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Policy Review and Research

Disiciplining Employees who Friend Parolees on Facebook

TDCJ, primarily the CID Division, is now disciplining employees who accept parolees as a friend on their Facebook page. The administration takes the position that even if the TDCJ employee had no knowledge of the offender's past record, by accepting the offender on your Facebook page, the employee will be disciplined for establishing a relationship with an offender. Be smart and proactive; do not accept anyone on your Facebook page without knowing their full background.

Texting Supervisors Ill-advised

When texting (off-duty) your supervisor, be certain it is no job-related, slanderous, threatening and/or out-of-bounds, for you could be disciplined for insubordination. The best practice is to not text your supervisor ever, and do not post derogatory statements about your supervisor or any other agency employee on your Facebook page.

Q&A: Tobacco Cessation

The information below is taken directly from http://www.ers.state.tx.us/Wellness/Tobacco_FAQs/

A new state law offers tobacco users in the Texas Employees Group Benefits Program (GBP) coverage for prescription drugs to help them quit tobacco starting September 1, 2011. It also authorizes charging higher premiums for people who continue to use tobacco starting January 1, 2012.

How can I get help if I want to quit using tobacco?

Your doctor can help. Check to see if your employer offers a worksite wellness program. Your health plan offers tobacco cessation resources, including counseling. Contact your health plan for more information.

1. Why did the Legislature make this change?

State officials are concerned about Texans' health, and the cost poor health has on health insurance and the state budget. They passed the measure as an incentive to help people quit using tobacco and live longer, healthier lives.

2. Who is considered a tobacco user?

In order to certify that you do not use tobacco, you must not have used a tobacco product more than five times in the previous three months. 

3. What is considered a tobacco product? 

A tobacco product is defined as cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, dip, or any other product that contains tobacco. It does not include an electronic cigarette or e-cigarette that does not contain tobacco and is designed expressly for smoking cessation. 

4. What about nicotine replacement therapy? 

Nicotine replacement products like gum and patches are not considered tobacco products. 

5. How do I certify that I'm a tobacco user, or that someone I cover is a tobacco user?

During the initial certification period, which will be from November 7 to December 9, 2011, you will have to declare that you or your covered dependents use tobacco products. You will do this by signing in to your account and completing the certification. You can also call ERS toll-free at (866) 399-6908. If you or anyone you cover uses tobacco, you will have to pay the higher premium. 

6. How much will tobacco users pay?

The additional monthly premium will be based on three tiers: Member, Spouse, and Child. The maximum additional premium is $90 a month.

7. What if I quit using tobacco, or if someone I cover quits? 

You can change your designation or the designation of anyone you cover in a health plan if you certify that the member has stopped using tobacco for three consecutive months. You must meet certain requirements, including completing an affidavit attesting to the member's new tobacco-free status. The affidavit will be available on the ERS website at www.ers.state.tx.us, or you can call (866) 399-6908. Once you have met certain requirements, the additional premiums will end on the first day of the next month. 

8. Does our health insurance plan cover prescription drugs to help me stop smoking? 

Yes. Effective September 1, 2011, certain prescription tobacco cessation drugs—Zyban, its generic Bupropion, and Chantix—are covered. Contact your doctor to see if they are right for you.

9. I don't use tobacco products and my dependents don't use them. What do I need to do? 

Nothing. Only those who use tobacco or cover someone who uses it need to take action. 

10. What happens if I use tobacco but I don't certify that I do? 

You will need to change your certification status or risk a penalty, fraud investigation, or termination from health insurance. Any member caught falsifying information will be charged the premium amount owed for the entire time the member was employed by the State during the period the increased premiums for tobacco use were in effect. For example, someone caught using tobacco in March 2012 will owe $30 each for January, February, March, and all months thereafter until that person is no longer a tobacco user. 

11. I just discovered that one of my dependents uses tobacco. What do I do? 

You will need to certify that he or she is a tobacco user immediately. The additional premium will start at the first of the month following the certification. 

12. What if my doctor says I can't quit? 

A tobacco user diagnosed as having an uncontrolled health factor, such as nicotine addiction, should submit a physician affidavit. New employees will have 31 days to submit a physician affidavit. You can submit physician affidavits anytime throughout the year—the higher premiums will be waived at the start of the next month. 

13. Where do I certify that I use tobacco, or that one or more of my dependents use tobacco?

You can certify tobacco use online, or contact ERS by telephone at (866) 399-6908. There will be a link to a special Tobacco Designation page at www.ers.state.tx.us. You will have to sign in to your account to make the designation. 

14. Is this kind of additional premium illegal?

No, many employers have enacted similar, or even more strict rules. These rules have survived numerous legal challenges.

Texas Department of Criminal Justice
Summary of Changes to Employee Benefits as of September 1, 2011

Medical Benefits

Changes in employee benefits effective September 1, 2011, include:

• HealthSelect premiums increased by approximately 8%, Community First Health Plans by 6.7%, and Scott & White Health Plans by 4.7%.
• Humana's State of Texas Dental Choice Plan rate increased by 5%.
• Premium rates for all other benefit options remained the same for Fiscal Year 2012.
• Beginning September 1, 2011, each plan will pay 100% of coinsurance for preventive care; however, co-pays may still apply.
• Beginning September 1, 2011, eligible children can continue coverage in the Group Benefits Program (GBP) until age 26, regardless of marital status, though members cannot add their married child's spouse or children to GBP coverage.
• Beginning September 1, 2011, plans will cover certain smoking cessation drugs and treatment programs.
• For full-time TDCJ employees, the state will continue to pay 100% of their health premium and 50% of the cost for dependents.

Compensatory Time

House Bill 988 extends the time period that compensatory time earned on or after September 1, 2011, can be used before it expires, from one year to two years for an employee in a correctional career position. Correctional career positions include correctional officer through warden, including food service and laundry managers. Eligible employees must use accrued compensatory time within two years following the date the time was accrued or it expires. The compensatory time expiration date for an employee in a non-correctional career position remains the same and expires one year following the date the leave was accrued.

Military Benefits

Effective September 1, 2011, Senate Bill 1737 provides two entitlements for qualified state employees that serve in the armed forces. The first provision entitles a state employee, who serves in the armed forces, to carry forward any unused portion of the 15 workdays of administrative leave into the next federal fiscal year up to maximum of 45 workdays. This provision applies to training and active call-to-duty orders.

The second provision entitles a state employee that is a member of the National Guard, who is called to federal active duty for the purpose of providing assistance to civil authorities in a declared emergency or for training for that purpose, to receive paid emergency leave for no more than 22 workdays per calendar year without loss of military leave or annual leave. Any unused balance of the 22 workdays will not be carried forward into the next calendar year.

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

Dismissal Mediation Statistics for TDCJ

Source: Texas Department of Criminal Justice

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