From: Staffing
Texas law contains several provisions related to military leave. The Texas military forces are comprised of the Texas Army National Guard, the Texas Air National Guard, and the Texas State Guard. All three branches are administered by the state Adjutant General, an appointee of the Governor of Texas, and fall under the command of the Governor.
Public Employees
According to Tex. Govt. Code § 437.202, an employee of Texas or a municipality, a county, or another political subdivision of Texas with at least five full-time employees who is a member of the Texas military forces, a reserve component of the armed forces, or a member of a state or federally authorized urban search and rescue team are entitled to up to 15 days of paid military leave each federal fiscal year. During a leave of absence, such individual may not be subjected to loss of time, efficiency rating, personal time, sick leave, or vacation time.
An employee who takes military leave is also entitled to return to the same employment held when ordered to duty or training. However, he or she must give written or actual notice of the intent to return to work as soon as practicable after release from duty. Additionally, employees who are members of the Texas military forces, or of any other state, may not be terminated from employment because he or she is ordered to authorized training or duty.
Federal Protections for State Service
Pursuant to Tex. Govt. Code § 437.213, a member of the Texas military forces who is ordered to active state duty by the governor or by other proper authority is entitled to the benefits and protections of the federal Uniformed Services Employment and Reemployment Rights Act (USERRA) and the federal Servicemembers Civil Relief Act (SCRA).
Emergency Leave
Texas Military Forces
A state employee called to state active duty as a member of the Texas military forces in response to a natural or man-made disaster is entitled to receive paid emergency leave without loss of military leave under § 437.202 or annual leave. According to Tex. Govt. Code § 437.254, a state employee called to federal active duty to assist civil authorities in a declared emergency or emergency assistance training is entitled to receive paid emergency leave for up to 22 workdays without loss of military leave under § 437.202 or annual leave.
National Guard Emergency and National Emergency
According to Tex. Govt. Code §§ 661.903 and 661.904, a state employee who is called to state active duty as a member of the Texas military forces by the governor because of an emergency is entitled to a leave of absence without a deduction in salary. However, a state employee who is called to federal active duty as a member of the Texas military forces may not receive his or her state salary except he or she may use any accrued vacation leave, earned compensatory leave, or overtime leave under the federal Fair Labor Standards Act to maintain benefits for self or dependents while on military duty. Although, the state agency will grant sufficient emergency leave as differential pay to a state employee on unpaid military leave if the employee’s military pay is less than his or her state gross pay. The combination of emergency leave and military pay may not exceed the employee’s actual state gross pay.
Work Schedules and Compensatory Time
According to Tex. Govt. Code § 658.008, state agencies must adjust the work schedule of any employee who is a member of the Texas National Guard or the U.S. Armed Forces Reserve so that two of the employee’s days off of work each month coincide with two days of his or her military duty. Additionally, according to Tex. Govt. Code § 659.029, state agencies are required to provide an employee activated to military service, as a member of the reserve component of the armed forces, with a balance statement of his or her accrued state compensatory (comp) time and accommodate an employee’s request to use the balance of the comp time before it expires.
Enforcement
A violation of an employee’s re-employment rights is an unlawful employment practice. A person injured by a violation may file a complaint with the Texas Workforce Commission Civil Rights Division.
Upon a finding that an employer engaged in an intentional unlawful employment practice, a court may award compensatory damages and punitive damages. The total of the amount of compensatory damages awarded for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses plus the amount of punitive damages awarded may not exceed the following dollar amounts for each complainant:
- $50,000 for employers with fewer than 101 employees.
- $100,000 for employers with more than 100 and fewer than 201 employees.
- $200,000 for employers with more than 200 and fewer than 501 employees.
- $300,000 for employers with more than 500 employees.
Contact Information
Texas Workforce Commission
www.twc.state.tx.us
Texas Military Department
https://tmd.texas.gov
