Hood County reviews employee handbook; TAC recommends clearer leave rules, drug-testing updates and gender-neutral language

A Texas Association of Counties representative reviewed the Hood County employee handbook at a commissioners court workshop on June 12, 2025, and recommended a suite of edits ranging from administrative-leave language to CDL drug-testing procedures and gender-neutral pronouns.

The presenter told the court she had “about 69 comments” on the manual and urged the removal of language that requires the personnel department to "approve" administrative leave, saying the autonomy of elected officials means approval is not always appropriate. She recommended changing that sentence to require notification rather than approval and adding an exception so non-elected department heads still route longer leaves through the court.

Why it matters: Several recommendations aim to reduce legal and operational risk. The presenter noted federal requirements — including FMCSA clearinghouse rules for commercial drivers, FMLA provisions for intermittent leave, and minimum-pay obligations for time worked — that the county’s draft either omits or phrases too rigidly. She also encouraged using gender-neutral terms like “employee” to limit inconsistency and potential liability under employment law.

Key recommendations and details

Administrative leave: The presenter recommended striking phrases that suggest the personnel department "approves" administrative leave and instead require notification so elected officials retain office autonomy. For employees who report to non-elected department heads, she suggested adding explicit exceptions so those department heads coordinate with the commissioner’s court.

Compensation for terminated employees: The reviewer warned the county cannot withhold pay for hours already worked and that federal rules require at least minimum wage for time worked; discretionary payouts such as holiday or vacation pay may be held pending return of county property. “We can never withhold pay for time worked,” the presenter said, explaining options to pay minimum wage until time records are reconciled.

CDL and drug-testing language: The presenter flagged missing FMCSA clearinghouse verbiage and offered sample text and query forms. She also urged that the handbook avoid a blanket 0-tolerance approach that forces immediate termination in every case; for CDL employees federal rules require particular handling, and the county should budget for random and post-accident testing costs.

FMLA and return-to-work: The presenter recommended removing absolute wording (for example, deleting the word "only" from intermittent-leave sections) to preserve legally required flexibility, and adding a fitness-for-duty/medical-release clause and guidance on bona fide offers to return to work.

Lactation and PWFA: The reviewer said the handbook’s one-year limit on lactation breaks conflicts with Texas law, which does not impose that time frame; she recommended referencing the Texas right-to-express law rather than limiting accommodations to the first year after childbirth. She also noted the handbook lacks a Pregnant Workers Fairness Act (PWFA) policy and offered a sample.

Other edits: The presenter advised consistent use of either “HR” or “personnel,” expanding nepotism definitions (for example, sister-in-law and great-grandparent in-laws), clarifying the title of the county’s HR lead, and adding cybersecurity training requirements for new employees.

What the court will do next

The presenter said she will compile all suggested edits and sample language and send them to Melissa (the county HR contact). The court agreed to review redlined changes, consider implementation during the budget process and require employee acknowledgments for any adopted modifications. No formal vote or policy adoption occurred at the session.

Quotes

“We have a total of about 69 comments that I have made,” Speaker 4 said, framing the scope of the review. On administrative leave she told the court, “Even if they do not submit a time card, we cannot withhold pay,” emphasizing federal pay obligations. On pronoun usage the presenter said the recommendation for gender-neutral language was meant “to protect your liability, not to push a political agenda.”

Next steps and procedural note

The TAC representative will email redlined policies and sample verbiage to Melissa; the court plans to consider the changes and bring revised policies back for possible approval. The workshop adjourned at 11:07 a.m.