Work-Related Leave

An employee may be placed on Paid Investigational Leave (PIL) when MD Anderson is conducting an investigation and the employee is the subject of the investigation; or a victim of, or witness to, an act or event that is the subject of an investigation.

MD Anderson may not use any other leave provision within Government Code Section 661, Subchapter Z as a basis for providing paid leave to an employee because he or she is the subject of an investigation being conducted by MD Anderson.  

Eligibility

Only regular full-time and part-time (at least .5FTE/20 hours per week) benefits eligible employees and educational appointees are eligible to receive paid leave during an investigation.

Process

STEP 1: Identifying the need:

• When a manager, supervisor or member the University of Texas Police Department believes an employee should be placed on PIL, they must discuss the matter with their assigned Human Resources Business Partner to determine the appropriateness of placing an employee on PIL.¹
  
  
• If the President, Deputy President, Senior Vice President of Regulatory Affairs or the Chief Legal, Compliance, Police or Audit Officer believes an employee should be placed on PIL, they should discuss the matter with the Chief Human Resources Officer or designee to confirm the appropriateness of placing an employee on PIL.

STEP 2: Upon review and determination that PIL should be authorized, HR Strategic Partner leadership will direct the HR Business Partner to submit the following information to HRLeaveAdmin@mdanderson.org for coding in Kronos for the appropriate pay period:

• the request (including the classification of the need for PIL)
• the total number of PIL hours used
• the dates PIL was used

STEP 3: Departments are responsible for entering the out-punch for non-exempt employees' last physical day of work.

The length of approved PIL is dependent on the nature and duration of the investigation.

Leave During an Investigation Report

No later than the last day of each quarter of the fiscal year, a state agency shall submit a report to the State Auditor’s Office and the Legislative Budget Board of the employee that is subject of an investigation or is the victim of or witness to an act or event that is being investigated conducted by the agency who has been granted 168 hours or more of leave during that quarter. The report must include, for each employee, including the classification of the need for PIL.¹

 Source:

¹Texas Government Code Section 661.923

Eligibility

Classified employees who are employed as regular full-time or part-time employees are eligible for Recognition Leave.

Not eligible: Faculty, educational trainees, hourly (non-benefits eligible), per diem and administrative staff employees.

Full-time employees are eligible for a maximum of 24 hours per fiscal year.^2,3 Part-time employees are eligible for a maximum number of hours proportional to their percent of employment (example: a 50 percent employee is eligible for up to 12 hours).  

Process For Using
STEP 1: Manager awards eligible employees with Recognition Leave in no less than 4-hour increments (or a proportional amount for part-time employees).

• Managers uses the Recognition Leave tool in the Kronos timekeeping system to award the time.
• When the leave is awarded, managers must discuss the exceptional work performance with the employee and document the hours awarded in the employee’s performance evaluation.

STEP 2: Employee requests time off through the timekeeping system and follows their Departmental Time Off Procedures.

•  Non-exempt staff: Recognition Leave can be used in any increment. If the time off taken exceeds the number of Recognition Leave hours available, the remaining hours must be supplemented with other forms of paid leave such as  Paid Time Off (PTO) or Earned Holiday Bank (EHB). If an employee has a shortfall on their timecard, Recognition Leave will be used before other leave accruals if it is available.
• Ex: Sally Employee is in a non-exempt position working an 8-hour shift. She has 6 hours of Recognition Leave remaining.  When requesting Recognition Leave, she will use the 6 hours of Recognition Leave and 2 hours of PTO or another type of paid leave. 
• Exempt staff: If the increment of leave is less than 4 hours then the Four Hour Rule applies.

STEP 3: Manager approves time off request as appropriate or communicates reasons for not approving a request (e.g., scheduling conflicts, not eligible, etc.) The manager and employee should ensure the time is taken on or before August 31st in the fiscal year for which it was awarded, or the leave is forfeited.

Rules and Exceptions - Recognition Leave:

• Does not roll over to the next fiscal year. This means, awarded hours must be used by August 31 of the same year they were awarded, or the hours will be forfeited. 
• Managers should implement internal guidelines to ensure consistent application of the award.
• It is not used during an extended leave, is not paid out at termination or transfer and cannot be used to extend employment after the last day worked.⁴

Sources:
¹Texas Government Code Section 661.911(a)
²Texas Government Code Section 661.911(b)
³The University of Texas System Board of Regents Rule 30201 Section 5

Disciplinary action may result in suspension without pay.¹

For more information, please contact your HR Business Partner and read the Corrective Action Policy (MD Anderson Institutional Policy #ADM0256).

Suspension Without Pay Rules & Exceptions

An employee suspended without pay continues to:

• Accrue PTO and EIB, if duration of suspension without pay is less than a full calendar month and 
• Receive group insurance coverage if premiums obligations are met.

Source:

¹Texas Government Code Section 661.909 (a)(c)

For details on the eligibility and processes involved with Workers’ Compensation insurance, please refer to the Worker’s Compensation Insurance Policy (MD Anderson Institutional Policy # ADM0276).

Benefits/Pay for First Seven Days

• In case of incapacity from work, the employee or manager should notify Employee Health on the earlier of the day of the injury or the first day of leave. If a health care provider removes the employee from work on the day of injury, the employee receives full pay for that day.
• Employees may take the first seven days as Leave Without Pay, or may use Paid Time Off for the first 16 hours followed by Extended Illness Bank to receive full pay during the first seven days if accrued leave is available.
• Educational appointees may take the first seven days as Leave Without Pay or use any applicable accrued benefits of educational sick leave and/or annual leave, to receive full pay during the first seven days if accrued leave is available.

Coordination with FMLA 

If the work injury meets the criteria for a serious health condition, the manager or Employee Health calls the Leave Center at 713-792-3538 (5-FMLA) to designate the time off as Family and Medical leave (FML) on the fourth day of absence. The Leave Center will send an FML Inquiry Letter. The employee’s FML 12-week leave entitlement will run concurrently with the Workers’ Compensation absence. See Family and Medical Leave for more information.

No Coordination with Reduced Paid Leave 

Compensable injuries are not eligible for Reduced Paid Leave benefits.