Payment of Compensatory Time for Emergency Services Personnel
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 for which the employee is paid.
Employees may be allowed to take compensatory time off during the 18-month period following the workweek in which the compensatory time was earned 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.
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, 9th floor
Austin, Texas 78774
To submit your request electronically, please send a letter on agency letterhead to email@example.com.
- Emergency Services Personnel
- Firefighters, police officers and other peace officers, emergency medical technicians, emergency management personnel and other individuals who are required, in the course and scope of their employment, to provide services for the benefit of the general public during emergency situations. This definition does not include employees of the legislature, the lieutenant governor or any legislative agency.
Texas Government Code, Section 659.025