Untitled Texas Attorney General Opinion ( 1971 )


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  •                            December 9, 1971
    Honorable J. C. Dlngwall        Opinion No.M-1014
    State Highway Engineer
    Texas Highway Department        Re:   To what extent are part-time
    Austin, Texas 78701                   monthly and hourly employees
    of the Texas Highway Depart-
    ment entitled to fringe
    benefits, such as vacation,
    sick leave, hol'idaysand
    Dear   Mr.   Dingwall:                group Insurance?
    In your recent letter requesting an opinion you state
    the following:
    "There are certain categories of our work that
    can be efficiently performed by part-time employees.
    To benefit young people trying to get an education,
    we generally employ students to do this work, with
    usual time running about 20 hours per week. We
    have between two and three hundred In the various
    Districts and Divisions.
    "It has been our practice over the years to
    grant vacation time consistent with the Appropria-
    tion Bills on a percentage basls.for the time
    worked. We have not granted sick leave with pay,
    holidays with pay, nor does the Department partici-
    pate in the Group Health Insurance premiums for this
    class of employee. Many of these part-time em-
    ployees work irregular hours and work shifts.
    Regular full-time hourly employees are granted
    exactly the same benefits as those granted to
    regular full-time monthly employees.
    "We would like your advice as to the authority
    of the Department to follow such a policy. The
    wording In the last paragraph of Article V, Section
    6, page v-35, of S.B. 11 causes us some concern In
    this matter, as it pertains to paid holidays. The
    wording has been changed from previous Appropriation
    Bills."
    Section 1, subdlvislon f, of Article V of the General
    -4946-
    .    ’
    Hon. J. C. Dingwall, page 2      (M-1014)
    Appropriation Act for the current fiscal year (S.B. 11, Acts
    62nd Leg..,R.S. 1971, as amended by S.B. 7, 1st C.S. of the same
    Leg., at,p. V-30) reads as follows:
    "f . PART-TIME EMPLOYEES. Regular full-time
    positions paid out of funds appropriated for
    'salaries of classified positions' may also be
    filled by part-time employees. In computing
    the salaries of these employees, the rates of
    pay shall be proportional to the rates autho-
    rized for full-time classified employment. It Is
    further provided that part-time employees as
    described in this subsection shall be subdect to
    all of the provisions of this Section." (Emphasis
    added.)
    Section 1, subdivision g , of Article V of the Act reads:
    "g . HOURLY EMPLOYEES. It Is the Intent of the
    Legislature that hourly employees shall receive per
    hour rate Increases proportionate to those provided
    In this Act for full-time salaried classified em-
    ployees." (at p. V-30).
    Subdivision c of Sec. 6 of Article V (p. V-34) reads,
    in its relevant portion:
    "Holidays for State employees for each year
    covered by this Act shall be only those specified
    as follows: . . .
    11. . .11
    We hold that this latter provision covers all State
    employees, Irrespective of whether they are regular full-time
    or part-time employees, both of whom are paid.out of the funds
    referred to in subdivision f (supra), or whether they are hourly
    wage workers as are specifically covered by the last paragraph
    of this subdivision c, which reads as follows:
    "Hourly wage workers shall receive the same
    hol%days, with pay, as that given employees on a
    regular monthly basis." (at P. V-35).
    Our opinion Is that the policy you have heretofore
    followed must be altered in view of Sec. 
    6, supra
    , to allow
    part-time employees the same holidays, with pay, as are given
    employees on a regular monthly basis.
    -4947 -
    Hon. J. C. Dingwall, page 3 (M-1014)
    SUMMARY
    The General AppropriationAct for the current
    fiscal year (S.B. 11, Act8 62nd Leg., R.S. 1971 ,
    as amended by S.B. 7, 1st C.S. of the e::meLeg.1
    authorizes the Texas Highway Department to grant
    vacation time consistent with the provisions of
    the Act on a percentagebasis for the time worked;
    to grant regular full-time hourly employees the
    same benefits as those granted to regular full-
    time monthly employees; and to give hourl$and
    part-time employees the same holidays, with pay,
    as those received by employees on a regular
    monthly basis.             4
    V&y truly yours,
    f !_;!!;,; -4
    (p:,‘A.7
    , & ,;lz-
    “eRAWFC@&. MiiTIN
    Attordey ffeneralof Texas
    ti
    Prepared by Jack Sparks
    Assistant Attorney General
    APPROVED:
    OPINION COUKITTEE
    Kerns Taylor, Chairman
    W. E. Allen, Co-Chairman
    James Quick
    Ivan 'Williams
    Bob Lattlmore
    John Banks
    SAM MCDANIEL
    Staff Legal Assistant
    ALFRED WALKER
    Executive Assistant
    NOLA WHITE
    First Assistant
    -4g48-
    

Document Info

Docket Number: M-1014

Judges: Crawford Martin

Filed Date: 7/2/1971

Precedential Status: Precedential

Modified Date: 2/18/2017