Expert: William A. McKelligott - 2/13/2008

Question
I work for a Texas city fire dept.  Our pay is based on a 28 day cycle and over time is paid at the end of the cycle.  The straight time is paid on the payday that was worked.  Now the question I have is, we have a certain number of vacation days we must take a year and only so many we can have off.  we pick our vacation on the last day of Oct. for the whole next year.  So when we get down to the last day of vacation to put on the calender we are told what days are available and these days ended up being on a cycle of worked overtime.  Does the city have to pay for the over time or can they just pay the straight time?  Also, is there a provision in civil service law that requires the city to pay overtime for cycles with vacation taken but now required to pay for cycles that comp. time of sick time was taken.  This was a comment from a fellow old timer worker.  Any info on this will be wonderful.

Answer
Robert,

Your question concerns civil service employment in the State of Texas, not with the federal government which is my area of knowledge.  These are two separate employers with their own hiring practices; pay and benefits for each generally reflect local market needs and conditions as well.  Civil service jobs and standards are not the same at all levels of government.  

I suggest you speak with someone at a municipal or state level agency that has oversight functions on city/state employees, including fire department staff, to discuss pay and benefits.  If you are part of a union, I am sure they could be of help as well.

William