Workweek; overtime compensation; sick leave; vacation.
Houston Code of Ordinances § 34-35
in effectSec. 34-35. - Workweek; overtime compensation; sick leave; vacation.
(a) Definitions. Unless otherwise indicated, the following words shall, for purposes of this section, have the following meanings:
(1) Compensatory time or compensatory time off. Hours during which eligible employees are not working and which are not counted as hours worked during the applicable workweek for purposes of overtime compensation and for which the employee's is compensated at the employee's regular rate.
(2) Eligible employee. All classified members of the police department subject to the provisions of article 1269m of the Revised Civil Statutes of Texas.
(3) Overtime. Time actually worked in excess of the 40 hours in a workweek.
(4) Regular rate of pay. The regular rate of pay shall include:
a. Base pay;
b. Longevity pay;
c. Educational incentive pay;
d. Assignment pay; and
e. Higher classification pay, where authorized.
The term "regular rate of pay" shall not include compensation excluded under Section 7(e) of the Fair Labor Standards Act of 1938, as amended or the interpretative regulations and administrative or judicial opinions construing that section.
(5) Time actually worked or actual work. The time the employee is actually on duty or on a council declared holiday, on authorized sick leave, vacation leave, compensatory time off, death in the family leave or any other authorized leave. Hours spent by a police officer doing the work of an injured or ill police officer pursuant to section 26(h) of article 1269m shall not count as time actually worked for purposes of overtime compensation.
(6) Workweek. The workweek shall consist of a maximum of 40 hours of actual work within the consecutive 168-hour period beginning with the day shift Saturday.
(b) Eligible employees shall have a regularly scheduled workweek of 40 hours on a schedule established by the department.
(c) The police chief shall cause to be maintained accurate, complete and permanent records of all employee attendance and time actually worked during each workweek, and shall make reports of attendance and time actually worked as may be prescribed by the civil service commission. He shall certify the correctness of the reports. The reports shall be forwarded to the human resources department on a weekly basis.
(d) All eligible employees shall be compensated for working overtime beyond their regularly scheduled workweek by the payment of either monetary compensation at the rate of 1½ times their regular rate of pay or compensatory time at the rate of 1½ hours for each overtime hour worked. The following shall apply to the payment of overtime compensation:
(1) The chief of police or his designated subordinate shall verify that the overtime is needed to complete a required city service or operation.
(2) Any eligible employee shall elect to have his or her overtime paid in cash or compensatory time. Such election shall be made on a form prescribed by the chief and filed with the department's payroll clerk prior to the end of the applicable pay period. Failure to file the prescribed form will be deemed to be an election for compensatory time. Where overtime is paid in cash it shall be paid in the pay period in which it is earned or as soon thereafter as is possible, taking into consideration both the work cycle and the payroll system used.
(3) Where the employee is granted compensatory time the following shall apply.
a. The number of hours of compensatory time which may be accumulated shall not exceed 480.
b. Accrued compensatory time which is given must be used within 365 calendar days from the date accrued, provided that it does not unduly disrupt departmental operations. The police chief shall issue appropriate regulations governing the use of compensatory time.
c. Accrued compensatory time not taken within 365 days from the date of accrual shall be paid for, in cash, at the greater of:
1. The employee's regular rate of pay over the last three years of employment by the city preceding the date of payment; or
2. The employee's regular rate of pay as of the end of the pay period preceding the date of payment.
Such payment shall be made in the pay period following the expiration of the 365-day period.
d. The police department shall maintain detailed records of the accumulation and use of compensatory time on a form prescribed by the human resources director.
e. Accumulated compensatory time shall be used in accordance with the first-in-first-out (FIFO) accounting principle.
f. Any compensatory time accrued prior to April 15, 1986 and not used shall be carried on the records of the department until such time as it is used by the employee. The employee shall be entitled to monetary compensation for any compensatory time accrued prior to April 15, 1986, subject to the preceding limitations and restrictions.
(e) The police chief, or a designated subordinate may, subject to the operational requirements of the department, require an employee to work on a holiday subject to the following:
(1) An employee who is scheduled to work on a holiday may be given a day off in the same workweek in lieu of the holiday or the employee shall receive half-pay in addition to regular pay for the hours actually worked on the holiday.
(2) An employee who is called to duty on a holiday by virtue of an operational emergency shall be paid time and one-half for the hours actually worked on such holiday in addition to regular pay for the holiday.
(3) Where an employee's regularly scheduled day off falls on a holiday, the employee shall, subject to the operational requirements of the department, be given a day off in lieu of the holiday.
(4) For purposes of scheduling a holiday where an employee is unable to take the holiday as specified in (e)(1) or (e)(3) above, a holiday shall have an hour value equal to the number of hours in the employee's regularly scheduled shift or workday. However, for purposes of computation of overtime, the holiday shall have a value of eight hours.
(5) When a council declared holiday occurs during any paid leave of absence (vacation, sick time, injury on duty, etc.) the holiday is considered observed and that day's absence shall not be charged against the paid leave.
(f) The police chief may prepare and issue administrative guidelines to implement the provisions of section 26(h) of article 1269m wherein police officers are authorized to voluntarily do the work of an injured or ill police officer. The police department shall maintain records of all such assumed duty and the pay of the sick or injured police officer shall be continued only for that time during which a volunteer actually works on the behalf of the sick or injured police officer. This subsection shall provide the sole mechanism by which police officers may substitute themselves in the performance of the duties of another police officer.
(g) Employees of the police department who are classified pursuant to chapter 143 of the Texas Local Government Code, shall be granted sick leave consistent with applicable provisions of state law and article III of chapter 14 of this Code.
(h) Employees of the police department classified pursuant to article 1269m of the Revised Civil Statutes of Texas, shall earn 15 days of vacation with pay per year to be accrued at a rate of 1¼ days per month. After 15 years of service employees shall be entitled to a vacation according to the following schedule:
16 years .....16 days
17 years .....17 days
18 years .....18 days
19 years .....19 days
20 years .....20 days
21 years .....21 days
22 years .....22 days
23 or more years .....22 days
Employees whose absences on authorized vacation leave are for periods other than a full working day as defined herein shall be assessed vacation leave in proportion to the number of full working days or fractions thereof they are absent.
(i) Prenatal wellness leave. Eligible employees of the police department who are classified pursuant to Chapter 143 of the Texas Local Government Code shall receive a maximum of 160 hours of paid prenatal leave for prenatal wellness healthcare appointments and other absences related to the pregnancy from the first date the leave is used in a 12-month period, regardless of whether more than one birth occurs within that 12-month period. Such leave shall be compensated at the employee's regular rate of pay plus any longevity or supplemental pays. Unused leave shall not be compensable and shall be forfeited (1) on the date the pregnancy ends; or (2) upon the date the employee separates from employment with the city. The human resources director shall promulgate internal rules and regulations regarding employee eligibility for and use of this leave.
(j) Paid parental leave. Eligible employees of the police department who are classified pursuant to Chapter 143 of the Texas Local Government Code shall receive a maximum 320 hours of paid parental leave to bond and care for a child after the birth or placement of a child with the employee for adoption or foster care as from the first date the leave is used in a 12-month period, regardless of whether more than one birth or placement of a child with the employee for adoption or foster care occurs within that 12-month period. Beginning September 1, 2023, eligible employees of the police department who are classified pursuant to Chapter 143 shall receive a maximum of 480 hours of paid parental leave per 12-month period described above. Any unused paid parental leave shall not be compensable and shall be forfeited (1) on the date after the child's first birthday; (2) on the date after one year since placement of a child with the employee for adoption or foster care; (3) when an employee separates from employment with the city; or (4) when the employee moves to a part-time or temporary position, whichever comes first. The human resources director shall promulgate internal rules and regulations regarding employee eligibility for and use of this leave.
(k) Infant wellness leave. Eligible employees of the police department who are classified pursuant to Chapter 143 of the Texas Local Government Code shall receive a maximum of 40 hours of infant wellness leave to seek medical care for their infants during the infant's first year after birth. An eligible employee shall not receive more than the maximum allotted amount of infant wellness leave, regardless of whether more than one birth or placement of a child with the employee for adoption or foster care occurs within that 12-month period. Any unused infant wellness leave shall not be compensable and shall be forfeited (1) after the infant's first birthday; or (2) upon the date the employee separates from employment with the city. The human resources director shall promulgate internal rules and regulations regarding employee eligibility for and use of this leave.
(Code 1968, § 34-19; Ord. No. 77-2411, § 2, 11-22-77; Ord. No. 86-490, § 1, 4-9-86; Ord. No. 96-1088, § 5, 10-23-96; Ord. No. 96-1290, §§ 23, 24, 12-4-96; Ord. No. 2022-267, § 3, 4-13-2022, eff. 5-14-2022)
Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH34POFIPR_ARTIIPODE_S34-35WOOVCOSILEVAFetched: 10/26/2026