Untitled Texas Attorney General Opinion ( 1981 )

. , . . The Attorney General of Texas December 21. 1981 MARK WHITE Attorney General Honorable Wilhelmina Delco Opinion No. m-414 Supreme Court Building Chairman P. 0. BOX 12546 Austin. TX. 76711 Committee on Higher Education RS: Construction of General 5121475-2501 House of Representatives Appropriations Act provision Telex 9101874-1367 Austin, Texas 78769 on compensatory time for Telecopier 51214750266 employees required to work on holidays 1607 Main St.. Suite 1400 Dallas, TX. 75201 Dear Representative Delco: 2w7428944 You have requested our opinion regarding the construction of a 4624 Alberta Ave., Suite 160 provision of the General Appropriations Act regarding compensatory El Paso, TX. 79905 time for certain employees. Acts 1981, 67th Leg., ch. 875. art. V, 9151533.3464 56c, at 3798. Section 6c of article V of the current act provides in pertinent part: 1220 Dallas Ave.. Suite 202 Each state agency and institution and Houston. TX. 77002 7t3%GO666 agencies of higher education will, during the biennium, have on hand enough personnel to carry on the activities of each institution or agency so 806 Broadway, Suite 312 that the public business can be carried on during Lubbock. TX. 79401 8061747-5236 that period. Those employees who are working during that holiday period will be allowed compensatory time off at a later time. The 4309 N. Tenth. Suite S supervisor in charge may require the employee to McAlle”. TX. 76501 give reasonable notice in advance of taking 51216824547 compensatory time off but may not require that the employee specify the reason for which the 200 Main Plaza. Suite 400 compensatory time is to be taken.... San Antonio, TX. 76205 51212254191 Agencies who have work schedules other than provided in Article 5165a. Section 2, will insure A” Equal OppOrtunitYI that employees working these schedules observe the Affirmative Action Employer 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