(Texas Education Code §22.003)
A state minimum personal leave program consisting of five days per year of personal leave, with no limit on accumulation and no restrictions on transfer among districts, shall be provided for District employees. The District may provide additional personal leave beyond this minimum.
The Board may adopt a policy governing an employee’s use of personal leave granted under this subsection, except that the policy may not restrict the purposes for which the leave may be used or the order in which state and local leave may be taken.
Districts typically distinguish between non-discretionary leave and discretionary leave. Non-discretionary leave is leave used for the employee’s own illness, leave used for illness in the employee’s family, leave used for emergencies, leave used for a death in the employee’s family, or leave used when situations, occurrences, or incidents prevent the employee from reporting to work.
Non-discretionary leave reasons allow very little if any advance planning, and the leave should be granted in every case.
Discretionary leave is leave that may be taken at the individual employee’s option, for which it is possible to give advance notice to the principal or unit head. Discretionary leave typically shall not be allowed in the following circumstances: the first day of instruction; the last day of instruction; the day before a school holidays; the day after a school holiday; days scheduled for end-of-semester or end-of-year exams; days scheduled for STAAR tests; or professional or staff development days.
Typically, a request for discretionary personal leave must be submitted to the principal or immediate supervisor, in writing, at least one day (24 hours) in advance for each day of planned absence. Use of discretionary personal leave shall be considered granted unless the principal or immediate supervisor notifies the employee to the contrary. Discretionary personal leave may not be taken for more than five consecutive days per semester or ten days maximum per payroll year, except in extenuating circumstances as determined by the Superintendent.
FAMILY AND MEDICAL LEAVE: All eligible district employees shall be entitled to leave in accordance with the Family and Medical Leave Act (FMLA).