Tn% ATMDRNEY GENERAL 

OF 

AUlrrXN. 

TEXAS 

- rlsru 

July 3. 1974 

Tb,e Honorable Dr. J. W. Edgar 

Commissioner of Education 

Texas Education Agency 

201 E. Eleventh Streat 

Austin, Texas 78701 

Gpinion No. H- 341 

Re: Computation of 

vacation time under 

the General Appropriations Act (H. B. 139, 

Dear Dr. Edgar: 63rd Leg. ) 

You have submitted three questions to us concerning the vacation 

and sick leave provisions of the General Appropriations Act for fiscal 

1974 and 1975 (Acts 1973, 63rd Leg., ch. 659, p. 1786). See Article 

6813b,. V. T. C. S. Your first question dealn with that portion of Sec. 7a 

of Article V, General Provirions, which providen: 

Sec. 7. EMPLOYEES VACATIONS AND LEAVES. 

a. Employees of the State shall.without deduction in 

salary, be entitled to a vacation in each fiscal year. 

Such entitlement shall be earned in accordance with 

the followings schedule. 

Employees With Total State Hours Accrued 

Employment Of: Per Month 

Less than 15 years 7 

15 years but less than 20 years 10 

20 years and over 14 

You ask: What is the definition of the fifteenth and twentieth years 

of service? 

In our opinion the provision is unambiguous. An employee during his 

first fifteen years of employment earns vacation time at the rate of *even 

hours of vacation time for each month of employment. Not until he has 

completed the fifteenth year of employment does he step up to the next 

higher rate of ten hours per month of employment. Similarly, when he 

p. 1590 
. . 

The Honorable Dr. J. W. Edgar, page 2 (H-341) 

has completed twenty years, he moves up to the rate of fourteen hours 

per month. In both instances, the employee mutcomplete the year of 

employment, whether the fifteenth or the twentieth, before he commences 

to earn-vacation time at the higher rate. See Attorney General Opinion 

M-984 (1971). 

Section 7a of the General Provisions further provides: 

An employee will earn vacation entitlement 

beginning on the first day of employment with the 

State and terminating 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. . . . 

You ask: “What is the usable definition of a fraction of a month’s 

employment and how is annual leave to be credited for this period of time?” 

The question arifes only when an employee enters into state employment 

on a day ‘oilier. than the first day of the month. However, whether that day 

is the 5th, the 20th or some other day, it is on that day that the employee 

begins to earn vacation entitlement under the clear terms of the Act. In 

our opinion, each month of service would commence on the same day of 

each succeeding month, and, by the same token, wpuld end on the preceding 

day of each month. 

Therefore, if employment extends past the day of the month on which 

it first commenced and then terminates, the employee has a fraction of a 

month’s employment for which he would be entitled to the unit of vacation 

accrued during one month’s employment. 

Your third question involves Sec. 7b of Article V of the Appropriations 

Act which provides, with reference to accrual of sick leave: 

b. Employeer of the State ahall, without deduction 

in salary, be entitled to sick leave subject to the 

following conditions: 

p. 1591 
The Honorable Dr. J. W. Edgar, page 3 (H-341)~ 

Sick leave entitlement shall be earned at the 

rate of eight (8) hours for each month or fraction of 

a month employment [& and shall accumulate 

with the unused amount of such leave carried forward each month. 

In view of the fact that the Appropriations Act for fiscal 1973 (Acts 

1972, 62nd Leg., 3rd C. S., ch. 1, p. 15. 273) provided for a limited 

carry forward for a maximum period of 3 years, you ask whether 

unlimited accrual became effective on September 1, 1973, or will 

become effective September 1, 1974. 

The only validity of riders in a general appropriations act must be 

as limitations on the expenditure of funds appropriated by the Act. Texas 

Constitution, Art. 3, Sec. 35; Attorney General Opinion V-1254 (1951). 

Therefore, with the end of fiscal year 1973 on September 1. 1973, the 

general provisions of the general appropriations act for that year lost 

their vitality and were superceded by the provisions of the Act for 

fiscal 1974 and 1975. Therefore, it is our conc~lpaion that, as of 

September 1, 1973, sick leave can be accumulated without limitation. 

SUMMARY 

Under the current Appropriations Act, an employee 

must complete a full fifteen or twenty years of employment to be entitled to one of the higher rates of accruing 

vacation time. For these purposes, employment is to 

be calculated from the actual starting date. 

On and after September 1, 1973, sick leave may 

be accumulated without the limitation imposed in 

fiscal year 1973 and earlier. 

Very truly yours, 

A 

General of Texas 

p. 1592 
1 . 

. . - . 

The Honorable Dr. J. W. Edgar, page 4 (H-341) 

APPR 

rnD: 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 1593