Texas Human Resources Management Statutes …

1 Texas Human Resources Management Statutes inventory 2018 2019 Biennium A resource for Management of State Agencies and Institutions of Higher Education SAO No. 18-303. Foreword The Texas Human Resources Management Statutes inventory ( inventory ) is provided by the State Auditor's Office as a guide to assist state agencies and institutions of higher education. 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. Intention of inventory Applicability of the inventory : The inventory is a general reference This guide does not create a guide for state entities and organizations and should not be construed contract between a state entity or as legal advice.

2 It is intended to serve as a general summary and is not organization and any employee. Unless explicitly exempted by intended to be an exhaustive source of information on Human Resources written contract, statute, or policy, Management Statutes , policies, and procedures. The provisions within state employees are employed at- this inventory apply to most executive agencies, but may not always will.. apply to higher education institutions, the judiciary, and legislative agencies. State entities should consult with their legal counsel to ensure compliance with all applicable federal and state laws and regulations. The State Auditor's Office has strived to provide an accurate collection of laws relating to Human Resources Management . However, due to the complex and changing nature of the subject matter, the inventory may contain some errors or omissions.

3 The specific language contained in the Statutes , regulations, case law, Texas Office of the Attorney General Opinions, and other source documents takes precedence over the content of the inventory . Interpretation of the Human Resources Management provisions: The inventory draws state Human Resources Statutes , policies, and procedures primarily from four sources: general laws enacted by the Legislature, the General Appropriations Act, federal laws, and Texas Office of the Attorney General Opinions. Texas Government Code, Section , grants the State Auditor the authority to provide a uniform interpretation of Texas Government Code, Chapter 661, Subchapter F, General Provisions for Vacation Leave for State Employees; Subchapter G, General Provisions for Sick Leave for State Employees; and Subchapter Z, Miscellaneous Leave Provisions for State Employees.

4 Please be advised that State Auditor interpretations are advisory in nature and should not be construed as legal advice. State entities are responsible for consulting with their legal counsel to determine the best course of action and to ensure compliance with all applicable federal and state laws. Additional information: Questions concerning this inventory should be directed to the Classification Analyst in the State Auditor's Office's State Classification Team assigned to your agency or institution of higher education. Contact information for the analysts is at i Contents Foreword .. i Chapter 1 Standards of Conduct .. 1. Ethics Policy .. 1. Nepotism .. 1. Physical Fitness Programs and Standards .. 3. Political Influence .. 4. Publicity .. 5. Employment Restrictions for Former Officers or Employees.

5 5. Unacceptable Solicitations and Benefits .. 6. Use of Alcoholic Beverages .. 7. Use of State Property .. 7. Chapter 2 Employment Discrimination and Anti-Retaliation Laws .. 8. General Information .. 8. Texas Workforce Commission .. 8. Workforce Diversity Programs .. 8. Age Discrimination in Employment Act of 1967 (ADEA) .. 9. Americans with Disabilities Act of 1990 (ADA) and the Americans with Disabilities Act Amendments Act of 2008 (ADAAA) .. 9. Bona-Fide Occupational Qualification (BFOQ) .. 9. The Civil Rights Act of 1964, Title VII .. 10. Religious Affiliation Discrimination .. 10. Sexual Harassment .. 10. Equal Pay Act of 1963 (EPA) .. 11. Federal Pregnancy Discrimination Act of 1978 .. 11. Genetic Information Nondiscrimination Act of 2008 (GINA) .. 11. Genetic Testing Discrimination .. 12. Lilly Ledbetter Fair Pay Act of 2009.

6 12. Protections in Reporting Violations of Law .. 12. Reporting Discrimination .. 12. Reporting Child Abuse and Neglect .. 12. Texas Whistle Blower Act .. 13. Public Employee Labor Unions .. 13. Strikes .. 13. Right to Express Breast Milk .. 13. Required Posters at the Workplace .. 14. Chapter 3 Employee Recruitment and Selection .. 15. At-Will 15. Reference Checks .. 15. Criminal History Checks .. 16. Dissemination of Criminal History Information .. 16. Criminal History Checks on Information Technology Employees .. 17. Criminal History Checks on Security Sensitive Positions in Higher Education .. 19. Equal Employment Opportunity Commission (EEOC) Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII .. 19. Employees Working Out of State.

7 19. Employment Preference for Former Foster Children .. 20. Employment Preference for Veterans .. 20. Military Occupational Specialty Codes on Employment Openings .. 21. Report on Transition from Military Service to Employment .. 21. Identification Cards for Peace Officers .. 22. Merit Selection Principles - Federal Laws or Regulations .. 22. Multiple Employment with the State .. 23. Appointments at State Institutions of Higher Education .. 24. Posting Job Vacancies .. 25. Online State Agency Employment Applications .. 25. Probationary or Introductory 25. Selective Service Registration .. 26. Verification of Employment Eligibility .. 26. Volunteer Programs .. 26. Civilian Workforce Composition .. 27. Workforce Analysis .. 27. Recruitment 28. Chapter 4 Federal Requirements: Fair Labor Standards Act and the Family and Medical Leave Act.

8 29. Fair Labor Standards Act (FLSA) .. 29. FLSA Nonexempt Employees .. 29. FLSA-Exempt Employees .. 31. Family and Medical Leave Act (FMLA) .. 32. Family and Medical Leave Eligibility .. 32. Family and Medical Leave Entitlement .. 33. Military Caregiver Leave .. 34. Spouses Employed by Same Employer .. 34. Family and Medical Leave Notice and Certification .. 34. Family and Medical Leave and the Use of Paid Leave .. 36. Determining the 12-Month Leave Entitlement Period .. 37. Job Restoration and Maintenance of Health Benefits .. 37. Chapter 5 State and Holiday Compensatory Time .. 39. State Compensatory Time .. 39. State Compensatory Time for Nonexempt Employees Subject to FLSA .. 39. State Compensatory Time for Employees Exempt from FLSA Overtime Provisions .. 39. State Compensatory Time for Emergency Services Personnel.

9 40. Payment of State Compensatory Time in Certain Situations .. 40. Use of Compensatory Time before Lapsing .. 41. Notification of Compensatory Time Policy .. 41. Compensatory Time for Persons Governing State Agencies and Institutions of Higher Education .. 42. Compensatory Time and Assigned Place of Employment .. 42. Holiday Compensatory Time .. 42. Transfer of Holiday Compensatory Time between State Agencies .. 43. Authorizations for Payment of Holiday and State Compensatory Time .. 43. Chapter 6 Position Classification Plan .. 44. Position Classification Plan Overview .. 44. Agencies Subject to the Position Classification Plan .. 44. Agencies' Use of the Position Classification Plan .. 45. Bona Fide New Positions .. 45. State Job Descriptions .. 46. Classification Salary Schedules .. 46. Fiscal Year 2018-2019 Classification Salary Schedules A and B.

10 46. Fiscal Year 2018-2019 Classification Salary Schedule C .. 49. Classification Compliance Audits .. 49. Salary Studies .. 50. Chapter 7 Positions Exempt from the Position Classification Plan .. 51. Positions Exempt from the Position Classification Plan .. 51. Salary Groups and Not-to-Exceed Rates for Exempt Positions .. 52. Salary 52. Not-to-Exceed Rates .. 52. Exempt Employees Salaries .. 52. Salary Supplements for Exempt Positions .. 55. Provisions for Educational Institutions .. 56. Salary Study on Exempt Positions .. 56. Chapter 8 Salary Administration .. 57. General Information .. 57. Part-time and Hourly Employees .. 57. Salary at the Time of Hire .. 57. Salary Limitations .. 57. Salary Supplementation .. 58. Conversion of Exempt Employees to Classified Positions .. 59. Reassignment of Executive Directors.