Sec. 661.918. INJURY LEAVE FOR CERTAIN PEACE OFFICERS. (a) This section applies to a peace officer under Article 2.12, Code of Criminal Procedure, who is commissioned as a law enforcement officer or agent, including a ranger, by:
(1) the Public Safety Commission and the director of the Department of Public Safety;
(2) the Parks and Wildlife Commission;
(3) the Texas Alcoholic Beverage Commission;
(4) the attorney general; or
(5) the insurance fraud unit of the Texas Department of Insurance.
(b) A peace officer to whom this section applies is entitled to injury leave, without a deduction in salary, without being required to use compensatory time off accrued under Chapter 659, and without being required to use any other type of leave allowable under this chapter, for an injury sustained due to the nature of the officer's duties and that occurs during the course of the officer's performance of duty, except an officer is not entitled to injury leave under this subsection if:
(1) the officer's own gross negligence contributed to the officer's injury; or
(2) the injury was related to the performance of routine office duties.
(c) To be eligible for injury leave under this section, a person must submit to the person's employer evidence of a medical examination and a recommendation for a specific period of leave from a physician licensed to practice in this state.
(d) The maximum amount of leave available under this section for all injuries occurring at one time is one year.
(e) A person may simultaneously be on injury leave under this section and receive workers' compensation medical benefits under Title 5, Labor Code, but is not eligible for disability retirement benefits under Chapter 814 during the leave period. A person is entitled to workers' compensation indemnity benefits which accrue pursuant to Title 5, Labor Code, after the discontinuation or exhaustion of injury leave under this section.
Added by Acts 2005, 79th Leg., Ch. 571 (H.B. 1428), Sec. 2, eff. June 17, 2005.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 81 (S.B. 687), Sec. 1, eff. September 1, 2009.
Acts 2015, 84th Leg., R.S., Ch. 1055 (H.B. 2037), Sec. 3, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1143 (H.B. 2816), Sec. 2, eff. September 1, 2019.
Structure Texas Statutes
Title 6 - Public Officers and Employees
Subtitle B - State Officers and Employees
Subchapter Z. Miscellaneous Leave Provisions for State Employees
Section 661.901. Applicability
Section 661.902. Emergency Leave
Section 661.903. National Guard Emergency
Section 661.904. Military Leave During National Emergency
Section 661.9041. Differential Pay
Section 661.906. Foster Parents
Section 661.9075. Volunteers of Texas Voluntary Organizations Active in Disaster
Section 661.908. Leave Records; Time and Attendance Records
Section 661.909. Leave Without Pay; Leave of Absence
Section 661.910. Assistance Dog Training for Employees With a Disability
Section 661.911. Administrative Leave With Pay
Section 661.912. Family and Medical Leave Act
Section 661.913. Parental Leave for Certain Employees
Section 661.914. Voting by State Employees
Section 661.915. Applicability to Junior Colleges
Section 661.916. Leave for Organ or Bone Marrow Donors
Section 661.917. Donation of Blood
Section 661.918. Injury Leave for Certain Peace Officers
Section 661.919. Amateur Radio Operators
Section 661.921. Court Appointed Special Advocates Volunteer
Section 661.922. Reserve Law Enforcement Officers
Section 661.923. Leave During Agency Investigation
Section 661.924. Medical and Mental Health Care Leave for Certain Veterans