TEEATTORNEYGENERAL
OF TEXAS
Aue~uv. ‘~-EXAE ‘78’111
September 23, 1974
The Honorable Wilson E. Speir Opinion No. H- 408
Director
Texas Department of Public Safety Re: Whether a separated employee
5805 Lamar Blvd. is entitled to be retained on the
Austin, Texas 78773 payroll until he has been paid
for vacation time accrued during
the initial six (6) months of his
employment if he is separated
from.State service before he has
been continuously employed for
six (6) months.
Dear Colonel Speir:
You have asked whether, under the Appropriation Act for fiscal
years 1974-1975, a state employee who terminates or is otherwise separated
from state employment before completing six months continuous service
should be carried on the state payroll until he has been paid for any vaca-
tion time which has accrued.
Section 7 of Article 5 of the current Appropriation Act (Acts 1973,
63rd Leg,, ch;‘.‘659, at p. 2199) provides in part:
An employee will earn vacation entitlement beginning
on the first day of employment with the State and termi-
nating on the last day of duty. Vacation entitlement is
accrued at the applicable rate cited above. Credit for
one month’s accrual will be given for each month or
fraction of a month of employment with the State.
Vacation with pay may not be granted until the employee
has had continuous employment with the State for six (6)
months, although credit will be accrued during that
period. (emphasis added)
. . .
p. 1903
The Honorable Wilson E. Speir page 2 (H-408)
This Office has interpreted similar provisions in past Appropria-
tion Acts to mean that an employee must be employed continuously for
six calendar months before he or she is legally entitled to a @vacation.
Attorney General Opinions O-5972 (1944); O-2945 (1941); Letter Response
#1667 addressed to Jesse James, State Treasurer, (1949). However, even
though a new employee accrues vacation pay, he, like other employees, is
not entitled to receive a lump sum payment in lieu of vacation at the time
of his separation. Attorney General Opinion H-126 (1973).
We believe the proper interpretation is that most state employees
are entitled to be carried on the payroll before they are separated until
duly accrued vacation time is exhausted, [Attorney General Opinion H-126
(1973)], but that new employees, although they accrue vacation time, “may
not be granted” vacation time with pay until they have had continuous
employment with the State for six (6) months.
SUMMARY
A state employee who terminates or is
otherwise separated from State e,mployment
before completing six months continuous service,
is not entitled to be paid for accrued vacation
time and may not be granted a vacation with pay
on the State payroll.
Very truly yours,
Attorney General of Texas
p. 1904
The Honorable Wilson Speir page 3 (H-408)
APPROVED:
. YO K, First ssista-
LL
DAVID M. KENDALL, Chairman
Opinion Committee
lg
p. 1905