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