Payment for Compensatory or Holiday Time
State agencies in general may grant compensatory time to their employees but are not authorized to pay compensatory time. However, some agencies have specific authority to grant and/or pay compensatory time off to employees in certain circumstances.
The Texas Department of Transportation (TxDOT) is authorized to grant compensatory time off or to pay hourly employees — in addition to any applicable holiday pay — for work performed on official state holidays.
If granting time off would be disruptive to normal business functions of the agency, TxDOT may pay Fair Labor Standards Act (FLSA) exempt and nonexempt employees on a straight-time basis for work on a holiday or for regular compensatory time hours.
TxDOT is responsible for determining whether employees are entitled to additional time off or payment for compensatory time. The agency also determines when to credit the time or make payments to employees.
General Appropriations Act (GAA), Rider 16 (a-b, d) in the Miscellaneous Pay Provisions to the Department of Transportation; Texas Government Code Annotated, Section 659.016 (Vernon 2004).
The Department of State Health Services (DSHS) and the Department of Aging and Disability Services (DADS) have specific authority to pay employees straight-time hours for working on a holiday or for compensatory time that cannot be taken to avoid disruption of business. This authority applies to employees at DSHS and DADS who work in a state mental health or mental rehabilitation facility.
With the explicit approval of the Health and Human Services (HHS) Executive Commissioner, all HHS agencies may pay FLSA exempt and nonexempt employees on a straight-time basis for working on a holiday when the employees are required to provide support during a federally declared disaster. Agencies may also pay employees in this situation for regular compensatory time hours when the taking of regular compensatory time off would be disruptive to normal business functions.
GAA, Rider 11 in the Special Provisions Relating to all Health and Human Services Agencies.
The Texas Engineering Extension Service may pay its FLSA exempt employees on a straight-time basis for work on a holiday or for regular compensatory time hours in certain situations. Payment is authorized only when such time is worked in connection with a state or federal activation and when the taking of regular compensatory time off would be disruptive to normal business functions.
GAA, Rider 3 of the appropriations for the Texas A&M Engineering Extension Service.
The Texas Forest Service is authorized to pay its FLSA exempt employees straight-time hours for hours worked on a holiday or for regular compensatory time when the hours worked are in connection with an emergency. Payment is authorized when allowing compensatory time off would disrupt the agency’s normal business functions.
GAA, Rider 5 of the appropriations for the Texas A&M Forest Service.
An institution of higher education may pay an employee at his or her regular rate of pay for hours worked on a national or state holiday that does not fall on a Saturday or Sunday. Payment for these hours is allowed if granting the employee time off would disrupt normal teaching, research or other critical functions at the institution.
Texas Government Code Annotated, Section 662.007 (Vernon 2004).