Au-. TXXASI 787ll
September 16, 1977
Honorable Charles Leklaistre Opinion No. R- 1055
Chancellor, University of
Texas System Re: Whether faculty members
Office of General Counsel of the University of Texas
201 West 7th Street are entitled to payment for
Austin, Texas 78701 sick leave on termination.
Dear Dr. LeMaistre:
You have requested our opinion regarding whether faculty
members of the University of Texas are entitled to payment for
sick leave upon termination of employment. The General Appro-
priations Act for the 1975-77 biennium provides, in article V,
section 7(b):
Employees of the State shall, without
deduction in salary, be entitled to sick
leave subject to the following conditions:
Sick leave entitlement shall be earned
at the rate of eight (8) hours for each
month or fraction of a month employment,
and shall accumulate with the unused amount
of such leave carried forward each month.
Sick leave with pay may be taken when
sickness, injury, or pregnancy and confine-
ment prevent the employee's performance of
duty or when a member of his immediate
family is actually ill. An employee who
must be absent from duty because of ill-
ness shall notify his supervisor or cause
him to be notified of that fact at the
earliest practicable time.
To be eligible for accumulated sick
leave with pay during a continous period
of more than three (3) working days, an
employee absent due to illness shall
send to the administrative head of his
employing agency a doctor's certificate
p. 4334
. .
Honorable Charles LeMaistre - Page 2 (x-1055)
showing the cause or nature of the ill-
ness or some other written statement of
facts concerning the illness which is
acceptable to such administrative head.
Upon return to duty after sick leave
the employee concerned shall, without
delay, complete the prescribed applica-
tion for sick leave and submit the same
through proper channels to the appropri-
ate approving authority for his consi-
deration.
Exceptions to the amount of sick leave
an employee may take may be authorized
by the administrative head or heads of
any agency of the State provided such
exceptions are authorized on an individual
basis after a review of the merits of
such particular case. A statement of any
such authorized exceptions or the reasons
for them shall be attached to the State
agency's duplicate payroll voucher for
the payroll period affected by such autho-
rized exceptions.
The foregoing provision regarding sick
leave shall not apply to State institu-
tions of higher education which had es-
tablished rules in effect prior to the
adoption of this Act for sick leave for
the nonacademic and academic staffs of
such institutions, and such sick leave
policies may continue to be established
by the governing boards of such institu-
tions.
A state employee who resigns, is dis-
missed or separated from state employ-
ment shall be entitled to be paid for
one-half of sick leave entitlement duly
accrued.
(Emphasis added). We note that the latter provision does not
appear in the General Appropriations Act for the 1977-79 biennium.
p. 4335
. 1
Honorable Charles LeMaistre - Page 3 (H-1055)
In AttorneysGeneral Opinion H-766 (1976) at 3, we held
that the provision authorizing
payment of . . . an employee's accumulated
sick leave upon termination of employment
is applicable to state institutions of
higher education.
We noted, however, that under the language of section 7(b), an
institution of higher education which had established sick leave
policies in effect prior to September 1, 1975,
may continue to enforce those policies
and to promulgate additional policies of
a similar nature.
Attorney General Opinion H-766 (1976)'at 4. You state that a
number of the component institutions of the University of Texas
System have for many years maintained a sick leave policy re-
garding faculty members. During the period of a faculty member's
illness, his teaching duties are assumed by another member of
his department, but he continues to receive his regular salary.
Records of sick leave accrued and used are not maintained, and
sick leave accrual has not been recognized.
If an institution is able to demonstrate that such policies
were in effect prior to September 1, 1975, and that sick leave
accrual by faculty members was not recognized prior to that
time, we do not believe that the institution is required to
compensate a separated employee for sick leave on termination.
Whether such policies were indeed in effect is of course a
question of fact, which may be demonstrated by the existence of
written rules, statements in a faculty handbook, or otherwise.
SUMMARY
If, under established policy prior to
September 1, 1975, faculty members did
not accrue sick leave, a university is
not required to compensate a separated
employee for sick leave on termination.
Whether such policy was in effect is a
question of fact.
P. 4336
Honorable Charles LeMaistre - Page 4 w-1055)
General of Texas
APPROVED:
c*
LL, First Assistant
- -.
ATH, Chairma;
Opinion Committee
I_
jet
p. 4337