The Honorable W. J. Estelle, Jr. Opinion No. H- 684
Director
Texas Department of Corrections Re: Entitlement of part-time
Huntsville, Texas 77340 employees to sick leave benefits.
Dear Mr. Estelle:
You have asked:
1. Does a regular half-time (20 hours per week)
employee accrue sick leave at a proportionate rate?
2. Are temporary full-time and temporary part-time
employees entitled to the same benefits as part-time
employees?
You do not specificially indicate what you mean by temporary employment,
but for purposes of this opinion we are using the term to refer to employment
which is at least a month in length but which does not have an indefinite duration.
Section l(n) Article V, of the’Genera1 Appropriations Act (Acts 1973,
63rd Leg., ch. 659, p. 1786,2195) provides:
PART-TIME EMPLOYEES. Regular full-time positions
paid out. of funds appropriated for ‘salaries of classified
positions’ may also be filled by part-time employees. In
computing the salaries of these employees, the rates of pay
shall be proportional to the rates authorized, for full-time
classified employment. It is ,further provided that part-time
employees as described in this subsection shall be subject to
all of the provisions of this Section.
Both your questions, as we understand them, concern only the accrual
of sick leave benefits. The specific General Appropriations Act provision, Article
V, section 7b of Acts 1973, 63rd Leg., ch. 659, p. 1786, 2200, reads in part:
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 em-
ployment, and shall accumulate with the unused amount of
such leave carried forward each month.
p. 2980
The Hwlc>rable W. J. Estelle. Jr. , - Page 2 (H-684)
The term “rtnpl~~yees of the State” as used above is primarily
rcforabl,r, in our opinion, lo full-time, regular employees, as contemplated
by article 5165a, V. T. C. S. But it is broad enough to embrace both part-time
employees and temporary employees. See V. T. C. S. art. 6252-8a. The
scheme of the provision is to afford emp~yees one working day credit (8 hours)
for each month of employment [of forty (40) hours per week] or fraction thereof.
See V. T. C. S. art. 5165~ As applied to part-time employees, the amount of
Edit earned will be a proportionate one. A regular half-time(20 hours per week)
employee will accrue sick leave at the rate of four (4) hours for each month or
fraction of a month employment. A temporary full-time employee will accrue sick
leave on the same basis as a regular full-time employee if he consistently works
a regular forty (40) hour week during the time he is employed. A temporary part-
time employee is entitled to benefits on the same basis as a regular part-time
employee:, i. e. , his accrued sick leave, if any, is calculated at a proportionate
rate berause he works less than forty (40) hours per week continuously.
Compare Attorney General Opinion H-86 (1973).
Our determination that part-time temporary employees are entitled to
sick leave benefits is based in part on the differences between the 1973and 1975
General Appropriation_ Act language regarding employee benefits and that of prior Acts.
Compare Attorney General Opinion M-984 (1971). Noted in Attorney General
Opinion M -1014 (1971) were certain provisions in the 1971 General Appropriations
Act that are also found in Article V, Sections l(d), (0) and 6(c) of the 1973 Act, and
we believe the “holiday” conclusion of M- 1014 remains viable. That opinion con-
cluded that part-time employees must be allowed the same holidays (with pay) as
;trr given to employees employed on a regular monthly basis, but it did not indicate
they were to receive any pay therefor other than the compensation, if any, they
would ha\.c received had the day not been a holiday. In other words, their holiday
Ibenefits were held to be the same as those offull-time employees, but their reali-
zation of them is proportionate, depending upon their work schedules. Also see
Alt,orney General Opinions H-465 (1974), H-408 (1974), H-341 (1974), H-251(194),
H-105 (1973). and C-161 (1963).
Since the statute makes no distinct,ion between temporary and regular
employees, we believe temporary full-time employees are entitled to the same
sick leave benefits as are regular full-time employees. While your questions re-
late :,, the 1973 Appropriat:ions Act, the relevant language in the 1975 Appropri-
ations Act is substantially the same.
p. 2981
The Honorable W. J. Estelle, Jr. - Page 3 (H-684)
SUMMARY
Temporary and part-time state employees
accrue sick leave, but part-time employees
accrue such leave on a proportionate basis.
.i--?+PROVED: /
Opinion Committee
jad :
p. 2982