Sick leave is accrued by an employee at the rate of twelve (12)
days per year on the first day of the employee's service anniversary month.
Newly hired employees will accrue the same amount on the date of hire and then
annually on the first day of their service anniversary month. The Commissioner
shall establish policy and procedures governing the use of sick leave.
(1) Use of Sick Leave. An Appointing
Authority may grant an eligible employee sick leave for any of the following
reasons:
(a) Personal illness;
(b) Disability due to accident;
(c) Exposure to a contagious
disease;
(d) Maternity or paternity
leave;
(e) Medical and dental
appointments;
(f) Illness or death
in the immediate family, or others who, at the discretion of the Appointing
Authority, have a relationship which merits similar consideration;
(g) Birth and care of an infant child;
and
(h)
Adoption.
(2)
Reinstatement of Accumulated Sick Leave. Employees who work on a full-time
continuous basis for one (1) full year or more, leave in good standing, and
return to work shall be credited with and may use paid sick leave accumulated
prior to separation immediately upon certification of the previous balance from
the appropriate agency. Persons hired from state higher education institutions
and persons who were teachers with local school boards in Tennessee are also
included under this provision.
(3)
Sick Leave Transferable. Unless there is a break in service, sick leave shall
be transferred to and shall be accepted from state agencies and higher
education institutions, legislative and judicial branches.
(4) Required Documentation. Any employee may
be required to present evidence to an Appointing Authority, the Commissioner,
or any other appropriate authority, to support the reason for any absence for
which sick leave was taken.
(5)
Doctor's Certification of Absence. Sick leave may not be denied to any employee
who furnishes a statement of a licensed physician or accredited Christian
Science practitioner in support of the reason for such absence. Additional
documentation may be required if there is substantial evidence of sick leave
abuse by the employee.
(6) Sick
Leave During Terminal Leave. Sick leave may not be used as terminal leave. An
employee presenting evidence of an illness during terminal leave may utilize
sick leave up to the original separation date.
Notes
Tenn. Comp. R. & Regs. 1120-06-.12
(For
history prior to January 2, 1988, see pages 1-2 of the Introduction at the
beginning of the chapters.) Repeal and new rule filed November 18, 1987;
effective January 2, 1988. Amendment filed August 25, 1994; effective December
29, 1994. Repeal and new rule filed December 14, 2010; effective May 31, 2011.
Repeal and new rule filed July 5, 2012; effective October 3, 2012. Amendments
filed January 18, 2023; effective April 18, 2023. Amendments filed July 11,
2024; effective 10/9/2024.
Authority: T.C.A. ยงยง
4-21-408,
8-50-801, 8-50-802, 8-50-803, 8-50-804, 8-50-806, and
8-50-807.
