Texas Attorney General Opinion: H-766 Page: 3 of 6
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The Honorable Bevington Reed - page 3 (H-766)
A state employee who resigns is
dismisse or separatafrom state
employment shall be entitled to be
paid for one Thaf of sick leave entitlement
U accrued. mphasis added)a .
Your first question asks:
Is the rider provision in Section 7(b)
of Article V of the present General
Appropriation Bill, authorizing payments
to employees for accumulated sick leave,
applicable to the institutions of higher
education?
The statute clearly requires that all state employees,
upon separation, be paid for one-half of their accrued sick
leave. No exception is created for employees of state
institutions of higher education. The exception in the
preceding paragraph applies only to "[Ithe foregoing provision
regarding sick leave" and is not applicable to any subsequent
provision. It is well settled that, where the language of a
statute is plain and clear, it must be given effect as
written. Gateley v. Humphrey, 254 S.W. 2d 98 (Tex.Sup.
1952). The courts will not usurp the function of the Legisla-
ture by reading into a statute a provision which is not
contained therein. Goldman v. Torres, 341 S.W.2d 154 (Tex.
Sup. 1960). It is therefore our opinion that the provision
of the General Appropriations Act providing for payment of
one-half of an employee's accumulated sick leave upon termi-
nation of employment is applicable to state institutions of
higher education.
Your second question is:
May the governing board of an institu-
tion of higher education limit the maximum
number of days of sick leave which can be
accumlated by an employee for either pay-
ment purposes in the case of termination
or actual use in the case of illness?p. 3234
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Texas. Attorney-General's Office. Texas Attorney General Opinion: H-766, text, January 16, 1976; (https://texashistory.unt.edu/ark:/67531/metapth271290/m1/3/: accessed April 27, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.