All full-time and part-time (appointed at least .5FTE/20 hours per week) benefits eligible employees are eligible for EIB.2 Instead of EIB, Trainees receive a separate sick leave bank. Please see Research Trainee Programs and Graduate Medical Education for details.
There is no waiting period for using EIB. It is available only after it has been accumulated and may never be used in advance. In most cases, other types of paid leave (prorated based on full-time equivalency) is required before EIB leave may be utilized. Read Special Rules and Exceptions for details about direct access to EIB.
Eligible employees receive EIB based on their length of state service and full-time equivalent status (FTE) according to the chart below.
- Current employees receive a lump sum of EIB on Sept. 1 of each year.
- New employees - In the fiscal year of their hire, new employees receive 8 hours (prorated by FTE) on:
- Their hire date and
- On the first of the next 1-2 months in the same fiscal year based on their state service at hire.
New employees receive EIB in a lump sum on Sept. 1 thereafter.3
EIB hours carry forward each month and there is no limit on the maximum number of EIB hours that may be carried over into the next fiscal year. Full-time employees are granted EIB hours as shown below:
|Years of state service as
of Sept. 1 of each fiscal year
|EIB hours granted to full-time
employees each fiscal year*
|0 up to 2||32 hours|
|2 or more||24 hours|
*Part-time, benefits-eligible, non-educational employees accrue pro-rated EIB based on their FTE. If an employee's FTE changes during the fiscal year, the amount of EIB given is not retroactively adjusted.
In most cases, employees transferring between state agencies (going from MD Anderson to another state agency or a state agency to MD Anderson) may transfer their previous and unused EIB hours to sick leave or sick leave to EIB hours as appropriate provided that:
- the employment with the state agency is uninterrupted (direct transfer)4, or
- your re-employment with the state agency is more than 30 days after your termination and less than 12 months after your termination.
A few state agencies have different rules about transferring leave accruals than the rules listed above. When considering employment at another state agency, be sure to confirm their rules for transferring leave.
Illness or injury lasting less than 4 days
Days 1-2 Day 3
Illness or injury lasting 4 or more days and is not approved by the HR Leave Center
Days 1-2 Days 3+
Illness or injury lasting 4 or more days and is approved by or is pending approval by the HR Leave Center
Days 1-7 Days 8+
|Paid Sequence of Leave
Use in the sequence below due to their expiration and carry-forward dates. Definitions for each follow.
Recognition Leave (RCL)-Expires at the end of the fiscal year it was awarded
Legacy Holiday Bank Taken (LHT)-Holiday bank earned from previous timekeeping system. Expires 1/3/22.
Holiday Bank Taken (HTK)-Holiday bank earned in current timekeeping system. Expires 12 months from holiday.
Paid Time Off (PTO)-Subject to carry forward limits on 9/1 of each year.
Compensatory Time Off (CTT)-Paid leave for extra time worked in lieu of overtime pay.
Preserved Holiday Bank (PHT)-Holiday bank prior to 9/1/04. No expiration date.
Important-Employees MUST exhaust all paid leave prior to using leave without pay (LWOP).
STEP 1: For leave that is not managed by the HR Leave Center, the employee requests time off through the timekeeping system and following their Departmental Time Off Procedures. Employees should make requests with reasonable advance notice when possible.
STEP 2: The employee (or manager if the employee is unable) should contact the HR Leave Center (5-3652) to request FML for job protection if the absence is for an illness or injury lasting 4 or more days,
STEP 3: Employee keeps the manager informed of their status and the expected date of return, if known.
STEP 4: Prior to returning to work, a release to return to work will be required for leave due to your own illness or pregnancy. A release may be required for other leave absences lasting four or more days.5
Read COVID-19 Timekeeping Instructions for additional information for using EIB with absences related to COVID-19.
EIB leave is available only after it is accrued and may never be used in advance. You must use 16 hours (pro-rated based on FTE) of PTO or other paid leave before accessing EIB. However, you may be able to directly access EIB in the following situations:
- Leave that is pending or approved by the HR Leave Center. If a pending leave case is later denied, other applicable accruals or leave without pay must be used for the first 16 hours of leave.
- Continuous or intermittent leave that is approved by the HR Leave Center.
- A maximum of 16 hours (pro-rated based on FTE) per fiscal year using Direct Access for Dependent (DDD) for the care of an immediate family member. A total of 16 hours can be used per fiscal year, not per family member.
- Using the code timekeeping code DAE:
- If you or your immediate family member were admitted for an overnight hospital stay.
- When a state or national disaster has been declared.
- A maximum of 8 hours (pro-rated based on FTE) per fiscal year using Dependent Parent Teacher Conference (DDP) to attend school sponsored educational activities for your child.
- A maximum of 16 hours of Wellness Leave (pro-rated based on FTE) to engage in preventative care or wellness activities to care for yourself.
Contact the HR Leave Center at 713-745-3652 (5-FMLA) to request Direct Access to EIB for a chronic condition. Most chronic conditions will qualify you for intermittent Family and Medical Leave (FML). The HR Leave Center will determine if intermittent FML is applicable.
If you are on paid leave on the first day of the month, you may not use EIB leave accrued for that month until after first returning to work.
Eligibility for Direct Access to EIB vs. EIB Hours Available
As stated above, MD Anderson provides several ways for you to access your EIB accruals outside of your extended illness. However, to use these leaves (such as Wellness Leave or Parent Teacher Conferences), you must have EIB accruals available. For example: The timekeeping system may show you have an available balance of 16 hours of Wellness Leave if you have not used it in the fiscal year. However, since Wellness Leave is not a separate bank and uses your EIB accruals, you must have some EIB accruals in order to use the Wellness Leave.
- If you change status from regular full-time or part-time to either hourly and/or temporary, you are not eligible for accrual or use of EIB leave until you change back to a benefits-eligible status. Accrued but unused balances are “frozen” until you become benefits-eligible again or terminate employment.
- If you are hired on a temporary appointment, you may be credited with time earned if your status is changed to a benefits-eligible status (i.e., regular full-time or part-time at least 50 percent).
- If you change status from hourly/per diem to regular full-time or part-time status, you will begin accruing EIB effective with your change in status payroll date.
- If you change your status from an EDU to a faculty, administrative or classified benefits eligible position, your remaining sick balance is forfeited on the date of the transfer and you will begin accruing EIB.
Accumulated EIB is not reimbursed at termination of employment.7
Restoration of EIB Balance
- If your employment with MD Anderson is terminated under a formal reduction in force, your EIB balance will be restored if you are reemployed by a state agency within 12 months after the end of the month in which your employment at MD Anderson ends.8
- If you leave for a reason other than a reduction in force, your EIB balance is restored if:
- you are reemployed at MD Anderson within 12 months after the end of the month in which you leave the institution, but only if there has been a break in employment with the state of at least 30 calendar days; or
- you are reemployed by a different state agency or institution of higher education within 12 months after the end of the month in which the employee separates from state employment.9
In case of incapacity from work, the employee or manager should notify Employee Health on the first day. If a health care provider takes the employee off work on the day of injury, the employee receives full pay for that day.
Purchase of TRS Service Credit: EIB and PTO hours may be used to satisfy Teacher Retirement System (TRS) requirements for the purchase of a year of service credit for retirement purposes. You will need to directly contact TRS at 1-800-223-8778 or visit the TRS site.
Upon the death of an active employee, MD Anderson pays the estate of the deceased for one-half their accumulated EIB leave or 336 hours (whichever is less), provided that the employee had continuous employment with the state for at least 6 months at the time of death. If the employee had been on paid leave for 1 month or more and deceased before returning to work, the EIB leave normally accrued during that time would not be used in the calculation of this pay-out. Payment is calculated at the employee’s rate of compensation at the time of death.10
7Texas Office of the Attorney General, Opinion GA-0201 (2004)
8Texas State Government Code Section 661.205(a)
9Texas State Government Code Section 661.205(b)(2)
10Texas State Government Code Section 661.033(2)