What to do if I’m an employee of a county government but my department has merged with another and I’ve lost my administrative leave time?

I have been a salaried employee (department head) for the last 5 years. My department has merged with 3 others. I’m still doing the same job but am an hourly employee. HR has informed me that I have lost my 1300 administrative leave time that I had earned. Can they really take my AL hours like that?

Asked on July 25, 2012 under Employment Labor Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, if one's accrued administrative leave time is to be curtailed, the employer must give the employee adequate notice to either use the vested time or lose it.

Since this was not done in your situation as you have written, you are entitled to compensation for this 1,300 hours of vested time. I would speak with your supervisor about such. If the matter is not resolved to your satisfaction, your recourse is to consult with a labor attorney and/or a representative with your local department of labor.

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