# Tn% ATMDRNEY GENERAL OF AUlrrXN. 

# TEXAS

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July 3. 1974 Tb,eHonorable 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 tous 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 ofSec. 7a ofArticle 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 followingsschedule. Employees With Total State Hours Accrued Employment Of: Per Month Less than 15years 7 15years butless than 20years 10 20years 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. Notuntil he has completed the fifteenth year of employment does he step upto the next higher rate oftenhours per month of employment. Similarly, when he

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

has completed twenty years, he moves upto the rate of fourteen hours per month. In bothinstances, 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 ofthe General Provisions further provides:

An employee will earn vacation entitlement beginning onthe first day of employment with the State andterminating onthe last day of duty. Vacation entitlement is accrued at the applicable rate cited above. Credit for onemonth’s accrual will be given for each month or fraction ofamonth of employment with the State.
. . . You ask: “What is the usable definition ofa fraction of amonth’s employment andhowis annual leave to be credited for this period of time?” The question arifes only when an employee enters into state employment ona day ‘oilier. than the first day ofthe month. However, whether that day is the 5th, the 20th or some other day, it is onthat day that the employee begins to earn vacation entitlement under the clear terms ofthe Act. In our opinion, each month of service would commence onthe same day of each succeeding month, and, by the same token, wpuld end onthepreceding day of each month. Therefore, if employment extends past the day of the month onwhich it first commenced andthen terminates, the employee has 

### a fraction ofa 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 ofArticle V of the Appropriations Act which provides, with reference to accrual of sick leave:

**b.** Employeer ofthe State ahall, without deduction in 

### salary,be entitled to sick leave subject to the following conditions:

p. 1591The 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 theunused amount of such leave carried forward each month. In view ofthe fact thattheAppropriations Act **for** fiscal 1973 (Acts 1972, 62nd Leg., 3rd C.S., ch. 1, p. 15. 273) provided for a limited carry forward for amaximum period of 3years, 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 onthe expenditure of funds appropriated bythe Act. Texas Constitution, Art. 3, Sec. 35; Attorney General Opinion V-1254 (1951). Therefore, with the end of fiscal year 1973 onSeptember 1. 1973, the general provisions ofthe general appropriations act **for** thatyear lost their vitality andwere superceded by the provisions oftheAct for fiscal 1974 and 1975. Therefore, it is our conc~lpaionthat, as of September 1, 1973, sick leave can be accumulated without limitation. SUMMARY Under the current Appropriations Act, anemployee must complete a full fifteen or twenty years ofemployment to be entitled to one ofthehigher rates ofaccruing vacation time. For these purposes, employment is to be calculated from the actual starting date. Onandafter 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

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

APPR rnD:

DAVID M. KENDALL, Chairman Opinion Committee

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