(a) This rule relates to Texas Government Code Chapter 661, Subchapter A-1, establishing the state employee family leave program.
(b) The director of human resources is designated as the TABC Family Leave Pool (FLP) Administrator.
(c) Employees donating or applying for leave from the FLP must submit their request by e-mail to Benefits@tabc.texas.gov.
(d) A TABC employee may apply for leave from the FLP if the employee has exhausted all available leave and experiences:
  (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 the employee or an immediate family member, including a pandemic-related illness; or
  (5) an extenuating circumstance created by an ongoing pandemic, including providing essential care to a family member.
(e) The employee is solely responsible for the payment of any income tax resulting from their donation or withdrawal of leave from the FLP.
(f) An employee who chooses to donate leave hours to the FLP must donate at least eight hours, unless the employee is separating from the agency. An employee separating from the agency may donate any number of leave hours to the FLP.
(g) Once donated to the FLP, leave hours cannot be recouped by the donating employee.
(h) Employees may not have outside employment while using FLP leave.
(i) Retiring employees will not receive additional retirement credit with the Employee Retirement System for hours donated to the FLP.

Source Note: The provisions of this §31.11 adopted to be effective February 13, 2023, 48 TexReg 659