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MARKWHITE AttorneyGeneral
Supreme Court Building P.0. BOX12546 Austin. TX. 76711 5121475-2501 Telex 9101874-1367 Telecopier 51214750266

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A” EqualOppOrtunitYI Affirmative Action Employer 

# TheAttorney General ofTexas
December 21. 1981

Honorable Wilhelmina Delco Chairman Opinion No. m-414 Committee onHigher 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 6cof article Vof 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 onthe 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 mayrequire the employee to give reasonable notice in advance of taking compensatory time off but maynot require that the employee specify the reason for which the compensatory time is to be taken.... Agencies whohave 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. Youask: 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

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hour employees and rotating or shift time employees? Youstate that agencies with employees onrotating 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 aparticular date or at aparticular hour. Theagency is required by the rider to have on hand enough personnel to carry on public business. This requirement is one factor that mayprevent the use of compensatory time on a particular date. Webelieve 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 himto do so, and, onthe 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 himthe exclusive right to determine whencompensatory time will betaken. In our opinion, the General Appropriations Act makes no distinction between regular employees and those on rotating schedules or shifts. Theonly purpose of the second paragraph quoted here is to insure that rotating employees receive the sameamount of holiday time as regular employees. The same flexibility as is contemplated for regular employees should also be practiced by rotating or shift employees andtheir supervisors.SUMMARY

TheGeneral 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 JOHNW.FAINTER,JR. First Assistant Attorney General RICHARDE. GRAYIII Executive Assistant Attorney General Prepared byRick Gllpin Assistant Attorney General

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APPROVED:

OPINIONCOMMITTEE Susan L. Garrison, Chairman Jon Bible Rick Gilpin JimMoellinger