Guide Released to New Sick Leave Donation Law
September 17, 2015
State Auditor’s Office guide answers common questions
Posted 9/17/2015
The State Auditor’s Office (SAO) has released a guide to the implementation of HB 1771, a bill passed by the 84th Legislature that allows state employees to voluntarily transfer their accrued sick leave to another state employee within the same agency.
HB 1771 added Section 661.207, Donation of Sick Leave, to the Texas Government Code. The law authorizes an employee to donate “any amount” of his or her accrued leave to an agency colleague who has exhausted his or her own sick leave, including the exhaustion of any time the receiving employee may be eligible to withdraw from a sick leave pool.
Among many scenarios, this helpful SAO guide covers:
- The prohibition against giving or receiving gifts or payment in exchange for donated sick leave.
- The ability to use donated sick leave only as provided by Texas Government Code Sections 202(d) and (e).
- Questions regarding Employees Retirement System service credit, payment for sick leave donations upon an employee’s death, Family and Medical Leave Act (FMLA) hours and more.
TPEA encourages all state employees to review and be aware of the new provisions surrounding sick leave donation. The SAO’s guide is provided for informational purposes only; please consult with your agency’s human resources staff if you have specific questions.