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Policy Review and Research

Texas Department of Criminal Justice
Employee Leave With Pay and Sick Leave Pool

It's like an insurance policy or a bank account.
You must make a deposit before you can make a withdrawal.

March 12, 2008 An administrator with the Texas Department of Criminal Justice Human Relations Department asked if we could voluntarily assist in refreshing TDCJ employees' understanding of TDCJ Employee Leave with Pay, P.D. 49, and TDCJ Employee Sick Leave Pool, P.D. 50. The best way of doing this is in a newsletter format. TDCJ P.D. 49 is made up of 25 pages and TDCJ P.D. 50 is made up of 8 pages. Because of the volume of information generated in these two policies, totaling some 33 pages, we will tag the highlights of both, which should provide direction of how, where and under what circumstances an employee can participate in the Agency's Leave With Pay and the Sick Leave Pool policies. P.D. 49 - Leaves With Pay Contributions to and Withdrawals from Sick Leave Pool

  1. Contributions: An active full-time employee may contribute accrued sick leave to the Sick Leave Pool in eight-hour increments; an active part-time employee may contribute to the Sick Leave Pool on a proportionate basis in accordance with P.D. 50, Sick Leave Pool.
  2. Withdrawals: An employee may be allowed to make withdrawals from the Agency's Sick Leave Pool in accordance with P.D. 50, Sick Leave Pool.

Extended Sick Leave With Pay Extended Sick Leave With Pay may be granted for up to ninety (90) calendar days. After a review of the merits of each case, the Director for the Human Resource Division or a designee, may authorize exceptions to the maximum amount of extended sick leave an employee may take. Approved extended sick leave with pay shall count toward the employee's FML 12 work week job protected leave entitlement.

  1. Eligibility: To be eligible for extended sick leave, an employee must:
    1. Have a minimum of five years of state service at the onset or initial diagnosis of the current injury or illness.
    2. Have a minimum balance of 56 hours of sick leave accrued at the onset or initial diagnosis of the current injury or illness.
    3. Have utilized all accrued sick leave, vacation time, overtime, holiday time and compensatory time.
    4. Have applied for withdrawal from the Sick Leave Pool and, if the application was approved, utilized available pool hours.
    5. Not have received 90 calendar days of extended sick leave from the Agency in the past five years.
    6. Be recommended for extended sick leave by the appropriate warden/department head.

P.D. 50 - Sick Leave Pool

Definitions

  1. Catastrophic Injury or Illness - A severe condition or combination of conditions affecting the mental or physical health of an employee or the employee's immediate family that requires the services of a licensed practitioner for a prolonged period of time.
  2. Pool Leave - Sick leave that is covered by withdrawals from the Sick Leave Pool.
  3. Sick Leave Pool - Accrued sick leave voluntarily contributed by Agency employees to benefit Agency employees who suffer a catastrophic injury or illness or who are required to take leave due to an immediate family member's catastrophic injury or illness.
  4. State Service - Total month's of service with the State; such service is not required to be continuous months of service.

Procedures

  1. Contributing to the Sick Leave Pool
    1. All contributions to the Sick Leave Pool are voluntary.
    2. Employees who contribute to the Sick Leave Pool may not designate the contributed hours for use by another specific employee.
    3. Any hours donated to the pool will not be reinstated.

Employee Responsibilities

  1. Active employees
    1. An active employee may contribute accrued sick leave to the Sick Leave Pool. The minimum contribution that a full-time active employee may make to the Sick Leave Pool is eight (8) hours and contributions must be in eight-hour increments.
    2. Minimum contributions that a part-time active employee may make to the Sick Leave Pool is four (4) hours; e.g. an employee who works 20 hours per week may contribute accrued sick leave in increments of four (4) hours.

Eligibility Criteria

  1. employee must:
    1. Be on the Agency's active payroll.
    2. Have completed a minimum of 12 months of state service at the time the request is made.
    3. Have donated a minimum of eight (8) hours to the Sick Leave Pool during the current fiscal year (September 1-August 31).
    4. Have had a minimum of 56 hours of sick leave accrued at the onset or initial diagnosis of the current catastrophic injury or illness.
    5. Have exhausted all accrued paid leave entitlements (Compensatory, Holiday, Overtime, Sick Leave and Vacation) and be subject to loss of compensation from the State. (However, an eligible employee shall utilize withdrawal from the Sick Leave Pool prior to the utilizing extended sick leave in accordance with P.D. 49, Leaves With Pay.

There are two (2) TDCJ forms associated with these policies:

  1. The sick Leave Pool Contribution Form, P.D. 50-attachment A.
  2. Sick Leave Pool Application for Withdrawal, P.D. 50-attachment B.

As stated at the outset, this review is not intended to be a comprehensive report regarding two policies covering 33 pages of in depth information, only the highlights. We recognize there will be special issue questions as they relate to specific personnel and/or family member-related illness. To address these, please call the TDCJ designated contact, Mr. Melvin Slough, at 936-437-4186, 8-5, M-F. He will be glad to assist you or access TDCJ's website at www.tdcj.state.tx.us.

Overtime Banking - In the 79th Legislature we filed a bill with Rep. Deshotel to stop the banking of overtime. It was defeated. We then went into negotiations with TDC to try to change the policy on Jan. 9th 2007 and we finally did get TDC to agree to stop banking the overtime. A great victory in its self. But that was to keep TDC from re-establishing this horrible policy after the legislative session was over. I thought this bad policy might be re-implemented after the legislative session. The agency probably feared we would file another bill so they came to terms before a bill could be filed. Through our testimony (AFSCME/CEC), it was discovered by lawmakers that the banked overtime was an unfunded deficit. They were outraged and we had an amendment filed on our behalf that is now a state statue. Banking of Overtime is now gone forever. We fought long and hard to get this change and we are proud of it. We fight for you.

Comp Time - According to current policy, if an employee submits the proper paper work in the prescribed time the agency should allow that time off. If they do not allow the requested comp. time off they must allow an alternative day off or they must allow the employee to carry the comp time until it can be taken. In essence no one sould lose comp time if they follow proper procedure. *Special Note: This was passed as a State Law in 1999, HB 2943 as a Rider. AFSCME wrote and pushed this bill. We will now return to the legislature to try and get officers paid for comp time they do not use after a year. Remember, this is a law, not just a policy.

Polygraph Test - In 1997 we sponsored a bill to eliminate the polygraph as a condition of employment with TDCJ. IT PASSED. Now if OIG does an investigation, and cannot come to a definitive solution, they cannot force an employee to take the polygraph like they used to. An employee can wave the right, but we do not advise this move. * This is not a policy, but State Law.

Designated Smoking Areas - In 1997 the TDCJ Criminal Justice Board of Directors implemented a new Tobacco Free environment of TDCJ property. We took issue with this, not for the inmates, but for the Corrections Staff. The TDCJ Board said no Tobacco products on TDCJ property, period. They would not budge or cooperate, so we filed a bill with Rep. Allen Hightower and got it passed for designated smoking areas for employees. This may seem like a small victory, but in actuality it was quite HUGE. Number one, because we showed the state we meant business and the TDCJ board found out the hard way. They learned sometimes its easier to negotiate than to have TDCJ policy dictated by the legislature, and shoved down their collective throats. We have had to do this in the past and may have to in the future until this agency realizes their employees are their Greatest resource, and they need to start taking care of them. * This policy is also State Law. Go Figure.

TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Employee Disciplinary Statistics for Fiscal Year 2007

ACTIONS TOTAL ACTION ON EMPLOYEES
Incoming disciplinaries Received 7786
No Disciplinary Action Imposed 729
Reprimand Only 865
Disciplinary Probation 4902
Suspension without pay 911
Reduction in pay 7
Demontion 51
Dismissal Recommendations 538

Dismissal Mediation Statistics for TDCJ

Independent Dismissal
Mediation Sessions		 368
Resigned During Mediation 103
Overturned / Modified 221
Impasse / Forfeit 40
Resigned Pending Dismissal 2
Approved Dismissals 207
Corrections Received 2503
Violation Code under PD-22 Number of employee disciplinary cases
2 Unexcused Absenteeism 1 hour or more 1719
7 Substandard Duty Performance 1574
20 Violation of Statutory Authority 780
13 Failure to Obey a Proper Order 494
1 Tardiness (less than one [1] hour) 249
4 Leaving a Security/Duty Post 240
3 Sleeping on Duty 228
39B Conviction of any Other Misdemeanor 227
10 Falsification of Records 205
15a Verbal or Physical Confrontation 181
Other rule Violations 1868

Source: Texas Department of Criminal Justice