Case Information
*1 The Attorney General of Texas
September 23, 1980
’ AlBnncd by&?&T i
Honorable Evans N. Wentz Opinion No. hB+247 Executw Director
Texas Commission fcr the Blind Re: Whether a terminated employee Austin, Texas of the State Commission for the Blind was entitled to be paid fcr accrued sick leave Dear Mr. Wentz:
You have requested our opinion as to whether an employee terminated by the State Commission for the Blind on June 25,1979, is entitled to be paid for accrued sick leave. We assume that there is no question of wrongful termination.
The 1975-77 General Appropriations Act, which expired on August 31, 1977, contained a provision requiring that all state employees, lpon separation, be paid for are-half of their accrued sick leave. Acts l975,64th Leg., ch. 743, art. V, sec. 7(b), at 2850. See Attorney General Opinion H- 1083 (1977). Neither of the appropriations 3 enacted since 1975, however, has contained any provision permitting payment for sick leave.
The side leave ~provisions of the General Appropriations Act are applicable to all employees Paid with funds appropriated thereby. Attorney General Opinion H-996 fl977). On June 25, 1979, when the employee of whom you inquire was terminated, the 1977-79 General Appropriations Act was in effect. That indivi&al’s compensation, as well as that of other employees of the Commission for the Blind, was clearly included within the agency’s appropriation. Acts l977,65th Leg., ch. 872, art. II, at 2729-34. As a result, unlike the situation in Attorney General Opinion H-1083 (1977), agency policy regard@ payment of sick leave is irrelevant. The statute controls, and therefore, no payment may be made.
Neither cb we believe that refusal of the Commission to pay this employee for accrued sick leave constitutes a violation of the Federal Rehabilitation Act of 1973, 29.U.S.C. section 794. The individual has not been denied any benefits to which he was lawfully entitled.
P. 780
Honorable Evans N. Wentz - Page Two (HN-247)
SUMMARY An employee of the State Commission for the Blind who was terminated cn June 25, 1979, is not entitled to be paid for accrued sick leave.
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 Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan Garrison, Acting Chairman
Carla cox
Rick Gilpin
Bruce Youngblood
P. 781