FMLA, TDL, & Sick Leave Pool Information

Family Medical Leave Act (FMLA)

Eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for the following reasons:

• The birth of a child or placement of a child for adoption or foster care;
• To bond with a child (leave must be taken within 1 year of the child’s birth or placement);
• To care for the employee’s spouse, child, or parent who has a qualifying serious health condition;
• For the employee’s own qualifying serious health condition that makes the employee unable to perform the employee’s job;
• For qualifying exigencies related to the foreign deployment of a military member who is the employee’s spouse, child, or parent.

An eligible employee who is a covered service-member’s spouse, child, parent, or next of kin may also take up to 26 weeks of FMLA leave in a single 12-month period to care for the servicemember with a serious injury or illness.

The District shall require the employee to use temporary disability leave and paid leave, including any compensatory time, concurrently with FMLA leave.  An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, employees may take leave intermittently or on a reduced schedule.

Employee rights to FMLA can be viewed here English | Spanish

Steps to Apply for FMLA:

1. Complete the FMLA Request Form: FMLA Request Form 
2. Complete the Certification of Health Care Provider. Choose the form that applies to the request:
   1. Certification of Health Care Provider for Employee 
   2. Certification of Health Care Provider for Family Member 

Steps to Apply for FMLA Military

1. Complete the FMLA Request Form: FMLA Request Form
2. Complete the Certification for Military.  Choose the form that applies to the request:
   1. Certification for Military Qualifying Exigency
   2. Certification for Military Caregiver Current Servicemember
   3. Certification for Military Caregiver of a Veteran

*Submit the FMLA Request Form and the Certification of Health Care Provider or Certification for Military form 30 days prior to the FMLA start date to Alicia Martinez at mmartinez@wallerisd.net

*When the employee is approved to return to work from their own serious health condition, email the WISD Fitness For Duty five (5) days prior to the return date to Alicia Martinez at mmartinez@wallerisd.net  

Temporary Disability Leave

Texas Education Code (TEC) §21.409 provides each full-time educator employed by a school district a leave of absence for temporary disability at any time the educator’s condition interferes with the performance of regular duties. Pregnancy and conditions related to pregnancy are treated the same as any other temporary disability. The purpose of TDL is to provide a measure of job protection to full-time educators who cannot work for a continuous, extended period of time because of mental or physical disability of a temporary nature.

Waller ISD Board Policy DEC (Local) specifies that any full-time employee whose position requires educator certification by the State Board for Educator Certification or by the District shall be eligible for temporary disability leave. The maximum length of temporary disability leave shall be 180 calendar days. [See DBB(LOCAL) for temporary disability leave placement and DEC(LEGAL) for return to active duty.]

An employee's notification of need for extended absence due to the employee's own medical condition shall be forwarded to the Leave Specialist.

The District shall require the employee to use temporary disability leave and paid leave, including any compensatory time, concurrently with FMLA leave.

In order to request TDL, please complete the following form and email it back to Alicia Martinez.

Temporary Disability Leave Request Form

Certification of Health Care Provider for Employee

*When the employee is approved to return to work, email the WISD Fitness For Duty five (5) days prior to the return date to Alicia Martinez at  mmartinez@wallerisd.net 

Sick Leave Pool

The purpose of the Waller ISD Sick Leave Pool is to provide additional sick leave days to district employees who have exhausted all paid leave and vacation days as well as any applicable compensatory time and who suffer from a catastrophic illness or injury or is absent due to the catastrophic illness or injury of a member of the employee's immediate family.  The sick leave pool program allows employees to voluntarily donate accrued state or local sick leave to another employee. An employee must submit a written request for sick leave pool days when the employee has exhausted all their available leave days, vacation, and compensatory time to the Human Resource Department, Leave Specialist. 

A catastrophic illness or injury is defined as: A severe condition or combination of conditions affecting the mental or physical health of the employee or a member of the employee’s immediate family that requires the services of a licensed practitioner for a prolonged period of time and that forces the employee to exhaust all leave time earned by that employee (sick leave, vacation leave, and compensatory time) and to lose compensation from the district. Such conditions typically require prolonged hospitalization or recovery or are expected to result in disability or death. Days from the Pool shall be granted only for critical illness, injury, surgery, or other temporary disabilities which necessitates an absence from work for five (5) consecutive days or longer. If an employee is out on maternity leave and does not have enough days to cover the approved leave, they are not eligible for the sick leave pool program. Medically related issues such as pregnancy and childbirth that occur without complications are not considered catastrophic illnesses. Should a complication occur that meets the criteria of catastrophic, the request will be considered on an individual basis. 

Additional information regarding the Sick Leave Pool can be found in the Waller ISD procedural handbook for the Sick Leave Pool.

Sick Leave Pool Procedures 

Sick Leave Pool Request Form 

View Sick Leave Pool Day Requestors

Assistance with Leave (FMLA, TDL, Workers Comp, and Sick Leave Pool) can be directed to Alicia Martinez.