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The Texas Human Resources Management Statutes Inventory (Inventory) summarizes the state human resources management statutes that apply to Texas state employees. The Inventory, first published in 1972 and updated every two years, is a compilation of major state and federal laws that apply to human resources management. This 21st edition supersedes all previous editions and reflects changes made in the 85th Legislative Session.

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Employment discrimination laws make it illegal for employers to treat employees and applicants adversely based on race, color, sex, religion, national origin, mental or physical disability, age, or genetic information. This chapter summarizes some major federal and state laws that are applicable to state agencies and institutions of higher education.

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The Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA) are federal laws that establish workplace requirements that may be applicable to state agencies and institutions of higher education.

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In some situations, state employees may be eligible for state compensatory time. State compensatory time is accrued on a “straight” time basis, or one hour for one hour worked.

State employees who must work on a designated national or state holiday will be allowed holiday compensatory time off during the 12-month period following the date of the holiday if the employee is entitled to a paid day off from working for a state agency on the holiday.

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The Position Classification Plan (Plan), established by the Position Classification Act, requires most state agencies to comply with the salary schedules and compensation provisions of Article IX of the General Appropriations Act.

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The State has a limited number of positions that are exempt from the Position Classification Plan (Plan) at state agencies.

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For salary administration purposes, there are two types of positions:

•   Classified positions paid in accordance with the Classification Salary Schedules.

•   Positions that are exempted from the Position Classification Plan by authority of the Legislature or the Governor. Salaries for these positions must be set in accordance with the General Appropriations Act.

The following sections relate primarily to salary administration for classified employees in state agencies.

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There are various statutes and policies that determine pay for employees in state agencies and institutions of higher education. This chapter provides an overview of these statutes, but does not cover individual state agency or higher education institution policies and procedures related to employee compensation.

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The Comptroller of Public Accounts (Comptroller), in consultation with the State Auditor, must adopt rules that prescribe uniform procedures for payroll and personnel reporting for all state agencies and that are designed to:

•   Facilitate the auditing of payrolls.

•   Facilitate a classification compliance audit for agencies covered by the State’s Position Classification Plan.

•   Assure conformity with state statute and the General Appropriations Act.

•   Provide the Legislative Audit Committee with current information on employment and wage rate practices in state government.

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The State Auditor’s Office is responsible for providing uniform interpretation of certain leave provisions and for reporting any exceptions made by individual agencies to the Governor and Legislature. These interpretations are advisory in nature.

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In addition to the vacation and sick leave provisions, the State offers leave to employees for specific situations. This chapter of the Inventory covers various leave provisions that may be granted to state employees. Agencies and institutions of higher education should review these provisions carefully to determine if employees are eligible to use these leave types.

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State agency employees are entitled to a paid day off from work on national, state, and optional holidays observed by the State.

Institutions of higher education can establish their own holiday schedules, as long as the total number of holidays observed does not exceed the number of holidays observed by an employee of a state agency.

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Both state and federal law provide employment and re-employment rights to individuals who are called to military service. These laws provide income and job protection, as well as a means for employees to secure time off when called to military service.

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The State of Texas provides a comprehensive benefits program for employees in state agencies and institutions of higher education. Health insurance for most employees is available through the Employees Retirement System (ERS). Exceptions include employees of the University of Texas and Texas A&M University systems, which provide their own insurance programs for employees.

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The State’s retirement plan is a defined benefit plan and offers defined contribution retirement plans to employees.

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Unemployment insurance (UI) is an insurance program paid for by employers that provides benefits to qualified individuals (referred to as claimants within this chapter) unemployed through no fault of their own. This program provides temporary, partial income replacement to eligible individuals while they are seeking other employment. With few exceptions, state employees are covered by unemployment insurance.

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Workers’ compensation is a form of insurance that provides income benefits, medical treatment, and other benefits to workers who are injured on the job or acquire an occupational disease on the job.

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•   Appendice 1 – Objective, Scope, and Methodology

Jump to Appendix 1 

•   Appendice 2 – State Agency Responsibilities

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•   Appendice 3 – Entitlements for State Agency Employees

Jump to Appendix 3 

•   Appendice 4 – Entitlements for Employees of Institutions of Higher Education

Jump to Appendix 4 

•   Appendice 5 – Pay Entitlements upon Separation from State Employment

Jump to Appendix 5 

•   Appendice 6 – Transfer and Rehire Leave Reinstatement Entitlements

Jump to Appendix 6 

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