Tenn. Comp. R. & Regs. 1120-06-.25 - PAID LEAVE FOR EXCUSED ABSENCES

A full-time employee may be granted leave with pay for the following excused absences:

(1) State Assessment or State Job Interview. An agency may require written verification that the employee was at a state administered assessment or at a state job interview.
(2) Elections. Any person entitled to vote in an election held in this state shall be granted paid leave on the day of the election not to exceed three (3) hours in accordance with established procedures. If the work schedule of an employee begins three (3) or more hours after the opening of the polls or ends three (3) or more hours before closing of the polls of the county where the employee is registered to vote, paid leave shall not be granted. The Commissioner may specify the hours during which the employee may be absent. Application for such absence shall be made to the employee's Appointing Authority before twelve o'clock (12:00) noon of the day before the election.
(3) Voting Machine Technician. A voting machine technician appointed by the county election commission who performs such duties on a part-time basis and who is a full-time state employee shall be excused without pay from the employee's assigned duties for the day(s) required for the performance of the technician's duties. No employee being excused under this section shall be required to use annual or compensatory leave to perform the technician's duties. An employee may request compensatory or annual leave in lieu of time without pay.
(4) Blood Donation. Employees participating in a state-sponsored blood drive will be considered on duty during the time necessary to give blood, plus a reasonable length of time for recovery. Any time away from the job beyond that point, due to complications, must be charged as sick, compensatory, or annual leave.

Employees with rare or special blood types contacted by the American Red Cross and its counterparts in other areas of the state and asked to donate blood will be considered on duty during the time required.

Employees donating platelets through the Pheresis Program should be granted "administrative leave with pay" for the time required, working permitting. The difference in policy for Pheresis donors is necessary due to the frequency one may give platelets versus whole blood (every two (2) weeks versus every fifty-six (56) days).

(5) Employee Assistance Program (EAP). Employees are to be excused to receive up to ten (10) hours per year to attend EAP sponsored programs or counseling. While supervisors may maintain informal records of employees' attendance at EAP sponsored programs or counseling, no formal documentation should be maintained in the employee's personnel file.

EAP counseling sessions are considered confidential. For this reason, employees should be considered "on duty" during the time EAP programs or counseling occur, and this time coded as working time on the employee's attendance and leave record (up to ten (10) hours).

Should the employee be referred by an EAP counselor to other professional services for additional counseling or treatment, any further time off should be coded as compensatory, annual, or sick leave, as appropriate.

(6) Health Services. Administrative leave with pay may be granted for an employee to attend state-sponsored health promotion-related programs and activities or to receive medical treatment through the State Employee Health Center.

The employee must go directly to the health clinic or specified location and return immediately to work if he/she works in a county that is a reasonable distance from where the health services are being conducted. A maximum of four and one-half (4.5) hours of administrative leave with pay may be granted for an employee to receive health services.

(7) State Group Insurance Appeals. Employees may appeal state group insurance plan decisions when they feel benefits were not provided in accordance with the plan document. In addition to a review of the written record, employees may make a personal presentation as part of their appeal. Employees should contact the Benefits Administration's hotline or their agency's Benefits Coordinator.

If an employee chooses to appear in person and is successful in the appeal, it is appropriate to code the employee's timesheet as regular time worked.

(8) Appearance at Appeal Discussions & Hearings. The Step I Appeal Discussion is the first step of the disciplinary appeals process for preferred service employees and involves the participation of the affected employee. When an employee appears at a Step I Appeal Discussion, the employee's timesheet will be coded as regular time worked. If the employee fails to participate or appear for the scheduled Step I Appeal Discussion, without prior notice and absent extenuating circumstances, the employee's time will be coded as leave without pay.

The Board of Appeals (Step III Appeal) hearing serves as the final step of the appeals process for preferred service employees. When an employee appears at the Board of Appeals as a requirement of participation, the employee's timesheet will be coded as regular time worked.

(9) Discretionary. An Appointing Authority may grant discretionary leave with pay to an employee for a period of time not to exceed ten (10) working days when it is considered necessary for the welfare of the employee or the proper operation of the agency. The Commissioner shall approve any period of discretionary leave that exceeds ten (10) working days. The Appointing Authority shall submit such requests in writing directly to the Commissioner.

Notes

Tenn. Comp. R. & Regs. 1120-06-.25
(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 4/18/2023.

Authority: T.C.A. ยงยง 2-1-106, 2-9-103, 8-30-104, and 8-30-406.

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