policies.tbr.edu

Policy Number:

5.01.01.08

Policy/Guideline Area:

Personnel Policies

Applicable Divisions:

TCATs, Community Colleges, System Office

Purpose:

It is the policy of the Tennessee Board of Regents to provide a period of up to four (4) months of parental leave to eligible employees for adoption, pregnancy, childbirth and nursing the infant, where applicable, in accordance with T.C.A. § 4-21-408. With regard to adoption, the four (4) month period shall begin at the time the employee receives custody of the child. For eligible employees, six (6) weeks of parental leave will be paid, beginning with the birth of the child or placement of a child for adoption.

Policy/Guideline:

Eligibility
1. Employees who have been employed by the State for at least twelve (12) consecutive months as full-time employees, as determined by the employer at the job site or location, are eligible for this leave.
2. Subsequent references within this policy to an employee shall assume eligibility of that individual.
Relevant Policies
1. Upon receipt of a written request for parental leave, the President/Chancellor or designee will process the request in accordance with the provisions of this policy and the employee’s eligibility for leave under TBR Policy 5.01.01.14 Family and Medical Leave. Reference may also need to be made to TBR Policies 5.01.01.07 Sick Leave, 5.01.01.03 Leave of Absence and 5.01.01.01 Annual Leave.
Notice; Employment Rights and Benefits; Reinstatement
1. Employees who give at least three (3) months advance notice to their employer of their anticipated date of departure for such leave, their length of leave, and their intention to return to full-time employment after leave, shall be restored to their previous or similar positions with the same status, pay, length of service credit and seniority, wherever applicable, as of the date of their leave.
2. Employees who are prevented from giving three (3) months advance notice because of a medical emergency which necessitates that leave begins earlier than originally anticipated shall not forfeit their rights and benefits under this policy solely because of their failure to give three (3) months advance notice.
3. Employees who are prevented from giving three (3) months advance notice because the notice of adoption was received less than three (3) months in advance shall not forfeit their rights and benefits under this policy solely because of their failure to give three (3) months advance notice.
4. Leave will be granted as paid or unpaid pursuant to the policies of the Tennessee Board of Regents.
  1. Such leave shall not affect the employees’ right to receive annual leave, sick leave, bonuses, advancement, seniority, length of service credit, benefits, plans or programs for which the employees were eligible at the date of their leave, and any other benefits or rights of their employment incident to the employees’ employment position.
  2. However, the employer need not provide for the cost of any benefits, plans or programs during the period of leave unless such employer so provides for all employees on leaves of absence.
5. If an employee’s job position is so unique that the employer cannot, after reasonable efforts, fill that position temporarily, then the employer shall not be liable for failure to reinstate the employee at the end of the parental leave period.
6. The purpose of this policy is to provide leave time to employees for adoption, pregnancy, childbirth and nursing the infant, where applicable.
  1. Therefore, if the employer finds that the employee has utilized the period of leave to actively pursue other employment opportunities or if the employer finds that the employee has worked part time or full time for another employer during the period of leave, the employer shall not be liable for failure to reinstate the employee at the end of such leave.
7. Whenever the employer shall determine that the employee will not be reinstated at the end of such leave because the employee’s position cannot be filled temporarily or because the employee has used such leave to pursue employment opportunities or to work for another employer, the employer shall so notify the employee.
Paid Parental Leave
1. An employee eligible for parental leave under this policy shall be granted six (6) workweeks of paid parental leave at full pay following the birth or the placement of a child for adoption. The institution shall not charge paid parental leave to sick, annual, or other leave the employee may have accumulated. The institution shall consider such leave to be full-time employment for purposes of calculating service anniversary dates.
2. Paid parental leave must be used within twelve (12) months of the birth or placement of a child for adoption.
3. Paid parental leave shall be continuous, i.e., in a single block of time, unless the institution, in its discretion, permits the employee to use paid parental leave intermittently.
4. Paid parental leave is part of, and not in addition to, the four (4) months of parental leave provided under this policy. Paid parental leave runs concurrently with FMLA and parental leave.
5. Paid parental leave is not applicable to placement of foster care children.
6. In order to receive paid parental leave, the eligible employee must provide thirty (30) days advance notice, unless the employee learns of the birth or adoption less than thirty (30) days in advance, in which case notice must be given as soon as reasonably possible.
7. An employee is not eligible for more than six (6) weeks of paid leave during a twelve (12) month period, even if there is more than one birth or adoption.
Use of Accrued Sick and Annual Leave and Compensatory Time
1. In addition to receiving six (6) weeks of paid parental leave, an eligible employee may use up to thirty (30) days of accrued sick leave following the birth of a child or placement for adoption, unless medical complications arise that fit ordinary rules regarding the use of sick leave.
2. In the event both parents are state employees, the aggregate amount of sick leave that may be used for adoption is limited to sixty (60) working days total for both parents following the placement for adoption. In the event of childbirth, each parent may take up to sixty (60) working days when both parents are state employees.
3. In order to be eligible to use sick leave as parental leave, a statement from the attending physician indicating the expected date of delivery must accompany the request for leave.
  1. Additional information from the attending physician may be required if there are complications and the period of absence must begin sooner than agreed, extend further than agreed, or require the use of sick leave beyond the period beginning with the period of hospitalization and extending for sixty (60) work days following the birth of a child or placement for adoption.
4. After the sixty (60) working days following the birth of a child or placement for adoption or, if extended, after employee’s physician determines that the employee should be released, thus ending the period of sick leave, the employee may use accrued annual leave or leave without pay for the remainder of the four-month parental leave.
5. Accrued annual leave and compensatory time may be used for the entire leave period following the six (6) weeks of paid leave.
Leave of Absence
1. When accrued annual and sick leave balances are depleted prior to the end of the four (4) month parental leave period, the employee will be placed in a leave of absence status. Refer to TBR Policy 5.01.01.03 Leave of Absence regarding continuation of insurance coverage for employees on unpaid leave of absence.
Family and Medical Leave
1. To be eligible for Family and Medical Leave (FML) which provides for up to twelve (12) work weeks of leave, an employee must have:
  1. Worked for the State at least 12 months; and,
  2. Worked a minimum of 1250 hours during the year preceding the start of the leave.
2. Employees who are eligible for FML will have parental leave processed in conjunction with the provisions of TBR Policy 5.01.01.14 Family and Medical Leave regarding election of paid/unpaid leave, continuation of insurance coverage, etc. Parental leave and FML periods shall run concurrently.
3. At the end of the FML period, an employee is also entitled to receive the difference between the four months granted under this policy and the 12 workweeks granted under FML. Accrued annual leave or leave of absence may be used for the remainder of the parental leave period.
4. During work weeks that an employee takes leave designated as FML, the employer is responsible for paying the employer’s portion of the employee’s insurance premium, whether the leave is paid or unpaid.
5. Employees who choose to take any unpaid leave over the amount to which they are entitled under FML should be made aware that they will be responsible for paying the employer’s portion of the insurance premium for the remainder of the leave period if they wish to ensure continued coverage.
6. The above Policy 5.01.01.08 Paternal Leave supersedes 5.01.01.02 Adoptive Parents Leave, 5.01.01.08 Maternity Leave, and 5.01.01.16 Paternity Leave.

Sources:

Authority

T.C.A. § 49-8-203; T.C.A. § 8-50-809
T.C.A. § 4-21-408

History

TBR Board Mtg. December 2, 2005; June 24, 2010; Revised at TBR Board Mtg September 19 & 20, 2019: Revised at TBR Board Mtg June 16, 2023 (effective July 1, 2023).

Policy Number:

5.01.01.07

Policy/Guideline Area:

Personnel Policies

Applicable Divisions:

TCATs, Community Colleges, System Office

Purpose:

It is the policy of the Tennessee Board of Regents to protect all regular full-time and part-time employees against loss of earnings due to illness, injury, or incapacity to work including illness or incapacity to work due to pregnancy, and to provide the time off to employees in the event of illness or death of certain family members.

Definitions:

The body of the policy defines terms.

Policy/Guideline:

Eligibility to Accrue Sick Leave
1. Regular full-time employees and academic personnel, regardless of probationary status, shall be eligible to accrue sick leave. All eligible employees (regular full-time and regular part-time) will accrue sick leave after working more than 50% of the month.
2. Regular part-time employees, including academic personnel scheduled to carry less than a full teaching load or its equivalent, regardless of probationary status, shall be eligible to accrue sick leave on a prorated basis equal to the percentage of their employment to full-time employment.
3. Temporary employees shall not be eligible to accrue sick leave. Temporary employees who are subsequently appointed as regular employees with no break in service between the temporary assignment and the regular position shall become eligible to accrue sick leave and shall receive sick leave balances accrued retroactively from the date of employment.
4. All full-time and part-time employees who are employed pursuant to funds available to the institution through grants or contracts are not eligible to accrue sick leave unless the grant or contract involved provides sufficient funds to cover the costs of such leave, or unless eligibility to accrue sick leave is approved by the president of the institution.
5. Student employees shall not be eligible to accrue sick leave.
Eligibility for and Rate of Accrual of Sick Leave
1. Regular full-time personnel and full-time academic personnel, whether employed on a twelve-month or nine-month service basis, shall accrue sick leave at the rate of 7.5 hours (1 day) for each month of actual service.
  1. A regular full-time employee working 37.5 hours per week earns 90 hours (12 days) of sick leave per year.
  2. An employee on a 40 hour per week schedule shall accrue 8 hours (1 day) for each month of actual service or 96 hours of sick leave per year.
2. Regular part-time personnel and part-time academic personnel, whether employed on a twelve-month or nine-month service basis shall accrue sick leave on a prorated basis equal to the percentage of their employment compared to full-time employment.
3. Accrued days of sick leave shall be cumulative for all days not used.
4. Eligible employees shall accrue sick leave from the date of employment. (See Section I, item C, providing for retroactive credit for temporary employees who subsequently become eligible to accrue sick leave.)
5. Eligible employees earn and accrue sick leave for each month upon completion of service for a major fraction thereof.
6. All modified fiscal year (MODFY) employees who are employed during the period which would normally be the non-duty period of their appointment shall accrue sick leave at the rate of 7.5 hours for each month of full-time employment. For part-time employment during that period, MODFY employees shall accrue sick leave on a prorated basis in accordance with item B of this section.
7. Notwithstanding any other provision herein which might be construed to the contrary, regular nine-month academic personnel shall accrue 67.5 hours (9 days) of sick leave for full-time employment for a full academic year and up to 22.5 hours (3 days) of sick leave for full-time employment throughout summer sessions based on hours worked during the summer.
8. Employees otherwise eligible to earn sick leave do not earn or accrue sick leave while on an unpaid leave of absence.
Special Disabled Veterans Sick Leave Accrual
1. In addition to any other leave accrued, any employee who accrues sick leave under this policy and self-identifies as a veteran with a service-connected disability of 30% or more will be granted an additional 36 hours of sick leave available each year. This special bank of sick leave (Special Disabled Veteran sick leave or “SDV sick leave”) is available for use for medical appointments related to the service-connected disability.
2. The additional SDV sick leave will be available from the first day of employment and replenish each fiscal year. It will not rollover from year to year. Each new fiscal year, any remaining SDV sick leave not used will be replaced with a new 36 hour bank of SDV sick leave.
3. There is no cash value for the SDV sick leave if the employee leaves employment. If the employee transfers to another TBR college, the remaining unused balance of SDV sick leave for that fiscal year will transfer. If the employee transfers to any other higher education institution or state agency, the new employer’s policy will be in effect.
4. If the veteran dies while employed, the unused SDV sick leave for that year will be paid out, as any remaining sick leave is paid. If the eligible veteran retires while employed with a TBR institution or system office any remaining unused special disabled leave will be reported and certified as part of the sick leave reporting for retirement purposed.
Use of Sick Leave
1. Sick leave and Family and Medical Leave (FMLA) shall run concurrently in accordance with the provisions of TBR Policy 5.01.01.14. (Note: Unless an employee is on a reduced or intermittent work schedule, periods of less than three days shall not be designated as FMLA leave.)
2. Sick leave is generally applicable to absences due to illness or injury to an employee, including illness or incapacity to work due to pregnancy, medical examinations and dental appointments. In addition, sick leave may be used for parental leave. Refer to TBR Policy 5.01.01.08.
3. Where an employee must be absent because of illness in the immediate family, sick leave may be granted by the appropriate approving authority.
  1. For purposes of this section, "immediate family" shall be deemed to include:
    1. spouse;
    2. child, step-child, foster child;
    3. parent, step-parent, foster parent and parent-in-law;
    4. sibling; and
    5. other members of the family who reside within the home of the employee.
4. Sick leave, if available, may be granted at the discretion of the appropriate approving authority in instances of death of a member of the family as follows:
  1. Immediate family member as defined in Policy No. 5.01.01.09 - Bereavement Leave, may be granted for a maximum of two (2) days after the three (3) day bereavement leave has been used for a maximum of five (5) consecutive or non-consecutive regularly scheduled work days.
  2. In instances of death of one of the following relatives, sick leave may be granted for a maximum of 22.5 hours (3 days):
    1. sons-in-law and daughters-in-law;
    2. brothers-in-law and sisters-in-law;
    3. foster brothers and foster sisters.
5. Abuse of sick leave by an employee will result in the withholding of payment of the sick leave and possible additional disciplinary action. Sick leave may not be taken until earned and available, and may not be advanced.
6. Sick leave may not be used by nine-month academic personnel for absences due to illness or injury during a summer or other inter-session unless the employee has been physically present and actually commenced employment for the term in question.
7. Upon prior approval of the Chancellor, an employee who is injured in the line of duty as a result of the commission of an assault upon them which disables the employee from performing their regular duties, may be retained on the regular payroll for a period not to exceed twenty-eight (28) calendar days without being required to use any accrued sick leave. The length of time for such retention on the payroll shall be based upon a written statement from the attending physician that the employee is unable to perform their regular duties.
8. Subject to the conditions outlined in Transfer of Sick Leave between Employees Policy 5.01.01.15, sick leave may be transferred to members of the institution/school's Sick Leave Bank(s).
Physician's Statement or Other Certification
1. An employee may be required to present evidence in the form of personal affidavits, physician's certificates, or other testimonials in support of the reason for sick leave upon request of their supervisor or an appropriate approving authority.
2. Sick leave may not be denied where an employee furnishes an acceptable statement from a licensed physician or accredited Christian Science practitioner or other healthcare provider, provided that the supervisor or approving authority may require additional documentation or statements from other physicians or accredited practitioners.
Return to Work
1. An employee may be required to present a written release to return to work, including any restrictions that may apply, from a licensed physician or other accredited practitioner prior to resuming employment.
2. An employee will be allowed to return to work if the release certifies that he/she is able to perform the essential functions of the position with or without a reasonable accommodation.
Exhaustion of Sick Leave
1. When the illness, injury, or disability of an employee continues beyond the period of accumulated sick leave, the employee shall use any accumulated annual leave for continued absence.
2. However, in cases of workers’ compensation, an employee may choose to be placed on an unpaid leave of absence and retain sick and/or annual leave.
3. When an employee has exhausted all accumulated sick and annual leave, they may be placed on leave of absence, if requested and found to be justifiable. (See TBR Policy No. 5.01.01.03.)
Separation of Employees with Accrued Sick Leave
1. Upon termination of employment, accumulated sick leave shall not be used as terminal leave, and the employee shall not be entitled to any lump sum payment for accumulated sick leave.
2. If an employee is transferring to another state agency, accumulated sick leave shall be transferred according to Leave Transfer between TBR Institutions and State Agencies. (See TBR Policy No. 5.01.01.06.)
3. If an employee leaves the System or any other state service in good standing after having worked on a full-time continuous basis for at least one (1) full year and thereafter returns to service with the System on a full-time basis, the employee shall immediately be credited with all sick leave to which they were entitled at the time of the previous termination.
  1. Certification of such entitlement must be received from the previous employer if other than the new employer;
  2. If the employee has had interim employment with the System or any other agency of the State of Tennessee of less than one (1) year, they shall not be disqualified from receiving credit for sick leave to which they are otherwise entitled.
4. Notwithstanding the above paragraph, if any state employee or teacher employed by a local school board in Tennessee leaves the employment of the state or of that board in good standing and becomes a full-time employee within six (6) months of the date of termination, the employee shall immediately be credited with all sick leave to which they were entitled at the time of the previous termination.
5. TCRS member employees who terminate due to retirement shall have all unused accumulated sick leave credited toward retirement. ORP member employees who terminate due to retirement shall have all unused accumulated sick leave credited toward retirement service for insurance purposes.
Death of Employees with Accrued Sick Leave
1. The estate or designated beneficiary of any employee, upon the employee's death, shall be paid for the employee's unused and accrued sick leave in the same manner as the estates of deceased employees are paid for annual leave.

Sources:

Authority

T.C.A. § 49-8-203

History

TBR Meetings, August 15, 1975; June 25, 1976; December 2, 1977; June 30, 1978; June 29, 1979; June 26, 1981; September 18, 1981; September 24, 1982; June 24, 1983; September 30, 1983; June 28,1985; June 26, 1987; December 4, 1987; September 16, 1988; March 17, 1989; June 30, 1989; December 15, 1995; March 29, 1996 (Finance and Administration approval November 13, 1996); September 20, 1996 (Finance and Administration approval December 4, 1996), June 25,1999 (Finance and Administration approval November 1999), October 24, 2001 (Finance and Administration approval December 18, 2001); September 25, 2009, June 28, 2012; September 26, 2014; June 17, 2022.

Note: The provisions of this policy adopted at the August 15, 1975 meeting, became effective on January 1, 1976, and changes in eligibility to earn leave or in the amount of leave earned for period of service were prospective only.

Policy Number:

5.01.01.06

Policy/Guideline Area:

Personnel Policies

Applicable Divisions:

TCATs, Community Colleges, System Office

Purpose:

The purpose of this policy is to establish the criteria and process regarding leave transfer between the State University and Community College System and State Agencies.

Policy/Guideline:

Leave Transfer
1. Any regular employee of any agency, office or department of the State of Tennessee or of any State college who leaves one of these employers for employment with another without a break in service shall have all annual and sick leave transferred.
2. Moreover, if an employee leaves the State University and Community College System institutions/Board of Regents System Office and is re-employed with a State agency prior to his/her termination date with the State University and Community College System, he/she shall have all unused annual leave transferred/reinstated to the employing agency and shall not be entitled to payment for annual leave beginning with the date of re-employment.
3. Any payment for annual leave upon the termination which is later found to have been in violation of this policy shall be repaid to the State University and Community College System institutions/System Office by the terminating employee.
4. When a former employee who has at least one (1) full year of State employment in good standing returns to full-time service with one of these employers, he/she shall be credited immediately with all sick leave to which he/she was entitled at the time of termination. The last employer shall be responsible for certifying eligibility for this sick leave credit to the re-employing agency, college or university.
5. If any teacher employed by a local school board in Tennessee leaves the employment of that board in good standing and becomes a full-time state employee within six months of the date of termination, upon certification of accrued and due sick leave by the previous employer, he/she shall be immediately credited with all sick leave to which he or she was entitled at the time of the previous termination.

Sources:

Authority

T.C.A. § 49-8-203

History

TBR Meetings: August 15, 1975; June 25, 1976; December 2, 1977; June 30, 1978; June 29, 1979; June 26, 1981; September 18, 1981; September 24, 1983; September 30, 1983; June 28, 1985; June 2, 1987; September 16, 1988; September 22, 1989.

The provisions of this policy adopted at the August 15, 1975 meeting, became effective on January 1, 1976, and changes in eligibility to earn leave or in the amount of leave earned for a period of service were prospective only.

Policy Number:

5.01.01.05

Policy/Guideline Area:

Personnel Policies

Applicable Divisions:

TCATs, Community Colleges, System Office

Purpose:

The purpose of this policy is to establish the criteria and process regarding civil leave for employees at the System Office and institutions governed by the Tennessee Board of Regents.

Policy/Guideline:

Civil Leave
1. Any employee, except for a temporary employee with a contract of less than six (6) months, shall be granted civil leave when, in obedience to a subpoena or direction by proper authority, the employee appears as witness for the Federal government, the State of Tennessee, or a political subdivision of the State, or when it is necessary to attend any court in connection with official duties or serve on a jury in any State or Federal Court.
2. In accordance with T.C.A. § 22-4-108, the employee shall be excused from returning to employment for any scheduled work day that such employee's responsibility for jury duty exceeds three (3) hours during the day for which an excuse is sought. Travel time is not to be included in determining whether or not an employee's actual jury duty service has exceeded three (3) hours.
3. Upon a juror’s request, which must be made prior to each day’s service, the person responsible for issuing fee and or compensation statements shall provide the juror’s employer a statement that shows the number of hours that the juror spent serving if service has been less than three (3) hours. Employees serving less than three hours on a scheduled work day shall return to work for the remainder of their work day.
4. If an employee summoned for jury duty is working a night shift or is working during hours preceding those in which court is normally held, such employee shall also be excused from his/her employment as provided by this section for the shift immediately preceding his/her first day of service on any lawsuit. After the first day of service, when such person's responsibility for jury duty exceeds three (3) hours during a day then such person shall be excused from his/her next scheduled work period occurring within twenty-four (24) hours of such day of jury service. Any question concerning the application of the provisions of this paragraph to a particular work shift or shifts shall be conclusively resolved by the trial judge of the court to which the employee has been summoned.
5. The employee shall retain all compensation or fees received as a witness or juror. The employee may be required to provide a statement from the court which includes dates and times of service and any compensation received.
6. The employee shall also receive his/her regular institutional compensation as follows: Payment for time served on civil leave and time spent traveling to and from court shall be made at the employee's regular rate of pay, except that such compensation shall not exceed the total of the employee's regularly scheduled daily pay. Travel expenses (mileage) and parking fees will not be paid by the institution//System Office.
7. Employees involved in personal litigation, or who serve as witnesses in private litigation, shall be charged with annual leave or leave without pay.

Sources:

Authority

T.C.A. § 49-8-203; T.C.A. § 22-4-108

History

TBR Meetings: August 15, 1975; June 25, 1976; December 2, 1977; June 30, 1978; June 29, 1979; June 26, 1981; September 18, 1981; September 24, 1982; June 24, 1983; September 30, 1983; June 28, 1985; June 2, 1987; September 16, 1988; March 19, 1993; December 5, 1997 (See Note below.);September 17, 1999 (Approved by Finance and Administration August 8, 2000); September 23, 2004 (Approved by Finance and Administration November 17, 2004)

The change permitting employees to receive their regular pay and retain all compensation received from the court was approved at the December 5, 1997 meeting and became effective January 10, 1998. This change was prospective only.

Policy Number:

5.01.01.04

Policy/Guideline Area:

Personnel Policies

Applicable Divisions:

TCATs, Community Colleges, System Office

Purpose:

The purpose of this policy is to establish the criteria and process regarding military leave for employees at the System Office and institutions governed by the Tennessee Board of Regents.

Definitions:

Military Duty – means
- training and service performed by an inductee, enlistee, or reservist or any entrant into a temporary component of the armed forces for the United States; and
- time spent in reporting for and returning from such training and service, or if a rejection occurs, from the place of reporting for such training and service.
Military Duty also includes active duty training as a reservist in the armed forces of the United States or as a member of the national guard of the United States when the call is for training only.
Qualified - means that the employee has the ability to perform the essential tasks of the position. The employee’s inability to perform one or more non-essential tasks of a position does not disqualify them.

Policy/Guideline:

Introduction
1. All employees who are members of any reserve component of the armed forces of the United States or of the Tennessee National Guard or the U.S. Air Force Auxiliary Civil Air Patrol shall be entitled to a leave of absence from their duties for all periods of military service during which they are engaged in the performance of duty or training in the service of this State, or of the United States, under competent orders as stipulated in U.S.C. Title 38, § 4311-4318 and T.C.A. § 8-33-101 through 8-33-109, T.C.A. § 58-1-106 and T.C.A. § 42-7-102.
2. An employee or applicant for employment, who performs, applies to perform, or has an obligation to serve in a uniformed service shall not, on that basis, be denied employment or reemployment or be discriminated or retaliated against for such service or application for service in any manner.
Military Leave with Pay
1. Each employee who is on military leave shall be paid their salary or compensation for a period, or periods, not exceeding twenty (20) working days in any one (1) calendar year.
2. Holidays and scheduled off duty days do not count toward the twenty (20) workdays allowed.
3. During the 20 day period the employee continues to earn regular pay, service credit, and applicable annual and/or sick leave accruals. All other rights and benefits continue to which the employee is otherwise entitled.
4. A regular employee who has exhausted the 20 days of paid leave in any one calendar year may elect to use accrued annual leave. In addition, a regular employee may use accrued sick leave if the employee provides proof to the president/chancellor or designee that they were sick while serving in the armed forces.
5. An employee on terminal leave is entitled to use his/her twenty (20) days of paid military leave with no loss of rights or benefits to which the employee is otherwise entitled.
6. Employees must furnish certification from competent military authority of the dates active duty was actually performed.
7. Longevity credit will not be affected.
8. Employees are entitled to additional paid leave if called to active duty pursuant to T.C.A. § 58-1-106
Military Leave with Partial Pay
1. Military Leave with Partial Pay shall be granted to all employees who are called to active duty by the President of the United States or under the authority of a Governor as members of the Reserve or National Guard as provided by applicable Tennessee Executive Orders.
2. Partial pay shall be the difference between the employee’s regular state salary and the employee’s fulltime military salary.
3. Affected employees shall remain state employees while on such active duty for the purpose of;
  1. Accruing sick leave;
  2. Accruing annual leave;
  3. Accruing longevity pay which shall continue to be paid to the employee annually; and
  4. Accruing retirement time.
    1. Earn-able compensation and retirement benefits shall be not increased or decreased by any partial payment made pursuant to this section.
    2. The period of absence while on military duty shall count toward the minimum twelve (12) months and 1,250 hours required that an employee work for eligibility for leave under the Family Medical Leave Act.
4. Current Executive Orders 4, 9, 12, 17, 20, 26 and 40 relating to Military Leave with Partial Pay can be found at: http://www.tn.gov/sos/pub/execorders/index.htm
Military Leave without Pay
1. Military leave without pay shall be granted to all employees for periods of active duty or training activity with the armed forces of the United States, its reserve components or the Tennessee National Guard for periods beyond the twenty (20) days of paid leave in a calendar year.
2. Military leave without pay shall be granted to employees voluntarily entering the regular components of the Armed Forces of the United States.
3. During a period of unpaid military leave, a regular employee retains all accumulated annual and/or sick leave.
4. Longevity credit will not be affected.
Reemployment Rights
1. With exceptions noted in the regulations, an employee may perform service in the uniformed services for a cumulative period of up to five (5) years and retain reemployment rights. (20 C.F.R. 1002.99 – 1002.103)
2. An employee leaving for military service must give their employer advance notice of the intent to leave the employment position for uniformed service, unless giving such notice is prevented by military necessity or is otherwise impossible or unreasonable under all the circumstances. The notice may be either verbal or written, may be informal, and does not need to follow any particular format. (20 C.F.R. 1002.85 – 1002.86)
3. An employee leaving for military service cannot be required to decide at that time whether they intend to return to that employer but may defer that decision until after completing the period of service. An employee who indicates intent not to seek reemployment following military service may change their mind and not forfeit reemployment rights. (20 C.F.R. 1002.88)
4. Reemployment must occur promptly, no later than within two weeks of the employee’s application for reemployment.
5. An employee on military leave of absence who is relieved or discharged from military duty under circumstances other than dishonorable shall be entitled to reemployment rights as follows:
  1. If the employee served less than 31 days, or was absent for a period of any length for the purpose of an examination to determine their fitness to perform service, the employee must report back to the employer not later than the beginning of the first full regularly-scheduled work period on the first full calendar day following the completion of the period of service, and the expiration of eight (8) hours after a period allowing for safe transportation from the place of that service to the employee’s residence.
    1. For example, if the employee completes a period of service and travel home, arriving at ten o’clock in the evening, they cannot be required to report to the employer until the beginning of the next full regularly-scheduled work period that begins at least eight hours after arriving home, i.e., no earlier than six o’clock the next morning.
    2. If it is impossible or unreasonable for the employee to report within such time period through no fault of their own, they must report to the employer as soon as possible after the expiration of the eight-hour period.
  2. If the employee served between 31 and 180 days and makes an oral or written request for reemployment no more than 14 days after completing service.
  3. If the employee served more than 180 days and makes an oral or written request for reemployment no more than 90 days after completing service.
    1. Source: Uniformed Services Employment and Reemployment Rights Act (USERRA) of 1994, amended 1/18/06 (20 C.F.R. 1102.115)
6. An injured employee must comply with the notification procedures determined by the length of service, after the time period required for the person’s recovery. The recovery period may not exceed two (2) years unless circumstances beyond the person’s control make notification within the two-year period impossible or unreasonable. (20 C.F.R. 1002.116)
7. An employee who fails to report or apply for reemployment within the timeframes described above does not automatically forfeit entitlement to reemployment, but will be subject to the System's policy regarding unauthorized absence from work.( 20 C.F.R. 1002.117)
8. The president/Chancellor or designee may request that employees applying for reemployment submit documentation to substantiate that:
  1. The employee's application is timely; and
  2. The employee's entitlement to reemployment has not been terminated due to dishonorable or bad conduct discharges;
  3. The employee has been fully discharged to return to employment.
9. If the employee fails to provide requested documentation;
  1. It shall not be a basis for denying reemployment if the documentation does not exist or is not readily available at the time requested by the employer;
  2. The employer may terminate the employee and any rights or benefits provided under this policy should documentation become available that establishes the employee does not meet one or more of the requirements in Section V.E. above.
Reemployment to Position
1. An employee who was released under conditions other than dishonorable shall be eligible for reemployment as follows:
  1. As a general rule, the employee is entitled to reemployment in the job position that they would have attained with reasonable certainty if not for the absence due to uniformed service. This position is known as the escalator position. (20 C.F.R. 1002.191)
  2. Once the escalator position is determined, other factors and elements may have to be considered to determine the appropriate reemployment position. This may include the employee’s length of service, qualifications, and disability, if any, as well as seniority, status, and rate of pay that the employee would ordinarily have attained in that position given their job history, including prospects for future earnings and advancement. (20 C.F.R. 1002.192-193)
  3. If an opportunity for promotion or eligibility for promotion requiring a skills test was missed, the employee will receive a reasonable amount of time to adjust to the employment position prior to the skills test being administered. (20 C.F.R. 1002.192-193)
  4. The USERRA does not prohibit lawful adverse job consequences that result from the employee’s restoration on the seniority ladder. (20 C.F.R. 1002.194)
  5. If the employee’s period of service was less than 91 days, the employee is re-employed in the escalator position. If the employee is not qualified for the escalator position, and after reasonable efforts by the employer, remains not qualified, the employee will be employed in the position they were employed on the date that the period of service began. If the employee is not qualified to perform either the escalator position or the pre-service position, after reasonable efforts by the employer, the employee will be re-employed in any other position that is the nearest approximation first to the escalator position, and then to the pre-service position. In all instances, the employee must be qualified to perform the duties of this position and the employer must make reasonable efforts to help the employee become qualified to perform the duties of the position (20 C.F.R. 1002.196)
  6. If the employee’s period of service was more than 91 days, the employee is re-employed in the escalator position, or a like position. If the employee is not qualified for the escalator position or the like position, and after reasonable efforts by the employer, remains not qualified, the employee will be employed in the position he or she was employed on the date that the period of service began, or a like position. If the employee is not qualified for any of the above referenced positions, the employee will be re-employed in any other position that is the nearest approximation first to the escalator position, and then to the pre-service position. In all instances, the employee must be qualified to perform the duties of this position and the employer must make reasonable efforts to help the employee become qualified to perform the duties of the position (20 C.F.R. 1002.197)
  7. Efforts required of the employer to help the employee become qualified for the reemployment position(s) must be reasonable.
    1. TBR is not required to reemploy an employee upon return from service if they cannot qualify for the appropriate reemployment position.
    2. If the employee cannot become qualified for the escalator position, the employee must be re-employed in a position of equivalent seniority, status and pay that the employee is qualified to perform or could reasonably become qualified to perform.
    3. If no such position exists, the employee must be placed in a job that is similar in terms of seniority, status and pay consistent with the employee’s circumstances.
    4. Whether a task is essential depends on several factors, and these factors include but are not limited to:
      1. The employer’s judgment as to which functions are essential;
      2. Written job descriptions developed before the hiring process begins;
      3. The amount of time on the job spent performing the function;
      4. The consequences of not requiring the individual to perform the function;
      5. The terms of a collective bargaining agreement;
      6. The work experience of past incumbents in the job; and/or
      7. The current work experience of incumbents in similar jobs.
    5. Only after the employer makes reasonable efforts, as defined in (20 C.F.R. 1002.5(i), may it determine that the employee is not qualified for the reemployment position. These reasonable efforts will be made at no cost to the employee. Source: 20 C.F.R. 1002.198
  8. Consideration of seniority in re-employment decisions is limited to situations involving re-employment following a period of documented military leave. Although provided for by the state military leave statute, “seniority” is not a factor in employment decisions unrelated to military leave, nor is seniority (apart from longevity) recognized under TBR system or institutional policy.
2. If two or more persons are entitled to reemployment in the same position and more than one of them has reported for reemployment, the person who left the position first shall have the right to the position. The remaining employee (or employees) is entitled to be re-employed in a position similar to that in which the employee would have been employed, according to the rules that normally determine a reemployment position, as set out above. (20 C.F.R. 1002.199)
Retention Rights
1. If the employee’s most recent period of service in the uniformed services was more than 30 days, they must not be discharged except for cause:
  1. For 180 days after the employee’s date of reemployment if the employees most recent period of uniformed service was more than 30 days, but less that 181 days; or
  2. For one (1) year after the date of reemployment if the employee’s most recent period of uniformed service was more than 180 days.(20 C.F.R. 1002.247)
Continuation of Benefits
1. A returning employee is entitled to the same rights and benefits they would have had if employment had been continuous.
  1. Insurance
    1. If elected, medical insurance coverage may be continued during a period of military service for the lesser of:
      1. 24 months following the beginning of the military leave;
      2. The period beginning on the date on which the employee’s absence begins until the day after the date on which the employee fails to report to work or apply for employment as determined in Section IV.A.; or,
      3. Unless state law or Executive Order provides for greater benefits.
    2. If coverage is continued, the employee will be required to pay premiums as follows: (a) 30 or less days of service - employee's portion of the premium only or (b) more than 30 days of service– up to 102%. This includes the employee's and employer's portion of the premium, and 2% for administrative costs. (20 C.F.R. 1002.166)
    3. If the employee elects to discontinue insurance coverage, a waiting period may not be imposed for reinstatement of coverage upon reemployment if a waiting period would not have been imposed had coverage not been terminated.
    4. SERRA allows a health plan to impose an exclusion or waiting period for illnesses or injuries determined by the Secretary of Veterans Affairs to have been incurred in, or aggravated during the performance of military duty. (20 C.F.R. 1002.168)
    5. Continuation of other State insurance plans will be determined by the State Division of Insurance Administration. Continuation of System plans will be in accordance with the provisions of the plan(s).
  2. Retirement
    1. For retirement purposes, a returning employee is considered as not having a break in service, except as noted in Section IV.B.
    2. Following an employee's return to work, the institution/system office will make retirement contributions which would have been made if employment had been continuous, not to exceed five (5) years.
    3. Contributions shall be made at the rate that would have been made if employment had been continuous.
  3. Rate of Pay
    1. If the employee is re-employed in the escalator position, the employee must be compensated at the rate of pay associated with the escalator position by taking into account any pay increases, differentials, step increases, merit increases or periodic increases that the employee would have attained with reasonable certainty had they remained continuously employed during the period of service.
    2. Any pay adjustments must be made effective as of the date it would have occurred had the employee’s employment not been interrupted by uniformed service. (20 C.F.R. 1002.236)
  4. Longevity
    1. During a period of military leave, a regular employee continues to earn service credit for longevity pay.
    2. Upon reemployment, and in accordance with the employer's payroll procedures, the employee will receive all longevity pay that would have been paid if employment had been continuous. (Refer to Longevity Guideline P-120.)
    3. Pursuant to the current Executive Order, payments must continue to be made annually.
  5. Leave Accrual
    1. A returning employee will begin to accrue leave at the rate(s) that would have been in effect if employment had been continuous.

Sources:

Authority

T.C.A. § 49-8-203; All Federal and State statutes, codes, acts, rules and regulations referenced in this policy.

History

TBR Board Meetings: August 15, 1975; June 25, 1976; December 2, 1977; June 30, 1978; June 29, 1979; June 26, 1981; September 18, 1981; September 24, 1982; June 24, 1983; September 30, 1983; June 28, 1985; June 26, 1987; June 21, 1996 (Finance and Administration approval November 18, 1996);March 15, 2002 (Finance and Administration approval April 11, 2002); September 29, 2006; March 28, 2008; Revised December 11, 2014.

Policy Number:

5.01.01.03

Policy/Guideline Area:

Personnel Policies

Applicable Divisions:

TCATs, Community Colleges, System Office

Purpose:

The purpose of this policy is to establish the criteria and process regarding leaves of absence for employees at the System Office and institutions governed by the Tennessee Board of Regents.

Policy/Guideline:

Introduction
1. It is the policy of the Tennessee Board of Regents to provide approved, unpaid time off to regular employees due to reasons of illness or injury, or disability of an employee who has insufficient accumulated annual and/or sick leave, leave for educational purposes and leave for justifiable personal reasons. [Refer to 5.01.01.08 for maternity leave policy.]
Leave of Absence
1. Leave of absence as referred to in this policy shall include any period of administrative leave with pay up to a maximum of 90 days, pending an institutional review or investigation or leave in a non‑pay status or athletic competition leave as defined below.
2. Administrative leave with pay must be approved by the President following review by the Office of Human Resources.
3. Leave of absence shall be granted for any period (which may exceed one (1) year) when an employee transfers to another TBR institution or to the Board's system office and requests to be placed on leave of absence.
4. Leave of absence without pay, not to exceed one (1) year, may be granted for justifiable absences wherein it is not desirable to terminate the employee.
5. Factors to be considered in determining whether it is desirable to not terminate the employee and to approve leave of absence without pay include whether;
  1. There are extraordinary circumstances present that justify keeping a position open or vacant and preserving it for that employee;
  2. It is, objectively and from a business standpoint, in the institution’s best interest to retain the employee because of demonstrated contributions to the department; and
  3. The employee performs a unique service or has unique qualifications that are required for the position.
6. Such leave must be approved by the president/Chancellor or designee, and any additional leave must be approved by the Chancellor upon the recommendation of the President.
7. Employees who request an unpaid leave of absence due to a Family and Medical Leave Act (FMLA) qualifying event shall have their leaves processed in accordance with the provisions of Family and Medical Leave Policy 5.01.01.14 regarding eligibility, continuation of insurance coverage, maximum leave period for parents who are both State employees, etc.
8. If an employee is not eligible for FMLA leave or the period of the leave exceeds the FMLA maximum, the remaining balance of the leave shall be processed in accordance with the provisions of this policy.
9. In addition, an employee who is on an unpaid leave of absence which does not qualify as FMLA leave shall be responsible for paying both the employee and employer portion of insurance premiums.
10. While on leave of absence for educational purposes or other justifiable personal reasons other than non-qualifying FMLA leave, illness, injury, or disability, an employee retains accumulated annual and sick leave, but does not earn or accrue additional annual or sick leave. In addition, an employee on leave of absence is not entitled to compensation for official holidays occurring within the leave period.
  1. An employee who has qualified for Workers' Compensation may retain accumulated annual and sick leave.
11. In addition to the previously defined leave of absence policy, pursuant to T.C.A. § 8-50-1102, public employees who qualify as members of a United States team for athletic competition, on the world, Pan-American or Olympic level in a sport contest in either Pan-American or Olympic competitions are eligible to request a leave of absence with or without pay for the purpose of preparing for and engaging in the competitions just described.
  1. Team is defined as meaning any group leader, coach, official, or athlete who comprises the official delegation of the United States to World, Pan-American, or Olympic competition.
  2. In no event shall the total of all such leave exceed the period of the official training camp and competition combined plus a reasonable amount of travel or 90 calendar days a year whichever is less.
  3. The granting of leave under this section shall be discretionary with the public employer.
  4. In order to qualify for athletic competition leave, a public employee must:
    1. Be actively working for the public employer from whom the leave is requested at the time the request is made;
    2. Request such leave of absence a reasonable period prior to the date the public employee wishes the leave to commence;
    3. At the time of the request, the employee shall provide the employer with the actual or anticipated dates of the competition, the dates of the official training camp and specify the total number of leave days that will be necessary in order for the public employee to participate;
    4. The public employee must provide satisfactory evidence of qualification and selection for participation.
12. An employee of a TBR institution who is a member of the United States Air Force Auxiliary Civil Air Patrol who participates in a training program for the civil air patrol, or in emergency and disaster services, shall be entitled to a leave of absence with pay for a period of not more than fifteen (15) days during a calendar year for such purposes if the leave of absence is at the request of the employee’s wing commander or the wing commander’s designated representative.
  1. Any leave of absence pursuant to this section shall be in addition to any other leave of the employee.
  2. All other rights and benefits of the employee, including seniority rights, insurance benefits, health insurance benefits, creditable service and all other such rights and benefits, shall continue.
  3. The employee may be granted leave pursuant to the provisions of this Act with or without pay subject to the complete discretion of the employer.
  4. If leave of absence under this Chapter is granted with pay, the employee retains accumulated annual and sick leave and continues to earn or accrue additional annual and sick leave.
  5. The employee is also entitled to compensation for official holidays occurring within the leave period.
  6. If the leave is granted without pay, an employee retains accumulated annual and sick leave, but does not earn or accrue additional annual or sick leave.
  7. The employee on leave of absence without pay is not entitled to compensation for official holidays occurring within the leave period.
  8. The president of the institution must approve the request.

Sources:

Authority

T.C.A. § 49-8-203; T.C.A. § 8-50-1102

History

Policy Number:

5.01.01.01

Policy/Guideline Area:

Personnel Policies

Applicable Divisions:

TCATs, Community Colleges, System Office

Purpose:

The purpose of this policy is to establish the criteria and process regarding accrual of annual leave for employees at the System Office and institutions governed by the Tennessee Board of Regents.

Policy/Guideline:

Introduction
1. It is the policy of the Tennessee Board of Regents to provide all regular full-time and part-time employees with regular periods of rest and relaxation away from the work environment and to recognize length of service.
  1. The appropriate approving authority may require key administrative personnel to take a certain number of consecutive days of annual leave each year.
2. All personnel entitled to accrue annual leave may request use of annual leave at any time preferred by application to their proper approving authority.
  1. Such requests are subject to the discretion of the approving authority, which is responsible for planning the work under their control, and should be approved only at such times as the employee can best be spared.
  2. In addition, annual leave may be used to remain in an active pay status by an employee who has exhausted all sick leave and whose continued absence has been approved in accordance with Sick Leave Policy 5.01.01.07 and/or Family and Medical Leave Act Policy 5.01.01.14.
  3. However, annual leave may not be used intermittently with leave without pay during a continuous FMLA leave period.
Eligibility to Accrue Annual Leave
1. Regular full-time employees (excluding nine, ten and eleven-month faculty) regardless of probationary status, shall be eligible to accrue annual leave.
2. Regular part-time employees, including twelve month academic personnel (excluding nine, ten and eleven-month faculty) scheduled to carry less than a full teaching load or its equivalent, regardless of probationary status, shall be eligible to accrue annual leave on a prorated basis equal to the percentage of their employment to full-time employment.
3. Nine, ten and eleven month academic personnel, full or part-time, whether or not compensated over a twelve-month period, shall not be eligible to accrue annual leave.
4. Temporary employees shall not be eligible to accrue annual leave.
  1. Temporary employees who are subsequently appointed as regular employees with no break in service shall become eligible to accrue annual leave and shall receive annual leave balances accrued retroactively from the date of employment.
  2. Temporary clerical and support personnel who subsequently become eligible to accrue annual leave shall also receive retroactive credit for service from the date of employment for the purpose of calculating annual leave accrual rates.
5. All full-time and part-time employees who are employed pursuant to funds available to the institution through grants or contracts are not eligible to accrue annual leave unless the grant or contract involved provides sufficient funds to cover the costs of such leave, or unless eligibility to accrue annual leave is approved by the president of the institution.
6. Student employees shall not be eligible to accrue annual leave.

Annual Leave Accrual

Regular full-time clerical and support personnel (non- exempt) shall accrue annual leave in accordance with the following schedule:

Years of Service	*Accrual Rate Per Month	*Maximum Annual Accumulation	*Maximum Total Accumulation Within FY	*Maximum Accumulation Carried Forward to Next FY
0 – 5	7.5	90.0	315.0	225.0
5 – 10	11.3	135.6	405.6	270.0
10 – 20	13.2	158.4	450.9	292.5
20 or more	15.0	180.0	495.0	315.0

*Number of hours

Executive, administrative and professional personnel (exempt), and twelve month academic personnel (faculty) who are regular full-time employees, who are exempt from the provisions of the Federal Wage and Hour Law, shall accrue annual leave at the rate of 15 hours per month, with the maximum accumulation of 315 hours to be carried forward to the next fiscal year.
All regular part-time personnel employed on a twelve-month basis and regular part-time personnel on MODFY (modified fiscal year) appointments shall accrue leave on a prorated basis equal to the percentage of their employment compared to full-time employment, with said percentage to be applied to the rate of accrual and maximum accumulation described in items A and B of this section, as applicable.
Eligible employees shall accrue annual leave from the date of employment. (See Section II.D, providing for retroactive credit for temporary employees who subsequently become eligible to accrue annual leave.)
Eligible employees earn and accrue annual leave for each month upon completion of a major fraction thereof (i.e., more than fifty percent (50%) of the number of days in the month), and leave may be used when earned, regardless of an employee's probationary status, subject to the discretion of the approving authority.
1. Annual leave may not be taken before it is earned.
Employees otherwise eligible to earn annual leave do not earn or accrue annual leave while on leaves of absence.
When an employee who is eligible to accrue annual leave transfers into a nine-month academic position (thus becoming ineligible to accrue annual leave), the employee shall take all accrued annual leave prior to the date of transfer unless the appropriate approving authority determines that the services of the employee must continue until the date of transfer. In that event, the employee shall be paid for all accrued annual leave by a lump sum payment at the time of transfer.
MODFY employees who are employed during the period which would normally be the non-duty period of their appointment shall accrue annual leave in accordance with items A and B of this section for each month of full-time employment. For part-time employment during that period, MODFY employees shall accrue annual leave on a prorated basis in accordance with item C of this section.
Years of Service for Determining Accrual Rate
1. Anniversary date for computation of leave shall be the beginning date of employment for each employee, except when adjustments in the date must be made because of periods of non-accrual, i.e., leaves of absence, temporary breaks in employment, etc. The rate of accrual for employees will be effective the month following the anniversary date. Annual leave shall be accounted for and controlled for maximum accumulation purposes on a fiscal year basis.
2. In determining the amount of full-time or prorated part-time service accrued by an employee, all service accumulated while employed in any agency, office, or department of the State of Tennessee, or in any state college, university, or college of applied technology shall be credited for purposes of leave computation. In addition, any employee who was employed by a public school system as defined in T.C.A. § 49-1-103 and who becomes an employee eligible to accrue leave in this System shall receive credit for service with said public school system for leave accrual purposes after employment in this System for one continuous year. In order to be eligible to receive credit for the prior service the employee must begin employment in this System within two (2) years from the date of termination with the public school system.
Maximum Accumulation
1. The accumulation of annual leave shall not exceed the maximum accumulation indicated in items III.A and III.B of this section, or the proration thereof under item III.C. Annual leave in excess of the maximum may be used during the year in which the excess accrues; in the event it is not so used, it will be transferred to the employee's accumulated sick leave at the close of the fiscal year, unless the employee is on terminal leave, in which case the full amount of accrued annual leave shall be carried forward.

Disposition of Accrued Annual Leave Upon Termination
1. Except as otherwise provided and subject to the limitations stated in this section, upon termination of employment with the Board of Regents or one of its institutions, an employee shall be paid for all accrued but unused annual leave as of their last working day.
  1. Payment shall be by lump sum payment upon separation for reasons other than Retirement.
  2. Upon Retirement payment shall be, at the option of the employee, either by terminal leave or by lump sum payment.
  3. Whether payment is by terminal leave or lump sum payment, and whether termination is voluntary or involuntary, the discretion to determine the employee's last working day is reserved to the appropriate appointing authority.
  4. Of course, the employee retains the right to make their last working day a date prior to the date established by the appointing authority.
  5. In either option, payment should be made with the employee's normal payroll cycle.
2. Terminal Leave
  1. Terminal leave is that period during which an employee remains on the payroll beyond their last working day until all accrued annual leave has been exhausted.
  2. If a retiring employee elects to be paid for accrued but unused annual leave by terminal leave, the date on which their annual leave is exhausted shall be the official date of retirement.
  3. During a period of terminal leave, an employee shall not earn additional annual or sick leave, shall not be eligible to use sick leave, and shall not be eligible for any salary increase.
    1. However, an employee shall receive credit for any official holiday occurring during a period of terminal leave and shall receive the longevity bonus if the anniversary date occurs during the period of terminal leave.
  4. During a period of terminal leave, an employee shall continue to be eligible for group health insurance coverage. Premiums for the coverage shall be deducted from terminal leave payments if continued coverage is elected.
3. If a terminating employee elects to be paid for accrued but unused annual leave by lump sum payment, the employee's last working day shall be the official date of termination.
4. Payment for accrued annual leave under this section shall not be limited to the maximum accumulation amount which may be carried forward from one fiscal year to the next if the last working day occurs prior to July 1 (even if the terminal leave period extends beyond July 1).
5. In the case of death, payment for an employee's unused accrued annual leave shall be made to the employee's estate or designated beneficiary.
6. An employee who transfers to another System institution or another state agency shall not be paid for accrued but unused annual leave. Rather, all unused annual leave shall be transferred to the other institution or state agency. (In accordance with Policy No. 5.01.01.06.)
7. An employee who is dismissed for gross misconduct, or who resigns or retires to avoid dismissal for gross misconduct shall not be entitled to any compensation for accrued but unused annual leave at the time of dismissal. (For the definition of gross misconduct, refer to Policy 5.01.00.00.)

Sources:

Authority

T.C.A. §§ 49-8-203; 49-1-103; FMLA; Federal Wage and Hour Law

History

TBR Board Meeting: August 15, 1975, June 25, 1976; December 2, 1977; June 30, 1978; June 29, 1979; June 26, 1981; September 18, 1981; September 24, 1982; June 24, 1983; September 30, 1983; June 28, 1985; June 26, 1987; December 4, 1987; September 16, 1988; March 17, 1989; March 16, 1990; June 25, 1993; April 2, 2004 (Approved by Finance and Administration, April 23, 2004); December 7, 2007 (Approved by Finance and Administration, January 23, 2008)

Policy Number:

5.01.01.00

Policy/Guideline Area:

Personnel Policies

Applicable Divisions:

TCATs, Community Colleges, System Office

Purpose:

The purpose of this policy is to establish the criteria and process regarding employment classification for employees at the System Office and institutions governed by the Tennessee Board of Regents.

Definitions:

Academic Personnel (Exempt) - All faculty members who hold academic rank, and who are directly engaged in instruction, departmental research or public service. Academic personnel may be employed either on a nine, ten, eleven or twelve-month service basis (academic year), compensated over a twelve-month period, hereinafter described as academic personnel, or on a twelve- month service basis (fiscal year), compensated over a twelve-month period, hereinafter referred to as twelve-month academic personnel.
Executive & Administrative (Exempt) - All personnel other than personnel primarily employed in instruction, research or public service who primarily have executive and administrative responsibilities, and whose positions require recognized professional achievement acquired by formal training or equivalent experience. This classification includes non-academic personnel who are exempt from the provisions of the Federal Wage and Hour Law.
Professional Non-Faculty (Exempt) - All personnel other than personnel primarily employed in instruction, research or public service who primarily have professional responsibilities, and whose positions require recognized professional achievement acquired by formal training or equivalent experience. This classification includes non-academic personnel who are exempt from the provisions of the Federal Wage and Hour Law.
Adjunct faculty – All faculty whose temporary appointments are based on demand each semester.
Clerical, Support, Technical, Maintenance, and Operations Personnel (Non-exempt) - All personnel other than executive, professional, academic, administrative, or student workers.
Student Workers - All personnel whose primary purpose for being at the institution is to be enrolled in an academic program of the institution. Student workers are temporary.
Graduate Assistants/Graduate Instructors – Appointments subject to TBR policy 5.02.05.00 where the specific terms may be academic year semesters, fiscal year or based on a percentage. They may be part-time or full-time temporary appointments.

Policy/Guideline:

Employment Designations
1. Each employee is assigned one of the following designations:
  1. Regular Full-Time Employees - All personnel (executive, administrative and professional, academic, and clerical, support, technical, maintenance and operations) who are employed on a continuing basis, expected to exceed one year, and who have a regular work week of 37.5 hours or who are scheduled to carry a full teaching load or its equivalent. Regular full-time employees include full-time MODFY (modified fiscal year) employees. Regular full-time employees are eligible for benefits.
  2. Regular Part-Time Employees - All personnel (executive, administrative and professional, academic, and clerical, support, technical, maintenance and operations) who are employed on a continuing basis, expected to exceed one year and who have a regular work week of less than 37.5 hours or who are scheduled to carry less than a full teaching load or its equivalent. Regular part-time employees include part-time MODFY (modified fiscal year) employees. Regular part-time employees are eligible for prorated benefits.
  3. Temporary Employees - All personnel whose initial period of appointment or expected service is less than one year. This definition should not be confused with employees who are designated as probationary employees, who may be regular full-time or part-time employees, and who are entitled to all leave benefits of such employees. If temporary assignments are recurring, then the campus must make a decision to create and fund a regular position.
    1. “Temporary employees” are ineligible for benefits. (Refer to 5.02.07.10 and 5.02.07.00 for the temporary appointment type for faculty – this type may be eligible for benefits).
    2. However, limited term appointments may be designated as positions eligible for benefits when budgeted.
    3. As a temporary employee, you are not eligible for employment benefits (retirement, state insurance, annual and sick leave, and holiday pay or longevity credit).
  4. MODFY (modified fiscal year) Employees - All regular, full and part-time personnel whose service period is at least nine months, but less than twelve months. The actual length and work schedule can vary at the discretion of the institutional president.
Breaks in Service
1. An employee who has worked as a temporary for the maximum time of one calendar year must be completely separated and off the payroll for fourteen calendar days before becoming eligible for re-employment in a temporary position.
  1. After one year of employment as a temporary employee, the campus should consider adding a position with benefits if the assignment is needed on a regular basis.
  2. The process for filling the position will follow TBR Guideline P-010, Personnel Transactions and Recommended Forms.
Staffing Agency
1. Temporary employees contracted through a temporary staffing agency are not TBR employees.
Guideline Development
1. Each institution shall develop appropriate guidelines for employing persons within the institution.
2. Consistent with the definitions included within this policy, appropriate employee designations and percent of employment shall be determined through campus review of the length of the assignment and the continued need for services.

Sources:

Authority

49-8-203

History

Policy Number:

5.01.00.20

Policy/Guideline Area:

Personnel Policies

Applicable Divisions:

TCATs, Community Colleges, System Office

Purpose:

The purpose of this policy is to establish the criteria and process regarding unemployment compensation for employees at the System Office and institutions governed by the Tennessee Board of Regents.

Policy/Guideline:

Unemployment Compensation Contributions
1. The Tennessee Board of Regents hereby adopts the following policy on unemployment compensation contributions. The Board and the institutions governed by the Board shall be subject to the following:
  1. All institutions shall continue and maintain their elections to make payments for unemployment compensation benefits on a reimbursement basis in lieu of contributions pursuant to T.C.A. § 50-7-405; provided that any institution which can demonstrate a cost savings would result from contributions may terminate such election with the approval of the Chancellor.
  2. Each institution shall to the extent required by law, participate under the Tennessee Employment Security law as a single entity, and shall be responsible for its liabilities arising under the law.
    1. Reimbursement payments for unemployment compensation benefits should be paid to the Department of Employment Security within thirty (30) days of receipt of a valid bill for such benefits.
  3. Each institution shall be responsible for the prompt appeal of claims by persons who are ineligible or disqualified for benefits, and of incorrect and improper assessments.

Sources:

Authority

T.C.A. §§ 49-8-203; 50-7-405

History

TBR Meetings, December 8, 1978; September 30, 1983

Note: This policy was formerly numbered 4.03.05.00. It has been renumbered to be included in the Personnel Section of the Policy Manual, 11/90.

Policy Number:

5.01.00.10

Policy/Guideline Area:

Personnel Policies

Applicable Divisions:

TCATs, Community Colleges, System Office

Purpose:

The purpose of this policy is to establish the criteria and process regarding personnel records at the System Office and institutions governed by the Tennessee Board of Regents.

Definitions:

Public record(s) or state record(s) - means all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material regardless of physical form or characteristics made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency.(T.C.A. § 10-7-301(b))

Policy/Guideline:

Personnel Records
1. The following policy of the Tennessee Board of Regents on personnel records shall apply to all employees of the institutions governed by the Board.
2. Under the provisions of T.C.A. § 10-7-503, personnel records are considered public records and may be inspected, extracted, or copied by any citizen of Tennessee during normal business hours, in accordance with reasonable rules of the office having custody of such records.
3. However, T.C.A. § 10-7-504(f)(1) treats as confidential the following information:
  1. Home telephone and personal cell phone numbers;
  2. Bank account information;
  3. Social security number;
  4. Driver license information except where driving or operating a vehicle is part of the employee's job description or job duties or incidental to the performance of their job;
  5. Residential information, including the street address, city, state, and zip code for any state employee; and
  6. The same information of immediate family members or household members.
    1. This information must be redacted wherever possible, but access to otherwise public information shall not be limited or denied because a record contains confidential information.
    2. Further, this information is available to law enforcement agencies, courts, or other governmental agencies performing official functions.
4. T.C.A. § 10-7-504(a)(26) treats as confidential the following information:
  1. Job performance evaluations, including but not limited to, job performance evaluations completed by supervisors, communications concerning job performance evaluations, self-evaluations of job performance prepared by employees, job performance evaluation scores, drafts, notes, memoranda, an all other records relating to job performance evaluations.
  2. This does not include evaluations completed by students or other such informal surveys.
5. Each institution shall designate the official custodian of permanent personnel records, provided that more than one official custodian may be designated for different classifications of employee records.
  1. The official custodian of permanent personnel records shall be responsible for maintaining the permanent personnel files.
  2. The authority of the official custodian may be delegated to such assistants as are provided by the institution .
6. Each institution shall develop a procedure to assure that employees are informed about records maintained about them and to permit them, upon request, to review the material.
  1. Pursuant to T.C.A. § 8-50-108, a state employee may inspect their own personnel file at any reasonable time.
  2. The employee may request copies of any material contained in such file, which copies shall be furnished to the employee upon payment of the cost of such reproduction.
7. A procedure shall also be developed by each institution to monitor the release of information contained in personnel files in a manner consistent with individual rights to privacy and institutional and external needs for information.
8. Nothing in this policy shall require the maintenance of any record for any period of time in excess of any retention period established by the institution, the Board, or State or Federal law.

Sources:

Authority

T.C.A. §§ 10-7-301;10-7-503; 10-7-504; 8-50-108; 49-8-203

History

TBR Meetings: June 25, 1976; March 4, 1977; June 26, 1981; September 18, 1981; September 30, 1983; September 16, 1988; March 15, 2002; September 25, 2008; June 19, 2015 to reflect statute revisions to personnel evaluations.

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