By: Van de Putte S.B. No. 1800
A BILL TO BE ENTITLED
AN ACT
relating to state employee military leave.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 431.005, Government Code is amended to
read as follows:
(a) A person who is an officer or employee of the state, a
municipality, a county, or another political subdivision of the
state and who is a member of the state military forces or a reserve
component of the armed forces is entitled to a paid leave of absence
from the person's duties on a day on which the person is engaged in
authorized training or duty ordered or authorized by proper
authority for not more than 15 work days in a federal fiscal year.
During the leave of absence the person may not be subjected to loss
of time, efficiency rating, or vacation time.[, or salary.]
(b) [Leaves of absence under Subsection (a) may not exceed
15 days in a federal fiscal year, except that] A [a] member of the
legislature is entitled to pay for all days that the member is
absent from a session of the legislature and engaged in training and
duty as provided by Subsection (a).
(c) A state employee who is a member of the state military
forces or a reserve component of the armed forces and who is ordered
to duty by proper authority is entitled, when relieved from duty, to
be restored to the position that the employee held when ordered to
duty.
SECTION 2. Section 431.0825, Government Code is amended to
read as follows:
A state employee called to active duty as a member of the
state military forces [National Guard] by the governor is entitled
to receive paid emergency leave without loss of military leave in
accordance with 431.005(a) or annual leave.
SECTION 3. Section 659.023, Government Code is amended to
read as follows:
(a) A state agency shall notify its employees annually of
the state's policy on compensatory time.
(b) A state agency shall accommodate to the extent
practicable an employee's request to use accrued compensatory time.
(c) A state agency shall provide employees activated to
military services as members of the reserve component a balance of
their accrued state compensatory time and will accommodate an
employees request to either use the balance prior to the 12 month
expiration period or extend the expiration period.
SECTION 4. Section 661.903, Government Code is amended to
read as follows:
A state employee who is called to state active duty as a
member of the state military forces [Texas National Guard] by the
governor because of an emergency is entitled to a leave of absence
without a deduction in salary if paid by state funds in accordance
with Section 431.0825.
SECTION 5. Section 661.904, Government Code is amended to
read as follows:
(a) An employee called to active duty during a national
emergency to serve in a reserve component of the armed forces of the
United States under Title 10 or Title 32 of the United States Code
is entitled to an unpaid leave of absence.
(b) The employee continues to accrue state service credit
for purposes of longevity pay while on military duty described by
Subsection (a) but does not accrue vacation or sick leave if in an
unpaid status. [during that time.].
(c) The employee may retain[s] any accrued vacation or sick
leave and is entitled to be credited with those balances on return
to state employment from military duty described by Subsection (a).
(d) The employee may choose to utilize any accrued vacation
leave, earned compensatory leave or FLSA overtime leave in whole or
in part to maintain benefits for themselves or their dependents
while on military duty described by Subsection (a). Leave earned
while in a state paid status is credited to the employees balance
when the employee returns to active state employment.
(e) The administrative head of an agency may grant
sufficient emergency leave as differential pay to a state employee
on unpaid leave whose military gross pay is less than the
individuals state gross pay. The combination of emergency leave
and military pay may not exceed the employee's actual state gross
pay.
(f) The employee activated for military service may use any
combination of paid leave (accrued state compensatory time, FLSA
overtime, annual leave, 15 days of military leave, or approved
agency differential pay) to continue to accrue ERS retirement
service credit by receiving a minimum of one hour of state pay
during each month of active military service. State health
insurance and premium payment issues as a result of a paid leave and
unpaid leave during a calendar month should be reviewed with the
employee prior to departure for military service.