State Days and Retirees Memo


FROM: Joseph W. Mezher, Division of Educator Excellence 
DATE: May 31, 2002 
SUBJECT:  Retired teachers and their qualification for the State Personal Leave Program

This is in response to inquiries concerning retired teachers and their qualification for the State Personal Leave Program.

Chapter 22, Section 22.003, Subsection (a) of the Texas Education Code states that: "A state minimum personal leave program consisting of five days per year personal leave with no limit on accumulation and transferable among districts shall be provided for school districts employees. School districts may provide additional personal leave beyond this minimum. The board of trustees of a school district may adopt a policy governing an employee’s use of personal leave granted under this subsection, except that the policy may not restrict the purposes for which the leave may be used."

Retired teachers are considered school district employees, if the district chooses to rehire them after retirement as teachers under contract. Therefore, these days are cumulative and transferable among districts and retired teachers will be eligible for their unused state days upon rejoining the district.