(a) A family leave pool is established to provide eligible employees more flexibility in bonding with and caring for children during a child's first year following birth, adoption, or foster placement, and caring for a seriously ill family member or the employee's own serious illness, including pandemic-related illnesses or complications caused by a pandemic.
(b) All contributions by employees to the family leave pool are voluntary. There is no limitation on the amount or frequency of contributions. Employees who contribute accrued sick or vacation leave hours to the pool may not designate the contributed hours for use by a specific employee. An employee who contributes leave hours to the pool may not withdraw the contributed hours.
(c) An employee may only apply to withdraw time from the family leave pool if the employee has exhausted all eligible personal leave due to:
  (1) the birth of a child;
  (2) the placement of a foster child or adoption of a child under 18 years of age;
  (3) the placement of any person 18 years of age or older requiring guardianship;
  (4) a serious illness to an immediate family member of the employee, including pandemic-related illness;
  (5) an extenuating circumstance created by an ongoing pandemic, including providing essential care to a family member; or
  (6) a previous donation of time to the pool.
(d) The Human Resources Manager for the State Office of Administrative Hearings is designated as the pool administrator.
(e) The pool administrator shall develop and maintain a policy, operating procedures, and forms, as necessary, for the administration of the family leave pool subject to approval by the Chief Administrative Law Judge.
(f) Operation of the family leave pool shall be consistent with Texas Government Code, Chapter 661.

Source Note: The provisions of this §160.12 adopted to be effective February 23, 2022, 47 TexReg 767