Employee makes a request to make a withdrawal from the sick leave pool. Due to various factors, some in her control and some not, she runs out of "her" time two weeks before use of pool time is approved. Can the time be allocated retroactively, or is that retroactive compensation?

I just can't stand to hear crickets chirp that long, so ....

The most efficient answer I can give to your question is that the Attorney General seems to view a retroactive grant of sick pool time as "extra compensation" prohibited under art. 3, sec. 53 of the Constitution. See Op. Tex. Att'y Gen. Nos. DM-129 (1992), at 3-4 (if city employee exhausted sick leave and takes unpaid sick leave before city creates sick leave pool, employee could not draw on pool as means of reimbursement for past unpaid sick leave days; pool leave benefits could be granted prospectively); JM-1160 (1990), at 1-2 (since sick leave is considered form of compensation or allowance, there would be constitutional problem in county granting sick leave retroactively; commissioners court may set guidelines for additional sick leave for county employees to become effective prospectively).

Thanks, Scott -- I was leaning that direction and appreciate the wisdom from the West.

Raid works on crickets...