General Provisions
Payment of Compensatory Time for Emergency Services Personnel
Background
At the discretion of the agency head, emergency services personnel who are not subject to the Fair Labor Standards Act (FLSA) may be paid at the employee’s regular hourly salary rate for all or a part of the hours of compensatory time earned during the course of their employment to provide services for the benefit of the public during emergency situations in the preceding 18-month period.
If the employee receives payment for the compensatory hours, the compensatory time balance must be reduced by one hour for each hour the employee is paid for.
Employees may be allowed to take compensatory time off during the 18-month period following the workweek when they earned the compensatory time if they:
- Meet the definition of emergency services personnel.
- Provide services for the benefit of the public during emergency situations.
– and – - Accrued compensatory time in the performance of those services.
Note: This only applies to emergency services personnel that are not subject to the FLSA.
Notification
The agency must notify the Comptroller’s office of its intent to pay compensatory time to eligible emergency services personnel. The notification must include:
- Documentation identifying the emergency situation for which the time was earned.
– and – - A list of the employees who will be paid in association with the request.
The notification must be submitted to:
Comptroller of Public Accounts
Fiscal Management Division, Payroll Policy
111 East 17th Street
Austin, Texas 78774
To submit your request electronically, please send a letter on agency letterhead to payroll.policy.mail@cpa.texas.gov.
Source
Texas Government Code, Section 659.025.