2021 Texas Statutes
Government Code
Title 4 - Executive Branch
Subtitle C - State Military Forces and Veterans
Chapter 437 - Texas Military
Subchapter E. Texas Military Forces
Section 437.202. Leave of Absence for Public Officers and Employees
Sec. 437.202. LEAVE OF ABSENCE FOR PUBLIC OFFICERS AND EMPLOYEES. (a) Except as provided by Subsections (b) and (c), a person who is an officer or employee of this state, a municipality, a county, or another political subdivision of this state and who is a member of the Texas military forces, a reserve component of the armed forces, or a member of a state or federally authorized urban search and rescue team 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 workdays in a fiscal year. During a leave of absence, the person may not be subjected to loss of time, efficiency rating, personal time, sick leave, or vacation time.
(a-1) In addition to the leave provided under Subsection (a), a person described by Subsection (a) called to state active duty by the governor or another appropriate authority in response to a disaster is entitled to a paid leave of absence from the person's duties for each day the person is called to active duty during the disaster, not to exceed seven workdays in a fiscal year. During a leave of absence under this subsection, the person may not be subjected to loss of time, efficiency rating, personal time, sick leave, or vacation time. For purposes of this subsection, "disaster" has the meaning assigned by Section 418.004.
(b) An officer or employee of this state is entitled to carry forward from one fiscal year to the next the net balance of unused accumulated leave under Subsection (a) that does not exceed 45 workdays.
(c) 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 or duty as provided by Subsection (a).
(d) An employee of this state or a municipality, a county, or another political subdivision of this state with at least five full-time employees who is a member of the Texas military forces, a reserve component of the armed forces, or a member of a state or federally authorized urban search and rescue team 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.
(e) This state, a municipality, a county, or another political subdivision of this state shall provide written notice of the number of workdays of paid leave to which an officer or employee described by Subsection (a) is entitled each fiscal year under Subsection (a) and, if applicable, the number of workdays of paid leave to which an officer or employee described by Subsection (a) is entitled to carry forward each fiscal year under Subsection (b):
(1) on employment, in the case of an employee; or
(2) as soon as practicable after appointment or election, in the case of an officer.
(f) This state, a municipality, a county, or another political subdivision of this state shall, on the request of an officer or employee described by Subsection (a), provide to that officer or employee a statement that contains:
(1) the number of workdays for which the officer or employee claimed paid leave under Subsection (a) in that fiscal year; and
(2) if the statement is provided to an officer or employee of this state:
(A) the net balance of unused accumulated leave under Subsection (a) for that fiscal year that the officer or employee is entitled to carry forward to the next fiscal year; and
(B) the net balance of all unused accumulated leave under this section to which the officer or employee is entitled.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1217 (S.B. 1536), Sec. 1.01, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 456 (H.B. 445), Sec. 1, eff. September 1, 2015.
Acts 2017, 85th Leg., R.S., Ch. 853 (H.B. 2486), Sec. 1, eff. June 15, 2017.
Acts 2021, 87th Leg., R.S., Ch. 923 (H.B. 1589), Sec. 1, eff. September 1, 2021.
