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Texas Payroll/Personnel Resource

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Lump-Sum Payment of Accrued Vacation Time
Ineligibility and Separation From State Employment

Individuals Not Entitled and Not Eligible to Receive Payment

An employee is not entitled and is not eligible to receive a lump-sum payment of accrued vacation time if the employee at the time of separation from state employment:

  • Held an office normally filled by vote of the people.
  • Was an independent contractor or an employee of an independent contractor.
  • Was an operator of equipment or driver of a team whose wages were included in the rental paid by a state agency to the owner of the equipment or team.
  • Was employed on a piecework basis.
  • Was covered by the Judicial Retirement System of Texas Plan One or Judicial Retirement System of Texas Plan Two.
  • Was covered by the Teacher Retirement System of Texas, unless the individual was a classified, administrative, faculty or professional employee of a state institution or agency of higher education who accumulated vacation leave during the employment or was employed by the:

    • Teacher Retirement System of Texas.
    • Texas Education Agency.
    • Texas Higher Education Coordinating Board.
    • Texas School for the Blind and Visually Impaired.
    • Texas School for the Deaf.
    • Texas Juvenile Justice Department.
    • Windham School District.
      – or –
    • Department of Assistive and Rehabilitative Services (DARS).

Separation From State Employment

A separation from state employment includes a separation when a state employee:

  • Leaves one state agency to begin working for another state agency, if the effective date of the employee’s employment at the second state agency is at least 31 days after the effective date of the employee’s termination at the first state agency.
  • Moves from a position in a state agency that accrues vacation time to a position in that agency that does not accrue vacation time, if the agency agrees to pay the employee for the accrued balance of the employee’s vacation time.
  • Moves from a position in a state agency that accrues vacation time to a position in another agency that does not accrue vacation time, if the other state agency refuses to credit the employee for the balance of the employee’s vacation time as of the date of the move.
  • Moves from a position in a state agency that does not accrue vacation time to a position in another state agency that does not accrue vacation time, if the other state agency is not authorized or refuses to credit the employee for the balance of the employee’s vacation time as of the date of the move.
  • Holds at least two positions and separates from one that accrues vacation time, if the agency agrees to pay the employee for the accrued balance of the employee’s vacation time.
  • Retires while a contributing member of the Employees Retirement System of Texas (ERS).

Source

Texas Government Code, Sections 661.061-661.067, 661.091-661.094.