| (a) Scope and Purpose. The Texas Military Department
(TMD) provides training opportunities to enhance job skills and to
retain a well-qualified, trained, professional workforce dedicated
to TMD's mission. The Tuition Assistance Program (TAP) training includes
instruction, teaching, or other education received by a state employee
that is not normally received by other state employees and that is
designed to enhance the employee's ability to perform his or her job.
This section establishes general eligibility and related requirements
for employee participation in TMD's TAP.
(b) Eligibility. Eligibility requirements for tuition
assistance include, but are not limited to:
(1) continuous and full-time employment for one year
at the time of application;
(2) a recommendation from the employee's supervisor;
(3) identification of the relationship of the training
to the employee's position or a prospective role within the Agency;
(4) any other factor deemed relevant by the executive
director; and
(5) coursework or training be obtained at an accredited
institution of higher education, as required by statute.
(c) Restitution from Employees for Training Costs.
The employee training is conditional upon all the following:
(1) The employee shall attend and successfully complete
the training or education program, including passing tests or other
types of performance measures where required.
(2) At the authorization of the TMD's executive director,
the employee shall complete and file with the Office of Executive
Director (OED) prior to the commencement of the training, on forms
prescribed by the OED, an employee training agreement that sets forth
the terms and conditions of the training assistance, including a provision
for working for the Agency for a prescribed period of time or paying
back the amount of the assistance.
(3) An employee participating in the TAP must agree
in writing, prior to beginning the coursework, to a six-month service
commitment to TMD.
(4) Employees who do not comply with the length of
service requirement must reimburse the TMD for both the cost of the
training activities (prorated to credit any full calendar month of
employment following completion of the course) and any reasonable
expenses the TMD incurs in obtaining restitution, including reasonable
attorney's fees.
(5) Employees who are unable to comply with the length
of service requirement due to extraordinary circumstances beyond their
control may request the executive director to waive the reimbursement.
(6) Employees approved for the TAP may flex their
work schedule with the approval of their supervisor if there is no
negative impact on customers or work production. Employees cannot
use work hours for attending classes, studying, taking exams, or other
activities associated with the coursework. When such activities fall
within an employee's normal work schedule, the employee must use leave
hours to compensate for time away from the job.
(d) Any information relating to application for and
receipt of reimbursement for training and education for state administrators
and employees shall be reported to the OED on a quarterly basis.
(e) This rule contemplates that the executive director
will adopt a policy that further details the application process,
requirements and limitations on tuition assistance. Tuition assistance
is based on available funds and is not guaranteed for any employee
of TMD.
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