Sick Leave (E-47)
Original Implementation: Unpublished
Last Revision: October 22, 2012
Regular, consistent attendance and punctuality is expected of all university faculty and staff, as well as the proper use of leave time when an absence is necessary.
Accrual of Sick Leave
Employees of the university, whose positions do not require as a condition of employment that they be enrolled and regularly attending classes, shall, without deduction in salary, be entitled to sick leave subject to the following conditions. Employees of the SFA Charter School will earn sick leave according to Charter School policy.
Sick leave entitlement shall be earned, beginning on the first day of employment, at the rate of eight (8) hours for each month or fraction of a month of employment, and shall accumulate with the unused amount of such leave carried forward each month. An employee who is on leave the first day of the month may not use the sick leave that the employee accrues for that month until after a return to duty. Such leave accrual shall terminate on the last day of duty. An employee's accrued sick leave balance will be transferred when an employee moves from employment in one state agency to another, provided the employment is uninterrupted. Part-time employees working at least 20 hours per week accrue sick leave proportionately to their FTE.
Employees employed by multiple agencies cannot accrue sick leave at a rate that exceeds that of a full-time, 40-hour-per-week employee.
Separation from Employment
Employees of the university who separated from employment under a formal reduction in force are entitled to have their sick leave balances restored if they are re-employed by the state within 12 months. Employees separated from the university, for reasons other than a formal reduction in force, and re-employed by SFA may have their sick leave balances restored only if:
- The employee is re-employed by the university within 12 months after the end of the month in which the employee separates from employment, but only if there has been a break in employment from the university of at least 30 calendar days; or
- The employee is re-employed by a different state agency or institution of higher education within 12 months after the end of the month in which the employee separated from the university.
The university has no authority to pay out an employee's accrued but unused sick leave balance upon termination. An employee who is restored to employment at the university following military service is entitled to have his or her sick leave balance restored. Employee Retirement System (ERS) retirees who return to state employment will not have their sick leave balances restored.
Funds appropriated for salaries and wages may be paid for all of the employee's accumulated vacation leave and for one-half of his/her accumulated sick leave, or for 336 hours of sick leave (whichever is less), to the estate of an employee when said employee dies while employed by the university. The employee must have had continuous employment with the university for at least 6 months at the time of death. The payment shall be calculated at the rate of compensation being paid the employee at the time of death.
Sick Leave Utilization
Sick leave with pay may be taken when sickness, injury, or pregnancy and confinement prevent the employee's performance of duty, or when a member of the employee's immediate family is actually ill. For purposes relating to regular sick leave, immediate family is defined as those individuals related by kinship, adoption or marriage 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. An employee who is the legal guardian of a child by court appointment may use sick leave to care for the child. Sick leave may be used for the adoption of a child under the age of three. An employee who must be absent from duty because of illness shall notify their supervisor or cause the supervisor to be notified of that fact at the earliest practical time.
To be eligible for accumulated sick leave with pay during a continuous period of more than three (3) working days, an employee absent due to illness shall send to the administrative department head 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. If an illness results in the absence of three (3) working days or less, the administrative head has the discretion to require documentation of the illness. Upon returning to duty after sick leave, an employee shall immediately complete a "Request for Vacation, Compensatory Time, Sick Leave Taken" form.
An employee may use sick leave while he or she is on annual leave.
Participation by any employee in an organized work stoppage has been declared to be against the public policy of the state of Texas. In any case when there is substantial evidence to indicate that an organized work stoppage exists in any division or department of the university, an employee reporting ill shall send to the administrative head of his/her department or division a doctor's certificate showing the cause or nature of the illness to be entitled to sick leave.
Extension of Sick Leave: Pursuant to sections 661.202(i) and (j) of the Texas Government Code, an extension of sick leave may be granted through the university policies of Sick Leave Pool (E-47.1), Family and Medical Leave (E-58), or Leave of Absence (E-30N or E-29A). An employee may use up to eight (8) hours of sick leave each calendar year to attend parent-teacher conference sessions for the employee's children who are in pre-kindergarten through 12th grade.
Cross Reference: Tex. Gov’t Code §§ 661.001-.038, .201-206; Tex. Gov’t Code Ch. 617; Non-Academic Employee Handbook; Organized Work Stoppage (E-34); Sick Leave Pool (E-47.1); Family and Medical Leave (E-58); Leave of Absence (Non-Academic) (E-30N); Leave of Absence (Faculty) (E-29A).
Responsible for Implementation: Vice President for Finance and Administration
Contact for Revision: Director of Human Resources
Forms: Request for Vacation, Compensatory Time, Sick Leave Taken (available from Human Resources)
Board Committee Assignment: Academic and Student Affairs