Untitled Texas Attorney General Opinion ( 1941 )

I@. J. H. Raaco, Ereoutive Head Liyeatock Sanitary Commissionof Tsxaa 2002 W.T. Waggonar Building Fort Worth, Texas Opinion No. O-2945 Deer Sir: Re: Authority of dapartmenthead to grant state raployea 12 day8 paid vaoatlon beginning approximatelythree month8 after the beginningof the fiscal ysar. We have your letter of Deormbsr 2, 1940, in #whichyou aek our opinion upon the following question: ;’; “L ; ? *One of our state employersorante ;i to take a 12 daya 'paidvacation at ,j this time. The employee rraeivsd bene- ,:/P rit of hie waation ror the rlacal year that ended August 31, 1940. Will It b6 ,; ! permiaaibleto grant him a full annua$ ,il : paid,vacation at this time - approximate- 1 $ ly three months after the beginningof “, .,A the present flaoal gear?” ,b i,’ The general rider appended to Senate Bill “‘No. 427, Aota 46th Legislature (the current biennial :/!-appropriationact)provldea: "Departmentemployeesshall, without deduation in salary, reoeive not exaesd- ing 12 days vacation,exclusive of Sundays and legal holidays, on which Stats orrlcea I are-closed,for each State Piacal yaar, such vaaation period to be mutually agrasd upon by the head of each departmentwith his employeea,.provided,that employees belonging to'the Texas National Guard may have their vaoation at t&a time of the meeting of the annual enaampment. Pro- ’ , A 660 Mr. J. H. Rasoo, page 2 vided, that no employee for whom a salary ia hereby appropriated, shall receive com- pensation while on vacation unless he or she has been an employee of the department ror not lass than six calendar months pre- ceding the vacation period.” In our ~opinion, it will be permissible to grant a State employee a full annual paid vacation at any time within the fiscal year, provided that the em- ployee has bean an employee of the department for not less than six calendar months preceding the vaoation period. The statute does not expressly require that the six oalendar months preoeding the vacation period be in the aame fiscal year as the vacation period, and we do not believe that such requirement should be implied. If it were requisite that each employee be employed in the same department for six calendar months preceding the va- . cation period in the same fieoal year, then neceeearily all vaaation oarioda would have to fall between Maroh 1 and September 1 of each/year. Thla might ad~veraely af- fect the efficiency of the work of some departments, whoas heaviest work may rall in the spring and Bummer montha. The intention of the Legislature evidently waa to allow the department head an& h$a employees discretion in determining when vacation’agrioda should be taken, provided that no paid vacation should be al- lowed until the employee has been in the employ of the aame department for at least six months preosding such vacation period and that not more than 12 days paid vaoationba allowed in any fiaoal year. Yours very truly ATTORNETGENERALOF TEXM J-PH:LW ATTORm GENERALOF TEXAS &IS OPINION CONSIDEBEDAND APPROVEDIN LIZKITED CONFERENCE