I@. J. H. Raaco, Ereoutive Head
Liyeatock Sanitary Commissionof Tsxaa
2002 W.T. Waggonar Building
Fort Worth, Texas
Opinion No. O-2945
Deer Sir: Re: Authority of dapartmenthead
to grant state raployea 12
day8 paid vaoatlon beginning
approximatelythree month8
after the beginningof the
fiscal ysar.
We have your letter of Deormbsr 2, 1940, in
#whichyou aek our opinion upon the following question:
;’;
“L ; ?
*One of our state employersorante
;i to take a 12 daya 'paidvacation at
,j this time. The employee rraeivsd bene-
,:/P rit of hie waation ror the rlacal year
that ended August 31, 1940. Will It b6
,; ! permiaaibleto grant him a full annua$
,il : paid,vacation at this time - approximate-
1 $ ly three months after the beginningof
“, .,A the present flaoal gear?”
,b
i,’ The general rider appended to Senate Bill
“‘No. 427, Aota 46th Legislature (the current biennial
:/!-appropriationact)provldea:
"Departmentemployeesshall, without
deduation in salary, reoeive not exaesd-
ing 12 days vacation,exclusive of Sundays
and legal holidays, on which Stats orrlcea
I are-closed,for each State Piacal yaar,
such vaaation period to be mutually agrasd
upon by the head of each departmentwith
his employeea,.provided,that employees
belonging to'the Texas National Guard may
have their vaoation at t&a time of the
meeting of the annual enaampment. Pro-
’ ,
A
660
Mr. J. H. Rasoo, page 2
vided, that no employee for whom a salary
ia hereby appropriated, shall receive com-
pensation while on vacation unless he or
she has been an employee of the department
ror not lass than six calendar months pre-
ceding the vacation period.”
In our ~opinion, it will be permissible to
grant a State employee a full annual paid vacation at
any time within the fiscal year, provided that the em-
ployee has bean an employee of the department for not
less than six calendar months preceding the vaoation
period.
The statute does not expressly require that the
six oalendar months preoeding the vacation period be in
the aame fiscal year as the vacation period, and we do
not believe that such requirement should be implied. If
it were requisite that each employee be employed in the
same department for six calendar months preceding the va-
. cation period in the same fieoal year, then neceeearily
all vaaation oarioda would have to fall between Maroh 1
and September 1 of each/year. Thla might ad~veraely af-
fect the efficiency of the work of some departments,
whoas heaviest work may rall in the spring and Bummer
montha. The intention of the Legislature evidently
waa to allow the department head an& h$a employees
discretion in determining when vacation’agrioda should
be taken, provided that no paid vacation should be al-
lowed until the employee has been in the employ of the
aame department for at least six months preosding such
vacation period and that not more than 12 days paid
vaoationba allowed in any fiaoal year.
Yours very truly
ATTORNETGENERALOF TEXM
J-PH:LW
ATTORm GENERALOF TEXAS
&IS OPINION CONSIDEBEDAND
APPROVEDIN LIZKITED CONFERENCE