§ 27A-13. Sick and injury leaves of absence.

All firemen and policemen in the classified service shall earn fifteen (15) working days sick leave with pay each twelve (12) months. Firemen and policemen shall be allowed to accumulate fifteen (15) working days of sick leave with pay in one (1) calendar year. Sick leave with pay may be accumulated without limit by said firemen and policemen. In the event a fireman or policeman for any reason leaves the classified service, he shall receive, in a lump sum payment, the full amount of his salary for the period of his accumulated sick leave, provided that such payment shall not be based upon more than ninety (90) working days of accumulated sick leave. The sick leave which a fireman or policeman has accumulated at the time this section becomes effective shall not be counted as accumulated sick leave when calculating sick leave for which a fireman or policeman may receive a lump sum payment.

Injury leaves of absence shall be provided firemen and policemen with full pay for periods of time commensurate with the nature of injuries received while in the line of duty for at least one (1) year.

In order to facilitate the settlement of the accounts of deceased employees of the fire or police departments, all unpaid compensation due such employee at the time of his death shall be paid to the person or persons surviving at the date of death, in the following order of precedence and such payments shall be a bar to recovery by any other person of amounts so paid:

(1)

To the beneficiary or beneficiaries designated by the employee in writing to receive such compensation filed with the civil service commission prior to the employee's death;

(2)

If there be no such beneficiary, to the widow or widower of such employee;

(3)

If there be no such beneficiary or surviving spouse, to the child or children of such employee, and descendants of deceased children, by representation;

(4)

If none of the above, to the parents of such employee, or the survivor of them; and

(5)

If there be none of the above, to the duly appointed legal representative of the estate of the deceased employee, or if there be none, to the person or persons determined to be entitled thereto under the laws of descent and distribution of the State of Texas.

(Ord. No. 2201, § 22, 10-28-71; Ord. No. 5411, § 4, 3-31-88)

State law reference

Accumulation and payment of sick leave, V.T.C.A., Local Government Code § 143.045.