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The Attorney General of Texas
December 21. 1981
MARK WHITE
Attorney General
Honorable Wilhelmina Delco Opinion No. m-414
Supreme Court Building
Chairman
P. 0. BOX 12546
Austin. TX. 76711 Committee on Higher Education RS: Construction of General
5121475-2501 House of Representatives Appropriations Act provision
Telex 9101874-1367 Austin, Texas 78769 on compensatory time for
Telecopier 51214750266
employees required to work on
holidays
1607 Main St.. Suite 1400
Dallas, TX. 75201 Dear Representative Delco:
2w7428944
You have requested our opinion regarding the construction of a
4624 Alberta Ave., Suite 160
provision of the General Appropriations Act regarding compensatory
El Paso, TX. 79905 time for certain employees. Acts 1981, 67th Leg., ch. 875. art. V,
9151533.3464 56c, at 3798. Section 6c of article V of the current act provides in
pertinent part:
1220 Dallas Ave.. Suite 202
Each state agency and institution and
Houston. TX. 77002
7t3%GO666 agencies of higher education will, during the
biennium, have on hand enough personnel to carry
on the activities of each institution or agency so
806 Broadway, Suite 312
that the public business can be carried on during
Lubbock. TX. 79401
8061747-5236
that period. Those employees who are working
during that holiday period will be allowed
compensatory time off at a later time. The
4309 N. Tenth. Suite S supervisor in charge may require the employee to
McAlle”. TX. 76501
give reasonable notice in advance of taking
51216824547
compensatory time off but may not require that the
employee specify the reason for which the
200 Main Plaza. Suite 400 compensatory time is to be taken....
San Antonio, TX. 76205
51212254191
Agencies who have work schedules other than
provided in Article 5165a. Section 2, will insure
A” Equal OppOrtunitYI that employees working these schedules observe the
Affirmative Action Employer equivalent number of holidays each year as
employees working normal office hours.
You ask:
Was it the legislative intent to extend the
privilege of Input in deciding which days could be
taken as compensation for holidays to both regular
p. 1413
Honorable Wilhelmlna Delco - Page 2 (MW-414)
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hour employees and rotating or shift time
employees?
You state that agencies with employees on rotating shifts have in
the past allowed those employees to decide when to take compensatory
time. In our opinion, the language of the appropriations act does not
authorize the employee to insist that compensatory time be used only
on a particular date or at a particular hour. The agency is required
by the rider to have on hand enough personnel to carry on public
business. This requirement is one factor that may prevent the use of
compensatory time on a particular date. We believe that both the
employee and his supervisor should have in mind a range of
alternatives, so that the employee is enabled to use his time when
most convenient for him to do so, and, on the other hand, so that the
work of the agency is not unduly disturbed by his absence. The
employee’s “privilege of input” does not give him the exclusive right
to determine when compensatory time will be taken.
In our opinion, the General Appropriations Act makes no
distinction between regular employees and those on rotating schedules
or shifts. The only purpose of the second paragraph quoted here is to
insure that rotating employees receive the same amount of holiday time
as regular employees. The same flexibility as is contemplated for
regular employees should also be practiced by rotating or shift
employees and their supervisors.
SUMMARY
The General Appropriations Act contemplates a
shared responsibility between employee and
supervisor with regard to the use of compensatory
tine. The act makes no distinction for this
purpose between regular employees and rotating or
shift employees.
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Rick Gllpin
Assistant Attorney General
p. 1414
Honorable Wilhelmina Delco - Page 3
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APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Jim Moellinger