Texas Education Code (TEC) §21.409 provides any full-time employee whose position requires certification from the State Board for Educator Certification (SBEC) (i.e., superintendent, principal, assistant principal, counselor, diagnostician, librarian, and instructional aide) a leave of absence for temporary disability at any time the educator’s condition interferes with the performance of regular duties because of a mental or physical disability of a temporary nature. Pregnancy and conditions related to pregnancy are treated the same as any other temporary disability.

Eligibility and Length of Leave

If temporary disability leave is approved for full-time educators, the length of leave is no longer than 180 calendar days, and leave must be taken in one continuous block of time. 

Counting TDL

TDL is granted per incident as one continuous block of time and is not intended to be taken on an intermittent or reduced schedule basis. It’s the only leave recorded in calendar days. This means the non-work days, such as weekends, holidays, and extended breaks (including spring, winter, and summer breaks), are counted toward the employee’s total leave entitlement. As a result, an employee’s TDL may span two school years. Any unused TDL by any employee will be forfeited for the remainder of the fiscal year (June - July). 

Provisions

Employees must request temporary disability leave. The request must be accompanied by a physician’s statement confirming the employee’s inability to work and estimating a probable date of return (Certification of Health Care Provider). The district requires TDL to run concurrently with other district-paid leave and Family Medical Leave (FML). TDL is an unpaid leave. If an employee is placed on TDL, districts are not required to contribute to the employee’s health insurance premium. Employees may continue the group health care coverage by paying the total premium themselves. 

Certification of Health Care Provider

Medical Certification Form

Return-to-work

An employee must submit a request to return to work at least 30 days prior to the anticipated return to work, when applicable. This request must include a physician’s statement regarding the employee’s ability to perform his or her regular work duties. Although TDL provides an employee with a guarantee to return to work, it does not guarantee the employee will be returned to the same position previously held before TDL. Reinstatement requirements at the end of TDL include the following:

• The employee must be reinstated at the school he or she previously worked at if an appropriate assignment is available.
• If an appropriate assignment is not available, the educator may be assigned to another campus, subject to the approval of the campus principal.
• If a position is not available at another campus before the end of the school year, the employee must be reinstated to a position at the original campus at the beginning of the next school year.

I understand this form does not qualify me for TDL coverage, and I will not automatically be covered by TDL. This form is only used to determine eligibility and to help establish TDL validity. All Certification forms must be obtained and returned to the human resources department to verify TDL approval and designation.

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