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DEC

Compensation and Benefits: Leaves and Absences

This policy governs the rules and procedures related to employee leaves of absence and other workplace absences.

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Local Changes (2)

2026-07-21Adopted · Meeting notes

This update to DEC (LOCAL) implements HB 2 / Texas Education Code Section 21.418 by adding an explicit classroom teacher election right to opt out of using paid personal leave concurrently with unpaid FMLA leave for absences due to pregnancy, birth of a child, or adoption of a child. The same exception is added to the Temporary Disability Leave section, and the prior blanket concurrent-use requirement for temporary disability leave is struck and replaced with the updated language reflecting the teacher election right.

Added

  • except that, in accordance with Texas Education Code Section 21.418, a classroom teacher may elect not to use the teacher's paid personal leave concurrently with unpaid leave under the Family and Medical Leave Act (29 U.S.C. Section 2601 et seq.) for an absence due to pregnancy, the birth of a child, or the adoption of a child. (added to Family And Medical Leave section)
  • The District shall require the employee to use temporary disability leave and paid leave, including any compensatory time, concurrently with FMLA leave, except that a classroom teacher may elect, as provided by Texas Education Code Section 21.418, not to use paid personal leave concurrently with unpaid FMLA leave for an absence due to pregnancy, the birth of a child, or the adoption of a child. (replacement language in Temporary Disability Leave section)
  • District (replacement for 'administrative' in Leave Administration section)

Removed

  • administrative (struck from Leave Administration opening sentence, replaced with 'District')
  • The District shall require the employee to use temporary disability leave and paid leave, including any compensatory time, concurrently with FMLA leave. (original blanket concurrent-use sentence in Temporary Disability Leave section, replaced by updated language with teacher election exception)
Legal Compliance Summary

AI-generated assessment. Verify citations independently before relying on this analysis.

  • Teacher Leave Opt-Out Right: Texas House Bill 2 (HB 2), passed in 2025, added a new rule under Texas Education Code § 21.418 giving classroom teachers the right to choose whether to use their paid personal leave at the same time as unpaid family leave for pregnancy, childbirth, or adoption. This policy update adds that choice directly into the district's leave rules.
  • Temporary Disability Leave Update: The policy previously required teachers to use paid personal leave at the same time as temporary disability leave in all cases. That blanket requirement has been removed and replaced with language reflecting the new teacher election right required by TEC § 21.418.
  • Overall Classification — Mixed: Most of the changes in this update were required by state law, but one small wording change was made at the district's own discretion rather than because a law required it.
  • Wording Change — Leave Administration: The district changed one word in the Leave Administration section, replacing 'administrative' with 'District.' No state law required or prompted this change; it was a local stylistic choice.
Legal Compliance DetailsMixed

AI-generated assessment. Verify citations independently before relying on this analysis.

Classroom teacher election right to opt out of concurrent paid personal leave use with FMLA unpaid leave for pregnancy, birth, or adoption (added to Family and Medical Leave section) Required by Law
Statutory basis: TEC § 21.418 (enacted by HB 2, 89th Leg., Regular Session, 2025)
Verified via: verbatim statute text
Local additions: None — policy language directly implements the statutory mandate without discretionary additions.
Application of teacher election exception and revision of blanket concurrent-use requirement in Temporary Disability Leave section Required by Law
Statutory basis: TEC § 21.418 (enacted by HB 2, 89th Leg., Regular Session, 2025)
Verified via: verbatim statute text
Local additions: None — the prior blanket concurrent-use language was inconsistent with the newly enacted statutory teacher election right; the revision is a necessary implementation of the statutory mandate across related policy provisions.
Replacement of 'administrative' with 'District' in Leave Administration section opening sentence Locally Discretionary
Verified via: No statutory requirement or permission identified in statute analysis
Local additions: Purely a stylistic or terminological choice by the district; no statute requires or authorizes this specific linguistic change.
2026-06-16Reading · Meeting notes

This update to Conroe ISD's DEC (Local) Leaves and Absences policy makes two substantive changes to align with Texas Education Code § 21.418: (1) it adds language to the Family and Medical Leave section allowing classroom teachers to elect not to use paid personal leave concurrently with unpaid FMLA leave for absences due to pregnancy, birth, or adoption of a child; and (2) it replaces the existing blanket concurrent-use requirement in the Temporary Disability Leave section with a revised provision carrying the same teacher election exception, while striking the prior unqualified concurrent-use sentence. Additionally, a minor wording change in the Leave Administration section removes "administrative" as a standalone descriptor, replacing it with "District."

Added

  • District (in 'The Superintendent shall develop District administrative procedures...' — 'District' added as underlined replacement)
  • except that, in accordance with Texas Education Code Section 21.418, a classroom teacher may elect not to use the teacher's paid personal leave concurrently with unpaid leave under the Family and Medical Leave Act (29 U.S.C. Section 2601 et seq.) for an absence due to pregnancy, the birth of a child, or the adoption of a child. (added to Family and Medical Leave section)
  • The District shall require the employee to use temporary disability leave and paid leave, including any compensatory time, concurrently with FMLA leave, except that a classroom teacher may elect, as provided by Texas Education Code Section 21.418, not to use paid personal leave concurrently with unpaid FMLA leave for an absence due to pregnancy, the birth of a child, or the adoption of a child. (added to Temporary Disability Leave section)

Removed

  • administrative (struck from 'The Superintendent shall develop District administrative procedures...' in Leave Administration section)
  • The District shall require the employee to use temporary disability leave and paid leave, including any compensatory time, concurrently with FMLA leave. (struck from Temporary Disability Leave section — the unqualified concurrent-use sentence)
Legal Compliance Summary

AI-generated assessment. Verify citations independently before relying on this analysis.

  • Teacher Leave Election Added: State law TEC § 21.418, passed by the Texas Legislature in 2025 (H.B. 2), now requires school districts to give classroom teachers the option to keep their paid personal leave separate when taking unpaid FMLA leave for pregnancy, childbirth, or adoption. Conroe ISD added this option to the Family and Medical Leave section of its policy to match that requirement.
  • Temporary Disability Leave Updated: The policy previously required all employees to use paid leave and compensatory time at the same time as temporary disability leave, with no exceptions. Conroe ISD kept that general requirement in place — which is a local district rule, not a state mandate — but added the teacher election exception for pregnancy, birth, or adoption as required by TEC § 21.418.
  • Mixed Legal Basis in Disability Leave: The revised Temporary Disability Leave section combines two different types of rules: the base requirement to use paid leave and temporary disability leave at the same time is a local district choice, while the new teacher exception for pregnancy, birth, or adoption is required by state law under TEC § 21.418.
  • Wording Change in Leave Administration: The policy replaces the word 'administrative' with 'District' in the Leave Administration section. This is a minor wording update with no connection to any state law or legal requirement.
Legal Compliance DetailsMixed

AI-generated assessment. Verify citations independently before relying on this analysis.

Teacher election exception to concurrent use of paid personal leave with FMLA leave for pregnancy, birth, or adoption — added to Family and Medical Leave section Required by Law
Statutory basis: TEC § 21.418, as enacted by H.B. 2 (89th Leg., R.S., 2025)
Verified via: verbatim statute text
Local additions: None — the district implemented the exact statutory requirement without adding conditions beyond what the statute mandates.
Revised Temporary Disability Leave concurrent-use provision — striking the unqualified concurrent-use sentence and adding the teacher election exception for pregnancy, birth, or adoption Mixed
Statutory basis: TEC § 21.418, as enacted by H.B. 2 (89th Leg., R.S., 2025)
Verified via: verbatim statute text
Local additions: The base concurrent-use requirement (requiring employees to use temporary disability leave and paid leave including compensatory time concurrently with FMLA leave) has no direct statutory mandate cited in the statute analysis and represents a locally retained district rule; the teacher election exception grafted onto it is Required by Law under TEC § 21.418. The combination renders this element Mixed.
Replacement of 'administrative' with 'District' in Leave Administration section Locally Discretionary
Verified via: unverified
Local additions: This is a purely stylistic or grammatical wording refinement with no statutory mandate or express authorization cited in the statute analysis.