled to any witness fees for such a governmental appearance. However, if the appearance is not in an official capacity but is for the purpose of testifying from personal knowledge, an employee may accept any customary witness fees. In the case of an employee whose appearance as an expert witness is not in an official capacity, the employee may receive compensation only when such an appearance is made on his or her own leave time. The limitations relating to witness fees do not extend to any mileage or per diem allowance paid to the state employee or official for expenses incurred while serving as a witness as long as there is no double reimbursement to the employee for expenses.

The Appropriations Act provides that “deductions may not be made for absences caused by jury duty, (or) attendance as a witness at a judicial action.” Thus, FLSA exempt employees can exercise their right to participate in the legal system as witnesses or jurors without suffering a reduction in pay. In addition, FLSA exempt employees can receive both an expert witness fee (in an official capacity) and compensation from work.

Institutions of Higher Education must now report to the Coordinating Board the numbers of members of the faculty or professional staff of an institution of higher education who act as consulting or testifying expert witnesses in suits in which the state is a party during the preceding state fiscal year.

4.19 Children in the Workplace

Scope: Faculty and Staff

Lamar State College Orange values family life and has worked to develop employment policies and benefits that are supportive of families. While the College seeks to focus on providing an environment open to work and family issues, it also believes that the work place should not be used in lieu of a child care provider. Further, the College believes that it is inappropriate for minor children of employees to be on campus for several reasons:

  • the potential liability to the College,
  • risk of harm to the children, and
  • decreased employee productivity due to distractions and disruptions.

It is the policy of Lamar State College Orange that minor children of employees not be present on campus in lieu of other child care arrangements. This policy is not intended, however, to prohibit children from the campus when the purpose of their visit is to attend classes or to participate in activities specifically scheduled for their benefit. Neither is the policy intended to prohibit the occasional visit of a child to the campus, provided that the child is supervised, that his/her presence does not interfere with the work of the parent or any other employee, and that the child’s presence does not pose a hazard to the child or others.

4.20 Right to Express Breast Milk

Scope: Faculty and Staff

Lamar State College Orange is committed to providing and promoting a work environment that is supportive of nursing mothers and encourages breastfeeding of their children following their child’s birth. Management and employees are encouraged to have a positive, accepting attitude toward employees opting to breastfeed their children.

  • Nursing mothers of children less than one year may use reasonable break time as needed for milk expression. The frequency and duration of breaks for this purpose may vary as determined by the needs of the mother. This is considered paid time; however, nursing mothers should first utilize their normal break periods.
  • Any questions arising to the reasonableness of the frequency and duration of breaks will be determined by the department head. Appeals should be directed to the appropriate vice president or designee.
  • Supervisors and managers are responsible for ensuring that the duties of the nursing mother are covered during her expression breaks.
  • Supervisors are responsible for alerting pregnant and breastfeeding employees about this policy for breastfeeding support.
  • An employee may express milk in her own private office, Student Center Room 205, or in another private location agreed upon in consultation with the employee’s supervisor.

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