EMERGENCY RULES An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 43. TRANSPORTATION Part I. Texas Department of Transportation Chapter 4. Employment Practices Subchapter E. Sick Leave Pool Program 43 TAC sec.4.54, sec.4.56 The Texas Department of Transportation adopts on an emergency basis amendments to sec.4.54 and sec.4.56, concerning contributions and withdrawal to the department's sick leave pool program. Government Code, Chapter 661 authorizes the department to establish a sick leave pool program and to adopt rules and prescribe procedures to provide additional sick leave for an employee when the employee or the employee's immediate family member has a catastrophic illness or injury which causes the employee to exhaust all leave time earned and lose compensation from the state. The General Appropriations Act, Fiscal Years 1996-1997, Article IX, sec.8(2) defines family members and provides conditions when sick leave may be taken by an employee for illness of the employee or a family member. The commission on May 25, 1995, proposed the adoption of new sec.sec.4.50-4.56, concerning the department's employee sick leave pool program. The commission on September 28, 1995, adopted those sections with changes to sec.4.54 and sec.4. 56. The final adoption computer diskette as filed with the Texas Register did not reflect the changes to sec.4.54 and sec.4.56. Title 1, Texas Administrative Code, sec.91.135(d), prohibits the Texas Register from making corrections to adopted rules after the effective date of the rules. The proposed amendments to sec.4.54 and sec.4.56 are technical amendments which when permanently adopted will accurately reflect the changes previously adopted by the commission. The permanent adoption of these amendments will allow the accurate version of sec.4.54 and sec.4.56 to be published in the Texas Register. The amendments to sec.4.54 provide that the health care provider certification is confidential, unless otherwise required by law, and may only be released to the human resources officer if he or she can demonstrate a legitimate business necessity for this information. The amendments to sec.4.56 clarify that hours from the sick leave pool may be granted in a block of time and used on an as needed basis and that the pool administrator may require the unused hours to be returned to the pool after such time has expired unless an immediate need for such leave still exists. The amendments also provide that the pool administrator may require the patient's condition to be recertified by a health care provider on a monthly basis when the necessary information to make a definite determination of the employee's need for pool hours is changed, uncertain, or not available. It is necessary to adopt these amendments to sec.4.54 and sec.4.56 on an emergency basis to prevent economic hardship to employees, to address employees' or their family members' current catastrophic medical needs, and to facilitate the contribution and distribution of sick leave pool hours so that employees are not adversely affected by the technical error. The amendments are adopted on an emergency basis under Transportation Code, sec.201.101, which provides the Texas Transportation Commission with the authority to establish rules for the conduct of the work of the Texas Department of Transportation and Government Code, Chapter 661, which authorizes the department to adopt rules administering a sick leave pool program. sec.4.54. Contributions. (a) Restrictions. (1) (No change.) (2) Contributions may not be specified for use by a certain individual or within a specific office or work unit
    . (b) Procedures. (1) The department will encourage all employees, including
      an employee who is planning to retire, terminate employment, or resign,
        to contribute sick leave hours [upon separation], if the employee has not already contributed the amount allowed. (2)-(4) (No change.) sec.4.56. Withdrawals. (a) Restrictions. (1) (No change.) (2) A written certification from a health care provider must be submitted with all requests for withdrawals. The certification should include the diagnosis and prognosis of the condition or combination of conditions and the date the employee or employee's immediate family member will be able to return to normal activities. If the certification is for the employee's immediate family member, it should also include the amount of time the employee will be needed to provide primary care. The health care provider certification shall be in a form prescribed by the pool administrator. This information is confidential, unless otherwise required by law, and may only be released to the human resources officer if he or she can demonstrate a legitimate business necessity for this information. (3) -(5) (No change.) (6) The maximum hours that may be granted
          [transferred] per request is 720 hours (90 calendar days) or one third of the balance of the pool, whichever is less at the time the request is received. The maximum number of hours that may be granted
            [transferred] per catastrophic condition is 720 hours (90 calendar days). (7)-(12) (No change.) (13) Hours from the sick leave pool may be granted in a block of time and used on an as needed basis. The pool administrator may require the unused hours to be returned to the pool after such time has expired unless an immediate need for such leave still exists.
              [The pool administrator may approve the use of a withdrawal on an intermittent basis provided that the employee justifies his or her need for such use and supports the amount of time the employee expects to use within a three month period, with documentation from his or her health care provider. The employee may request an extension of time used intermittently if the need still exists after the three month period is over.] (14) The pool administrator may require the patient's condition to be recertified by a health care provider on a monthly basis when the necessary information to make a definite determination of the employee's need for pool hours is changed, uncertain, or not available
                . If the employee is determined to be able to return to work sooner than a previous certification, the pool administrator may require the unused portion of a withdrawal to be returned to the pool. If the employee fails to cooperate with recertification requirements and reevaluation procedures, the pool administrator may deny the request or require [that] the unused portion of a withdrawal be returned to the sick leave pool. (15) -(16) (No change.) (b) (No change.) Issued in Austin, Texas, on December 6, 1995. TRD-9515904 Robert E. Shaddock General Counsel Texas Department of Transportation Effective date: December 6, 1995 Expiration date: April 4, 1996 For further information, please call: (512) 463-8630