. , 

. 

. 

MARK WHITE 

Attorney General 

Supreme Court Building 

P. 0. BOX 12546 

Austin. TX. 76711 

5121475-2501 

Telex 9101874-1367 

Telecopier 51214750266 

1607 Main St.. Suite 1400 

Dallas, TX. 75201 

2w7428944 

4624 Alberta Ave., Suite 160 

El Paso, TX. 79905 

9151533.3464 

1220 Dallas Ave.. Suite 202 

Houston. TX. 77002 

7t3%GO666 

806 Broadway, Suite 312 

Lubbock. TX. 79401 

8061747-5236 

4309 N. Tenth. Suite S 

McAlle”. TX. 76501 

51216824547 

200 Main Plaza. Suite 400 

San Antonio, TX. 76205 

51212254191 

A” Equal OppOrtunitYI 

Affirmative Action Employer 

The Attorney General of Texas 

December 21. 1981 

Honorable Wilhelmina Delco 

Chairman 

Opinion No. m-414 

Committee on Higher Education 

House of Representatives 

Austin, Texas 78769 

RS: Construction of General 

Appropriations Act provision 

on compensatory time for 

employees required to work on 

holidays 

Dear Representative Delco: 

You have requested our opinion regarding the construction of a 

provision of the General Appropriations Act regarding compensatory 

time for certain employees. Acts 1981, 67th Leg., ch. 875. art. V, 

56c, at 3798. Section 6c of article V of the current act provides in 

pertinent part: 

Each state agency and institution and 

agencies of higher education will, during the 

biennium, have on hand enough personnel to carry 

on the activities of each institution or agency so 

that the public business can be carried on during 

that period. Those employees who are working 

during that holiday period will be allowed 

compensatory time off at a later time. The 

supervisor in charge may require the employee to 

give reasonable notice in advance of taking 

compensatory time off but may not require that the 

employee specify the reason for which the 

compensatory time is to be taken.... 

Agencies who have work schedules other than 

provided in Article 5165a. Section 2, will insure 

that employees working these schedules observe the 

equivalent number of holidays each year as 

employees working normal office hours. 

You ask: 

Was it the legislative intent to extend the 

privilege of Input in deciding which days could be 

taken as compensation for holidays to both regular 

p. 1413 
Honorable Wilhelmlna Delco - Page 2 (MW-414) 

. 

hour employees and rotating or shift time 

employees? 

You state that agencies with employees on rotating shifts have in 

the past allowed those employees to decide when to take compensatory 

time. In our opinion, the language of the appropriations act does not 

authorize the employee to 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 to carry on public 

business. This requirement is one factor that may prevent the use of 

compensatory time on a particular date. We believe that both the 

employee and his supervisor should have in mind a range of 

alternatives, so that the employee 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. The 

employee’s “privilege of input” does not give him the exclusive right 

to determine when compensatory time will be taken. 

In our opinion, the General Appropriations 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 

insure that rotating employees receive the same amount of holiday time 

as regular employees. The same flexibility as is contemplated for 

regular employees should also be practiced by rotating or shift 

employees and their supervisors. 

SUMMARY 

The General Appropriations Act contemplates a 

shared responsibility between employee and 

supervisor with regard to the use of compensatory 

tine. The act makes no distinction for this 

purpose between regular employees and rotating or 

shift employees. 

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 

p. 1414 
Honorable Wilhelmina Delco - Page 3 

. 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Rick Gilpin 

Jim Moellinger