Tex. Gov't Code Section 661.152
Entitlement to Annual Vacation Leave


(a)

A state employee is entitled to a vacation in each fiscal year without a deduction in salary, except for a state employee who is:

(1)

an employee of an institution of higher education as defined by Section 61.003 (Definitions), Education Code, who:

(A)

is not employed to work at least 20 hours per week for a period of at least four and one-half months; or

(B)

is employed in a position for which the employee is required to be a student as a condition of the employment;

(2)

a faculty member employed for a period of fewer than 12 months by an institution of higher education as defined by Section 61.003 (Definitions), Education Code; or

(3)

an instructional employee employed for a period of fewer than 12 months by the Texas School for the Blind and Visually Impaired, the Texas School for the Deaf, or the Texas Juvenile Justice Department.

(b)

The amount of vacation accrues and may be taken in accordance with this subchapter.

(c)

A part-time employee accrues vacation leave on a proportionate basis. The maximum amount of vacation leave a part-time employee may carry forward from one fiscal year to the next is also on a proportionate basis.

(d)

An employee accrues vacation leave and may carry vacation leave forward from one fiscal year to the next in accordance with the following schedule:

(e)

In this subsection, “duty day” means an employee’s last physical day on the job. An employee accrues vacation leave at the applicable rate beginning on the first day of state employment and ending on the last duty day of state employment. An employee accrues and is entitled to be credited for one month’s vacation leave for each month of employment with the state beginning on the first day of employment with the state and on the first calendar day of each succeeding month of state employment. An employee who is employed by the state during any part of a calendar month accrues vacation leave entitlement for the entire calendar month.

(f)

An employee may not take vacation leave until the employee has six months of continuous employment with the state, although the employee accrues vacation leave during that period.

(g)

If an employee’s state employment anniversary date occurs on the first calendar day of a month, the employee begins to accrue vacation leave at a higher rate in accordance with Subsection (d) on the first calendar day of the appropriate month. Otherwise, the employee begins to accrue vacation leave at the higher rate on the first calendar day of the month following the anniversary date. An employee who begins working on the first workday of a month in a position that accrues vacation leave is considered to have begun working on the first calendar day of the month for purposes of this subsection.

(h)

An employee is entitled to carry forward from one fiscal year to the next the net balance of unused accumulated vacation leave that does not exceed the maximum number of hours allowed under Subsection (d). All hours of unused accumulated vacation leave that may not be carried forward at the end of a fiscal year under this subsection and Subsection (d) shall be credited to the employee’s sick leave balance on the first day of the next fiscal year.

(i)

In computing the amount of vacation leave taken, time during which an employee is excused from work because of a holiday is not charged against the employee’s vacation leave.

(j)

An employee who is on paid leave on the first workday of a month may not take vacation leave accrued for that month until the employee has returned to duty.

(k)

An individual who is reemployed by any state agency in a position under which the employee accrues vacation leave within 30 days after the individual’s date of separation from state employment is entitled to reinstatement of the unused balance of the employee’s previously accrued vacation leave.

(l)

For purposes of computing vacation leave under Subsection (d) for a state employee who retired from state employment on or after June 1, 2005, and who receives an annuity based wholly or partly on service as a state officer or state employee in a public retirement system, as defined by Section 802.001 (Definitions), that was credited to the state employee, years of total state employment includes only the length of state employment after the date the state employee retired.
Added by Acts 1999, 76th Leg., ch. 279, Sec. 19, eff. Sept. 1, 1999. Amended by Acts 2003, 78th Leg., ch. 1310, Sec. 43, 44, eff. June 20, 2003.
Amended by:
Acts 2005, 79th Leg., Ch. 899 (S.B. 1863), Sec. 13.05, eff. September 1, 2005.
Acts 2015, 84th Leg., R.S., Ch. 734 (H.B. 1549), Sec. 109, eff. September 1, 2015.

Source: Section 661.152 — Entitlement to Annual Vacation Leave, https://statutes.­capitol.­texas.­gov/Docs/GV/htm/GV.­661.­htm#661.­152 (accessed Jun. 5, 2024).

661.001
Definitions
661.002
Sick Leave Pool
661.003
Contribution to Pool
661.004
Use of Time in Pool
661.005
Withdrawal of Time from Pool
661.006
Limitation on Withdrawals
661.007
Equal Treatment
661.008
No Entitlement to Estate
661.021
Purpose
661.022
Guidelines
661.023
Contribution to Family Leave Pool
661.024
Use of Time in Pool
661.025
Withdrawal of Time from Pool
661.026
Limitation on Withdrawals
661.027
Equal Treatment
661.028
No Entitlement to Estate
661.031
Definitions
661.032
Applicability of Subchapter
661.033
Payment for Vacation and Sick Leave
661.034
Computation of Payment
661.035
Computation of Total Accumulated Leave
661.036
Payment Charged to Certain Fiscal Year
661.037
Payment with Funds Appropriated for Salaries
661.038
Rules
661.061
Definitions
661.062
Entitlement to Payment for Vacation Time
661.063
Computation of Payment
661.064
Computation of Total Accumulated Leave
661.065
Lump-sum Payment
661.066
Payment Charged to Certain Fiscal Year
661.067
Agreement for State Employee to Remain on Agency Payroll
661.068
Rules
661.091
Payment for Vacation Time on Retirement
661.092
Computation of Payment
661.093
Conflict with Other Subchapter
661.094
Rules
661.121
Vacation for Hourly or Daily Employee
661.151
State Auditor Interpretation
661.152
Entitlement to Annual Vacation Leave
661.153
Transfer of Vacation Leave Balance
661.154
Vacation Leave for Legislative Employees
661.201
Applicability
661.202
Entitlement to Sick Leave
661.203
Faculty at Institutions of Higher Education
661.204
Transfer of Sick Leave Balance
661.205
Restoration of Sick Leave on Reemployment in Certain Circumstances
661.206
Educational Activities: Use of Sick Leave
661.207
Donation of Sick Leave
661.251
Definition
661.252
Agency Policy
661.901
Applicability
661.902
Emergency Leave
661.903
National Guard Emergency
661.904
Military Leave During National Emergency
661.905
Volunteer Firefighters, Emergency Medical Services Volunteers, and Search and Rescue Volunteers
661.906
Foster Parents
661.908
Leave Records
661.909
Leave Without Pay
661.910
Assistance Dog Training for Employees with a Disability
661.911
Administrative Leave with Pay
661.912
Family and Medical Leave Act
661.913
Parental Leave for Certain Employees
661.914
Voting by State Employees
661.915
Applicability to Junior Colleges
661.916
Leave for Organ or Bone Marrow Donors
661.917
Donation of Blood
661.918
Injury Leave for Certain Peace Officers
661.919
Amateur Radio Operators
661.921
Court Appointed Special Advocates Volunteer
661.922
Reserve Law Enforcement Officers
661.923
Leave During Agency Investigation
661.924
Medical and Mental Health Care Leave for Certain Veterans
661.9041
Differential Pay
661.9075
Volunteers of Texas Voluntary Organizations Active in Disaster
661.9125
Paid Parental Leave for Certain Employees

Accessed:
Jun. 5, 2024

§ 661.152’s source at texas​.gov