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David R. Smith, M.D. - Page 3
We also believe that subdivision (c) gives agency heads the authority to make exceptions to the 12-month limit for employees who are on unpaid leave to recover from work-related injuries. By using the phrase "for such reasons as," the legislature indicated that the listings following this phrase were not exclusive. We believe that this language gives agency heads the authority to extend unpaid leaves beyond 12 months when doing so will advance the agency's interests. S U MMAR Y A state agency is not required to terminate an employee simply because that employee has been on unpaid leave in connection with a work-related injury for more than 12 months. The General Appro- priations Act does not conflict with the Workers' Compensation Act. Rather, the appropriations act excepts employees on leave for work- related injuries from the 12-month limit. In addition, we believe the appropriations act permits agency heads to grant exceptions to the 12-month limit for employees on unpaid leave in connection with work-related injuries. Very truly your DAN MORALES Attorney General of Texas WILL PRYOR First Assistant Attorney General MARY KELLER Deputy Attorney General for Litigation RENEA HICKS State Solicitor MADELEINE B. JOHNSON Chair, Opinion Committee Prepared by Margaret A. Roll Assistant Attorney General