(a) An eligible employee may apply for permission to withdraw time from the family leave pool by completing a form designated by the department and submitting to the pool administrator the completed form and:
  (1) a written statement from the health care provider who is treating the employee or the employee's immediate family member if the permission being sought is due to a serious illness, including a pandemic-related illness; or
  (2) applicable documentation, including an essential caregiver designation, proof of a school or daycare closure, or other appropriate documentation if the permission being sought is due to extenuating circumstances created by an ongoing pandemic.
(b) Subject to subsection (c) of this section, an employee may not withdraw time from the family leave pool in an amount that is more than 720 hours or one-third of the pool balance at the time of the approval of the request, whichever is less.
(c) When the pool balance is below 7,200 hours, an employee may not withdraw from the family leave pool more than the sum of 340 hours plus the hours of unpaid leave that, as a result of the cause for which the time is requested, was incurred by the employee before the request is approved.

Source Note: The provisions of this §4.75 adopted to be effective August 1, 2022, 47 TexReg 4558