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TITLE 34PUBLIC FINANCE
PART 1COMPTROLLER OF PUBLIC ACCOUNTS
CHAPTER 5FUNDS MANAGEMENT (FISCAL AFFAIRS)
SUBCHAPTER DCLAIMS PROCESSING--PAYROLL
RULE §5.43Payments for Accrued Vacation Time

      (ii) the denominator of which is equal to eight multiplied by the number of workdays during the month.

    (C) This subparagraph applies only if the state agency making a payment under this section is an institution of higher education. The institution may calculate the hourly rate of compensation for a particular month under the method described in subparagraph (B) of this paragraph. If the institution determines not to use that method, then the hourly rate of compensation for a particular month is equal to a quotient:

      (i) the numerator of which is equal to the rate of compensation, expressed as an annual rate; and

      (ii) the denominator of which is 2080.

  (3) Employees with contracts to work fewer than twelve months each fiscal year. This paragraph applies to a state employee who, on the effective date of the employee's separation from state employment, was normally scheduled to work for a state agency fewer than twelve months during a fiscal year but who agreed for the agency to pay the compensation earned during that work period over twelve months. The employee's applicable rate of compensation must be based on the amount of compensation earned each month the employee worked, not on the amount of compensation paid to the employee each month of the year.

(h) Remaining on the payroll to exhaust the accrued balance of vacation time. A state agency that is liable for a payment under this section and the state employee who is entitled to receive the payment may mutually agree for the employee to remain on the agency's payroll to exhaust the accrued balance of the employee's vacation time instead of paying the employee for the balance. The payment must occur if either party does not agree.

(i) Payroll details. The payroll detail submitted to the comptroller to make a payment under this section must include:

  (1) the employee's rate of pay at the effective time of separation from state employment;

  (2) the effective time of separation from state employment; and

  (3) the number of days and hours of the accrued balance of the employee's vacation time, not including hours for authorized national and state holidays.


Source Note: The provisions of this §5.43 adopted to be effective June 28, 2005, 30 TexReg 3731

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