Government Code § 661.9041

Sec. 661.9041. DIFFERENTIAL PAY. (a) The administrative head of a state agency shall grant sufficient emergency leave as differential pay to a state employee on unpaid military leave if the employee's military pay is less than the employee's state gross pay. The combination of emergency leave and military pay may not exceed the employee's actual state gross pay. (b) For purposes of Subsection (a), military pay does not include money the employee receives: (1) for service in a combat zone; (2) as hardship pay; or (3) for being separated from the employee's family. (c) The state auditor shall adopt guidelines to assist state agencies in determining the amount of emergency leave to grant to an employee under this section as differential pay. Added by Acts 2003, 78th Leg., ch. 175, Sec. 6, eff. Sept. 1, 2003. Amended by: Acts 2005, 79th Leg., Ch. 371 (S.B. 1345), Sec. 1, eff. June 17, 2005.