Appendix_7.2%20RFP_31786-00186%20State%20of%20TN%20Attendance%20and%20Leave%20Manual.pdf

STATE OF TENNESSEE

ATTENDANCE & LEAVE MANUAL

March 2025

Attendance and Leave Manual Introduction and Table of Contents

Introduction

The State of Tennessee Attendance and Leave Manual is a collection of policies established by the Tennessee Department of Human Resources (DOHR). Pursuant to Tennessee Law, the DOHR Commissioner “shall direct and supervise all administrative and technical human resources activities of state service.” See Tenn. Code Ann. § 8-30-104. This includes development of personnel policies, methods, procedures, and standards for all state agencies.

The Attendance and Leave Manual provides general guidance to employees about the privileges they have as employees and the duties and responsibilities we all share. It is not intended, nor is it considered to be a contract of employment. Nothing in this handbook constitutes a waiver of the State’s sovereign immunity.

Changes in Federal laws, State laws, rules or policies will take precedence over information provided in the manual. Although DOHR will make every attempt to give employees notice about upcoming changes to the manual, DOHR has the right to change information provided in the manual at any time for any reason without prior notice.

Employees are encouraged to read the manual and retain it for easy reference. Questions should be directed to your supervisor, your human resource division, or DOHR.

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Table of Contents

CHAPTER 1 – WORK SCHEDULES

1.01 – OFFICE HOURS

1.02 – WORK WEEK

1.03 – REGULAR WORK SCHEDULES

1.04 – IRREGULAR WORK SCHEDULES

1.05 – DAYLIGHT SAVINGS TIME AND SHIFT

CHAPTER 2 – LUNCH AND WELLNESS BREAKS

2.01 – LUNCH HOUR

2.02 – ON-CALL

2.03 – FIXED-POST ASSIGNMENT

2.04 – REST OR WELLNESS BREAKS

2.05 – BREAK TIME FOR NURSING MOTHERS

CHAPTER 3 – ADMINISTRATIVE LEAVE

3.01 – EXCUSED ABSENCE AUTHORIZATION

3.02 – PARTICIPATION IN STATE EXAMINATIONS AND INTERVIEWS

3.03 – ELECTIONS – TIME ALLOWANCE FOR VOTING

3.04 – EXCUSED ABSENCE WITHOUT PAY FOR VOTING MACHINE TECHNICIAN

3.05 – BLOOD DONATION

3.06 – EMOTIONAL WELLBEING SOLUTIONS (EWS)

3.07 – ABSENCE DUE TO INCLEMENT WEATHER

3.08 – ABSENCE DUE TO UNINHABITABLE BUILDING

3.09 – ABSENCE DUE TO DECLARED STATE OF EMERGENCY

3.10 – HEALTH SERVICES

3.11 – STATE GROUP HEALTH INSURANCE APPEALS

3.12 – APPEARANCE AT APPEALS DISUSSIONS & HEARINGS

3.13 – SPECIALIZED DISASTER RELIEF SERVICES LEAVE

3.14 – BEREAVEMENT LEAVE

3.15 – FOSTER PARENT TRAINING AND IN-SERVICE TRAINING

3.16 – DISCRETIONARY LEAVE WITH PAY

3.17 – UNEXCUSED ABSENCES

CHAPTER 4 – ANNUAL LEAVE

4.01 – ELIGIBILITY TO ACCRUE LEAVE

4.02 – EMPLOYEES ELIGIBLE TO ACCRUE LEAVE

4.03 – EMPLOYEES INELIGIBLE TO ACCRUE LEAVE

4.04 – LEAVE ACCRUAL

4.05 – LEAVE ACCUMULATION

4.06 – RECORDING TIME

4.07 – SCHEDULING ANNUAL LEAVE

4.08 – YEARLY TRANSFER OF ANNUAL LEAVE TO SICK LEAVE

4.09 – USING COMPENSATORY LEAVE BEFORE ANNUAL LEAVE

4.10 – ANNUAL LEAVE PAYMENT UPON SEPARATION/TERMINATION

4.11 – LEAVE OF ABSENCE FOR PARTICIPATION IN CERTAIN ATHLETIC COMPETITIONS

4.12 – ANNUAL LEAVE TRANSFERABLE BETWEEN STATE AGENCIES

4.13 – USING ANNUAL LEAVE FOR EMPLOYEE MEETINGS

4.14 – PROCEDURES FOR ADMINSTERING LEAVE

4.15 – CORRECTIONS FOR PRIOR ANNUAL LEAVE USED

CHAPTER 5 – SICK LEAVE

5.01 – ELIGIBILITY TO ACCRUE SICK LEAVE

5.01 – USE OF SICK LEAVE

5.03 – SICK LEAVE BALANCE FOR SEPARATING EMPLOYEES

5.04 – EXCESS LEAVE TRANSFERRED TO SICK LEAVE

5.05 – SICK LEAVE USE AFTER NOTICE OF SEPARATION

5.06 – SICK LEAVE MAY NOT BE ADVANCED

5.07 – SICK LEAVE TRANSFERABLE BETWEEN AGENCIES

5.08 – REINSTATEMENT OF UNUSED ACCUMULATED SICK LEAVE

5.09 – BEREAVEMENT LEAVE

5.10 – IN INSTANCE OF DEATH IN THE EMPLOYEE’S FAMILY

5.11 – SICK LEAVE EXCLUDABLE

5.12 – MEDICAL DOCUMENTATION

5.13 – SICK LEAVE BANK

5.14 – TRANSFERRING SICK LEAVE BETWEEN STATE EMPOYEES (DONATED LEAVE)

5.15 – CRITERIA FOR DONATING LEAVE TO AN EMPLOYEE

5.16 – SEPARATING/TERMINATING EMPLOYEES WISHING TO DONATE LEAVE

CHAPTER 6 – FAMILY AND MEDICAL LEAVE ACT

6.01 – EMPLOYEE ELIGIBILITY

6.02 – QUALIFYING CRITERIA FOR GRANTING LEAVE

6.03 – DEFINITIONS OF FAMILY MEMBERS

6.04 – BIRTH OF A SON OR DAUGHTER

6.05 – ADOPTIVE OR FOSTER CARE PLACEMENT

6.06 – SERIOUS HEALTH CONDITION

6.07 – MILITARY CAREGIVER LEAVE

6.08 – MILITARY QUALIFYING EXIGENCY LEAVE

6.09 – LEAVE ENTITLEMENT – LIMITATIONS ON LENGTH AND DURATION

6.10 – LIMITS ON LEAVE ENTITLEMENT FOR BIRTH, ADOTPION, AND FOSTER CARE

6.11 – INTERMITTENT LEAVE OR REDUCED LEAVE SCHEDULE

6.12 – COORDINATION WITH ACCRUED LEAVE

6.13 – COORDINATION WITH WORKERS’ COMPENSATION

6.14 – COORDINATION WITH PARENTAL LEAVE

6.15 – EMPLOYEE NOTIFICATION REQUIREMENTS

6.16 – EMPLOYEE NOTIFICATION PRIOR TO RETURN TO WORK

6.17 – MEDICAL CERTIFICATION REQUIREMENTS

6.18 – GENETIC INFORMATION NONDISCRIMINATION ACT OF 2008 (GINA)

6.19 – MILITARY CERTIFICATION REQUIREMENTS

6.20 – EMPLOYEE FAILURE TO PROVIDE MEDICAL CERTIFICATION

6.21 – DESIGNATING LEAVE AS FMLA LEAVE

6.22 – RETROACTIVE DESIGNATION OF FMLA LEAVE

6.23 – TIME AND LABOR WHILE ON FMLA LEAVE

6.24 – REQUESTING SECOND AND THIRD OPINIONS

6.25 – REQUESTING RECERTIFICATION OF MEDICAL CONDITIONS

6.26 – HEALTH BENEFITS REQUIREMENTS

6.27 – JOB RESTORATION REQUIREMENTS

6.28 – JOB RESTORATION FOR EMPLOYEES LEASED FROM A TEMPORARY AGENCY

6.29 – PROHIBITION AGAINST DISCRIMINATORY PRACTICES AND ENFORCEMENT

6.30 – REQUIREMENTS FOR NOTIFYING EMPLOYEES OF FMLA RIGHTS

6.31 – RECORD-KEEPING REQUIREMENTS

6.32 – ADDITIONAL RESOURCES

CHAPTER 7 – HOLIDAYS

7.01 – LEGAL HOLIDAYS

7.02 – LIST OF HOLIDAYS

7.03 – HOLIDAY CREDIT FOR EXEMPT-EXECUTIVE LEVEL EMPLOYEES

7.04 – EMPLOYEE ELIGIBILITY FOR HOLIDAY BENEFITS

7.05 – ACCOUNTING FOR HOLIDAY TIME FOR EMPLOYEES ON IRREGULAR WORK

SCHEDULES

CHAPTER 8 – CIVIL LEAVE

8.01 – LEAVE USE

8.02 – NIGHT SHIFT

8.03 – PAYMENT FOR SERVING

8.04 – EMPLOYMENT STATUS

8.05 – GOVERNMENT WITNESS

8.06 – PRIVATE LITIGATION WITNESS

8.07 – EMPLOYEE INVOLVED IN CRIMINAL OR CIVIL TRIAL

CHAPTER 9 – EXTENDED LEAVE

9.01 – REQUEST FOR EXTENDED LEAVE

9.02 – LEAVE USE

9.03 – ACCOUNTING FOR EXTENDED LEAVE

9.04 – RETURNING FROM EXTENDED LEAVE

9.05 – RETURNING FROM EXTENDED LEAVE FROM MILITARY DUTY

9.06 – EFFECT ON PROBATIONARY PERIOD, SERVICE AND SALARY INCREASES

CHAPTER 10 – EDUCATIONAL LEAVE

10.01 – EMPLOYEE ELIGIBILITY FOR EDUCATIONAL LEAVE WITH PAY

10.02 – PURPOSE

10.03 – COMPENSATION

10.04 – SERVICE CREDITS TOWARDS SALARY INCREASES DURING EDUCATIONAL LEAVE

10.05 – EFFECT OF EDUCATIONAL LEAVE ON SERVICE TIME AND LONGEVITY

10.06 – EFFECT OF EDUCAITONAL LEAVE ON ANNUAL AND SICK LEAVE

10.07 – EDUCATIONAL LEAVE WITHOUT PAY

CHAPTER 11 – MILITARY LEAVE

11.01 – MILITARY LEAVE ELIGIBILITY

11.02 – ADVANCE NOTICE

11.03 – MILITARY LEAVE WITH PAY

11.04 – REPORTING BACK TO WORK

11.05 – MILITARY FUNERAL

11.06 – DUTIES PERFORMED IN RECOGNITION OF “THE OPERATION”

CHAPTER 12 – SPECIAL LEAVE WITHOUT PAY

CHAPTER 13 – PARENTAL LEAVE

13.01 – PARENTAL LEAVE ELIGIBILITY

13.02 – PAID PARENTAL LEAVE

13.03 – EMPLOYEE NOTICE REQUIREMENTS

13.04 – COORDINATION WITH FAMILY AND MEDICAL LEAVE (FMLA)

13.05 – TYPES OF LEAVE PERMISSIBLE FOR PARENTAL LEAVE

CHAPTER 14 – DIVISION OF CLAIMS ADMINISTRATION ABSENCE

14.01 – ELIGIBLE EMPLOYEES

14.02 – ELIGIBILITY FOR LOST TIME COMPENSATION

14.03 – RETURN FROM LEAVE

14.04 – EFFECT ON ANNIVERSARY DATES

14.05 – DISABLING ASSAULT INJURIES IN THE LINE OF DUTY

CHAPTER 15 – TERMINAL LEAVE FOR RETIREEES AND DEATH BENEFITS

15.01 – ELIGIBLE EMPLOYEES

15.02 – EMPLOYEES SUBJECT TO STATE RETIREMENT

15.03 – BEGINNING OF TERMINAL LEAVE

15.04 – SATURDAYS, SUNDAYS AND OFFICIAL HOLIDAYS

15.05 – DETERMINING THE END OF THE TERMINAL LEAVE PERIOD

15.06 – PAYING FOR A HOLIDAY WHILE ON TERMINAL LEAVE PERIOD

15.07 – PAYING FOR EXCESS TERMINAL LEAVE

15.08 – LONGEVITY PAYMENT ON TERMINAL LEAVE

15.09 – MANDATORY LUMP SUM PAYMENT OF DEATH BENEFITS

15.10 – BENEFICIARY FOR LEAVE BALANCES

CHAPTER 16 – TEMPORARY EMPLOYMENT OF RETIRED STATE EMPLOYEES

CHAPTER 17 – OVERTIME

17.01 – OVERTIME AUTHORIZATION

17.02 – NON-EXEMPT EMPLOYEE OVERTIME ELIGIBILITY

17.03 – EXEMPT EMPLOYEE (NON-EXECUTIVE LEVEL) OVERTIME ELIGIBILITY

17.04 – EXEMPT EMPLOYEE (EXECUTIVE LEVEL) OVERTIME INELIGIBILITY

17.05 – INLCUDING LONGEVITY PAY IN CASH OVERTIME CALCULATIONS

17.06 – OVERTIME FOR TRAVELING OUTSIDE THE REGULARLY SCHEDULED

WORKDAY

17.07 – OVERTIME FOR PERFORMING EMERGENCY SERVICES

17.08 – REQUIRED BUDGETARY APPROVAL OF AGENCY OVERTIME

17.09 – EXTRA SERVICES (HOLDING TWO STATE JOBS)

17.10 – MEMORANDUM OF AGREEMENT (DUAL SERVICE CONTRACT)

CHAPTER 18 – COMPENSATORY TIME

18.01 – USE OF COMPENSATORY TIME

18.02 – COMPENSATORY TIME TRANSFERABLE

18.03 – VALUE OF COMPENSATORY TIME

18.04 – COMPENSATORY TIME PRIOR TO TERMINAL LEAVE

18.05 – MAXIMUM ALLOWABLE COMPENSATORY TIME ACCRUAL

18.06 – REGULAR AND PREMIUM COMPENSATORY OVERTIME LIMITS

18.07 – COMPENSATORY TIME FOR EXEMPT LEVEL EXECUTIVE EMPLOYEES

CHAPTER 19 – FLSA ADMINSTRATIVE LEAVE WITH PAY FOR EXEMPT EMPLOYEES

CHAPTER 20 – RESCHEDULING THE WORK WEEK

CHAPTER 21 – PREVIOUSLY ACCRUED LEAVE USED IN A NON-ACCRUING POSITION

CHAPTER 22 – LEAVE RECORDS

22.01 – PROCEDURES FOR LEAVE RECORDS

22.02 – ATTENDANCE AND LEAVE RECORDS

GLOSSARY

January 2021

Chapter 1 – Work Schedules

CHAPTER 1

WORK SCHEDULES

1.01 OFFICE HOURS

The central offices of all departments and agencies, as well as field offices not requiring irregular work hours or schedules, shall be open for the transaction of public business from 8:00 a.m. until 4:30 p.m. local time, each day except Saturdays, Sundays, and legal holidays. The established office hours of other organizational units may vary from one unit to the next depending upon the nature of the work and the demand for the unit's service.

Hourly equivalents for days used in this manual are for employees on a seven and one-half (7.5) hour workday, thirty-seven and one-half (37.5) hours per week schedule. Certain employees have an eight- hour (8.0) hour workday, forty (40.0) hours per week schedule.

The same rules shall apply to all full-time schedules.

1.02 WORK WEEK

The standard work week for accounting purposes begins at 12:01 a.m. Sunday and runs one hundred and sixty-eight (168) continuous hours in the form of seven

(7) consecutive twenty-four (24) hour periods to 12:01 a.m. the following Sunday.

1.03 REGULAR WORK SCHEDULES

The regular work schedule for most employees is from 8:00 a.m. until 4:30 p.m.

local time, Monday through Friday. Local conditions may cause these hours to vary, but an employee scheduled to work seven and one-half (7.5) hours per day, Monday through Friday, is considered to be on a regular work schedule.

1.04 IRREGULAR WORK SCHEDULES

Several departments and agencies may require irregular work schedules for their employees because of the nature of the work. With prior approval of the department or agency's appointing authority, management at each work location has the authority to schedule arrival and departure times and specific workdays

January 2021

Chapter 1 – Work Schedules for employees depending upon local needs. The use of flex time and compressed work weeks is also subject to approval of the appointing authority. Any work schedule totaling more than thirty-seven and one-half (37.5) hours per week must have prior approval of the Commissioners of Human Resources and Finance and Administration.

An employee on an irregular work schedule must revert to a normal work week schedule when using a prolonged period of annual, sick, or compensatory leave, when placed on extended leave without pay status, and when paid through the Sick Leave Bank.

1.05 DAYLIGHT SAVINGS TIME AND SHIFT

Daylight savings time is observed in accordance with the Uniform Time Act.

A. Employees on duty at 2:00 a.m. when daylight savings time goes into effect in the Spring and moves forward by one (1) hour, although they actually work one (1) hour less than a full shirt, should be given credit for a full shift.

B. When time reverts to standard time in the Fall, employees on duty during that shift will work and be compensated for an extra hour. This hour should be considered when determining eligibility for overtime compensation for that week.

Authority:

Tenn. Code Ann. § 4-4-105 Rules of the Department of Human Resources: 1120-06-.02 and 1120-06-.03.

https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=5271aa88-11ed-44f7-b484-1d4f6aac0e4d&nodeid=AAEAAEAAF&nodepath=%2FROOT%2FAAE%2FAAEAAE%2FAAEAAEAAF&level=3&haschildren&populated=false&title=4-4-105.%2BDepartment%2Boffice%2Bhours%2B%E2%80%94%2BOvertime.&config=025054JABlOTJjNmIyNi0wYjI0LTRjZGEtYWE5ZC0zNGFhOWNhMjFlNDgKAFBvZENhdGFsb2cDFQ14bX2GfyBTaI9WcPX5&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A4WYJ-1060-R03K-53RD-00008-00&ecomp=c38_kkk&prid=b0d736be-51ab-4411-8800-588b2de03ecf https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=5271aa88-11ed-44f7-b484-1d4f6aac0e4d&nodeid=AAEAAEAAF&nodepath=%2FROOT%2FAAE%2FAAEAAE%2FAAEAAEAAF&level=3&haschildren&populated=false&title=4-4-105.%2BDepartment%2Boffice%2Bhours%2B%E2%80%94%2BOvertime.&config=025054JABlOTJjNmIyNi0wYjI0LTRjZGEtYWE5ZC0zNGFhOWNhMjFlNDgKAFBvZENhdGFsb2cDFQ14bX2GfyBTaI9WcPX5&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A4WYJ-1060-R03K-53RD-00008-00&ecomp=c38_kkk&prid=b0d736be-51ab-4411-8800-588b2de03ecf https://publications.tnsosfiles.com/rules/1120/1120-06.20230418.pdf

March 2021

Chapter 2 – Lunch and Wellness Breaks

CHAPTER 2

LUNCH AND WELLNESS BREAKS

2.01 LUNCH HOUR

Employees shall be allowed a one (1) hour unpaid meal period. The employee should be relieved of all work responsibilities for the purpose of eating a meal.

The authorized meal period must be taken during the work shift and may not be used to alter arrival or departure time by not using the meal period or any part thereof.

This provision shall not apply to the following employees:

• Uniformed members of the Departments of Safety & Homeland Security and Revenue

• Wildlife Officers

• Park Rangers

• Employees of the Department of Transportation in the following classifications:

o Highway Response Operator 1 or 2 o Highway Response Supervisor 1 or 2 o Communications Dispatcher 1 or 2 o Transportation Management Center Operator o Transportation Management Center Supervisor 1 or 2

• Non-administrative officials of the Departments of Children’s Services or Correction

• Employees assigned to hospitals or institutions in the Departments of Mental Health and Substance Abuse Services and Intellectual and Developmental Disabilities.

Examples of charging leave before and after the lunch hour are:

Example 1: The employee arrives at work at 8:00 a.m. and works continuously until 1:00 p.m. The employee then requests annual leave for the remainder of the day.

The employee actually worked 5.0 hours and charged 2.5 hours of annual leave.

Example 2: The employee arrives at work at 8:00 a.m. and works until 1:00 with the usual lunch hour and then requests annual leave for the remainder of that day.

The employee will be charged 3.5 hours of annual leave, having actually worked 4.0 hours and taken an hour for lunch.

2.02 ON-CALL

Certain employees are "on-call" during their meal period. These employees are relieved of their duties during the meal period but must remain easily reachable to report back to work, if necessary. These employees receive extra compensation only if they are called back to work.

2.03 FIXED POST ASSIGNMENT

Certain employees cannot be relieved of duties to have a meal period during their work shift. This situation usually results from "fixed post" assignments in which employees may not leave their workstation. These employees are considered to be at work even if they are able to eat a meal during their work shift and must be compensated accordingly.

2.04 REST OR WELLNESS BREAKS

Appointing authorities or agency heads, at their discretion, may allow their employees two (2) rest or wellness breaks, of fifteen (15) minutes duration each, during each workday. These rest and wellness breaks are a privilege, not a right, and should be taken at times that do not interfere with service to the public. If an employee chooses not to take advantage of these breaks, this time may not be accumulated and added to lunch periods or any type of leave.

A rest or wellness break may not be used to alter arrival or departure time or used in conjunction with the lunch hour.

With supervisor approval, wellness breaks may be combined into one (1) thirty (30) minute break.

2.05 BREAK TIME FOR NURSING MOTHERS

An employee who needs to express breast milk for the nursing child shall be allowed a reasonable break time. The employee should also be afforded a space to do so that is not a bathroom, is shielded from view, and is free from intrusion from coworkers and the public. Break time for nursing mothers shall be allowed in addition to other provided breaks. Break time for nursing mothers shall not be used to alter the employee’s scheduled arrival or departure time.

Fair Labor Standards Act (29 U.S.C. §§ 201, et seq.)

Patient Protection and Affordable Care Act (P.L. 111-148) Tenn. Code Ann. §§ 4-4-105, 8-30-104, 8-30-406 and 50-1-305 Rules of the Department of Human Resources: 1120-06-.06, 1120-06-.07, and 1120-06-.08.

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August 2024

Chapter 3 – Administrative Leave

CHAPTER 3

ADMINISTRATIVE LEAVE (Excused and Unexcused Absences)

3.01 EXCUSED ABSENCE AUTHORIZATION

An excused absence is leave with pay granted under Tennessee law and/or Department of Human Resources rules or policies without being charged against the employee’s compensatory, annual, or sick leave. This leave should be charged as administrative leave with pay unless noted differently.

3.02 PARTICIPATION IN STATE ASSESSMENTS AND INTERVIEWS

An employee may be granted an excused absence to participate in a state administered assessment or at a State of Tennessee job interview. An excused absence will not be granted to participate in external assessments or interviews.

Recordkeeping: Employee timesheets should be coded as Administrative Leave for Interviews and Exams (ADMIV).

3.03 ELECTIONS - TIME ALLOWANCE FOR VOTING

Any person entitled to vote in an election held in this state may be granted paid leave on the day of the election for a reasonable period of time, not to exceed three (3) hours, to vote during the time polls are open in the county where the employee resides. Requests for such leave shall be made to the supervisor before 12:00 p.m. on the day before the election.

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 the closing of polls of the county where the employee is a resident, the employee may not take time off under this section.

Recordkeeping: Employee timesheets should be coded as Administrative Leave for Election

(ADMEL).

This section applies to all elections for public office, for candidacy for public office, and on questions submitted to the people.

Example: In most elections, the polls close at 7:00 p.m. Therefore, state employees whose normal shifts end at 4:30 p.m. and who have requested to leave early to vote as prescribed above, should be excused at 4:00 p.m. on that date to ensure that they have a reasonable period of time to vote.

Since polls are open until 8:00 p.m. in the Eastern Time Zone, this policy only affects employees in that time zone working a schedule other than 8:00 a.m. until 4:30 p.m.

Therefore, only employees having less than three (3) hours available between the normal end of their shift and 8:00 p.m., Eastern Time Zone, should be notified of this policy. Otherwise, the policy only applies to employees in the Central Time Zone.

3.04 EXCUSED ABSENCE WITHOUT PAY FOR 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.

3.05 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 period, 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, workload 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).

3.06 EMOTIONAL WELLBEING SOLUTIONS (EWS)

*Formally known as Employee Assistance Program (EAP)

Employees are to be excused to receive up to ten (10) hours per year to attend EWS sponsored programs or counseling.1 While supervisors may maintain informal records of employees' attendance at EWS sponsored programs or counseling, no formal documentation should be maintained in the employee’s personnel file. EWS counseling sessions are considered confidential. For this reason, employees should be considered "on duty" during the time EWS programs or counseling occurs 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 EWS 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.

3.07 ABSENCE DUE TO INCLEMENT WEATHER

Inclement weather does not usually warrant the closing of state offices. Absence due to inclement weather requires that each employee make a personal judgment pertaining to the employee’s safety in traveling to and from work. Loss of work time for this reason is charged against the employee's compensatory or annual leave accumulation. If the employee has no compensatory or annual leave, then the time absent is charged as leave without pay. Employees who make the effort to report on time (employee leaving at normal departure time from home) and who report within a reasonable period should not be required to use leave for that absence.

Occasionally, extraordinary emergency conditions caused by inclement weather may warrant the closing of some state offices by the Governor or Governor’s designee. Any decision to close state offices due to inclement weather should be countywide and made county to county. Communication of any closing decision will be made as quickly as practical by email, the State’s mass notification alert system, or public broadcast media.

1 This includes time for travel. For example, an employee may have up to five 1-hour sessions of EWS. The employee will also be allowed to up to 30 minutes before and after each session for travel. This totals to the 10-hour allotment.

Recordkeeping: Employee timesheets should be coded as Administrative Leave for Inclement Weather (ADMIW).

Certain employees who are employed by the Departments of Mental Health & Substance Abuse Services, Intellectual and Developmental Disabilities, Correction, Children’s Services (group homes, schools, and institutions), Military, Transportation, Safety & Homeland Security, and others which require the employee to maintain the health and safety of others may be required to report to work during periods of inclement weather.

Employees who work in a county where state offices are closed due to extreme weather will receive administrative leave with pay for regularly scheduled working hours during the period of closing. Employees who must work when offices in their work county are closed are eligible for regular compensatory time for hours actually worked during the period of closing up to their regular scheduled hours for the workday. Hours worked in excess of regularly scheduled hours are compensated as overtime hours at the end of the work week based on each employee’s FLSA status. Such time worked by an executive grade employee should be treated the same as time worked on a holiday. Part-time employees are not eligible for administrative leave or compensatory time. Employees on previously approved leave during the affected period must continue to charge the appropriate leave and will not be eligible for administrative leave.

Recordkeeping; Employee timesheets should be coded as Regular Inclement Weather Shift 1, 2, or 3 (RIWS1 – 1st shift, RIWS2 – 2nd shift, or RIWS3 – 3rd shift).

Employees already scheduled to work at home through an Alternative Workplace Solutions (AWS) arrangement must continue to work from home to the extent possible. However, if an employee is participating in the Mobile Work AWS arrangement on the day State offices are closed, the Appointing Authority will have the discretion to either allow the employee to be excused from work and granted discretionary leave with pay or require the employee to work remotely.

3.08 ABSENCE DUE TO UNINHABITABLE BUILDING

Employees who are not able to work in a building that is considered uninhabitable due to power outages, flooding, physical damage, or other valid reasons should be granted administrative leave with pay for all regularly scheduled hours during the affected period. Employees who are required by management to work during the periods that the building is considered uninhabitable may receive regular compensatory time for hours actually worked during the affected period up to their regularly scheduled hours for the workday. Hours worked in excess of regularly scheduled hours are compensated as overtime hours at the end of the work week based on each employee’s FLSA status.

Only those employees who are directly affected by a building closing are eligible for administrative leave with pay or compensatory time. Employees who normally work in an affected building or area who were assigned to a different work location that was not considered uninhabitable during the affected period are not covered under this policy. Such time worked by an executive grade employee should be treated the same as time worked on a holiday. Part-time employees are not eligible for administrative leave or compensatory time. Employees on previously approved leave during the affected period must continue to charge the appropriate leave and will not be eligible for administrative leave. Similarly, employees scheduled as AWS during the affected period are not covered under this policy.

The Commissioner of the Department of Human Resources, acting on a recommendation from the requesting agency’s appointing authority, shall have the sole authority to declare a building uninhabitable. If a determination is made to deem the building uninhabitable, the agency’s appointing authority should be notified as soon as possible. Authorized personnel in the agency may deem a building uninhabitable in emergency situations that are considered hazardous to the safety of the employees or when situations occur outside the regular Monday through Friday work schedule. When this occurs, the Department of Human Resources should be notified as soon as possible. A follow-up written notification to the Department of Human Resources is required in all uninhabitable situations.

The uninhabitable building policy only applies in instances in which an entire county is not closed. All employees within the county in which the building is located that are not affected by the building closure will not be eligible for any administrative leave with pay or compensatory time.

Employees cease to receive administrative leave with pay or compensatory time once the building is considered habitable again or an alternative work site is provided. Administrative leave and compensatory time granted under this policy may not exceed thirty-seven and one-half (37.5) hours for a seven and one-half (7.5) hour employee, or forty (40.0) hours for an eight (8.0) hour employee, without additional authorization from the Department of Human Resources.

Recordkeeping: Employee timesheets should be coded as Regular Uninhabitable Building Shift 1, 2, or 3 (RUBS1 – 1st shift, RUBS2 – 2nd shift, or RUBS3 – 3rd shift).

3.09 ABSENCE DUE TO DECLARED STATE OF EMERGENCY

The State of Tennessee recognizes that there will be instances where the Governor declares a state of emergency resulting from an emergency beyond local control.

However, it shall be the policy of the State to make every effort to maintain normal working hours by initiating departmental Continuity of Operations Plans (COOP) and/or Emergency Workforce Management Plans during these periods in order to continue providing necessary services.

These conditions may require each employee to make a personal decision regarding safety in traveling to and from the workplace. As with absences due to inclement weather, employees who do not feel it is safe to travel should contact their supervisor.

If the employee is eligible for an AWS arrangement during the affected period, they may be allowed to work remotely at agency discretion. Employees who otherwise do not report to work may use accumulated annual or compensatory leave for their absence. If the employee has no compensatory or annual leave, then the time absent is charged as leave without pay. Employees who make every effort and report to work within a reasonable period should not be required to take leave for that absence. To be eligible, the employee must leave for work at his or her normal departure time in anticipation of regular arrival time.

In extraordinary situations, the Governor, in consultation with the Tennessee Emergency Management Agency (TEMA) and the Departments of Transportation, Safety & Homeland Security, Health, Human Resources or other departments, may determine that state government offices should be closed in a particular county or counties due to a declared state of emergency. Notice of the closing of state offices will be timely given to local media for broadcast to the general public. If this occurs, employees other than those who work in 24-hour facilities, are required to work on an emergency basis, or participate in an AWS arrangement, shall be excused from work and granted administrative leave with pay for any scheduled hours.

Employees who are required to work when their offices have been otherwise closed shall be granted compensatory time for hours actually worked during the period of closing up their regularly scheduled hours for the workday. Hours worked in excess of regularly scheduled hours may be compensated as overtime, depending on each employee’s status under the Fair Labor Standards Act. An appointing authority may grant administrative leave with pay to executive and non-compensatory employees who are required to work during a time when offices are closed. This administrative leave shall be equal to the hours worked and must be taken within twelve (12) months from the time worked.

This leave shall not be granted to employees who were previously scheduled to be working under an AWS arrangement and are otherwise not required to work in a structure deemed uninhabitable.

In the event the Governor declares a state of emergency as the result of a natural or man-made disaster, an appointing authority may grant up to ten (10) workdays of discretionary leave with pay to an employee whose primary residence becomes uninhabitable due to the disaster. Additional restrictions can be found by reviewing DOHR Policy 12-039.

3.10 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.

Recordkeeping: Employee timesheets should be coded as Administrative Leave for Health Services (ADMHS).

3.11 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 https://www.tn.gov/content/dam/tn/hr/documents/dohrpolicies2019/12-039%20Employee%20Absences%20Due%20to%20Declared%20State%20of%20Emergency.pdf appeal. Employees should call the Benefits Administration hotline at 615-741-3590 or 800-253-9981 or reach out to the Benefits Coordinator in their agency.

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.

3.12 APPEARANCE AT APPEALS DISCUSSIONS & HEARINGS

The Step I Appeals Discussion is the first step of the discipline 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 hearing) serves as the final step of the appeals process for preferred service employees. When an employee appears at a Board of Appeals hearing at the discretion of a proper authority, the employee’s timesheet will be coded as regular time worked.

3.13 SPECIALIZED DISASTER RELIEF SERVICES LEAVE

A state employee who is a certified disaster service volunteer of the American Red Cross may be granted administrative leave with pay, not to exceed fifteen (15) regularly scheduled workdays in each calendar year, to participate in specialized disaster relief services for the American Red Cross. This leave shall not affect the employee's regular leave status.

The employee must submit a written request from the American Red Cross giving details concerning the specialized disaster relief services to the employee’s appointing authority for approval.

An employee who works an irregular schedule must be placed on a regular schedule (seven and one-half (7.5) or eight (8.0) hours per day) for the time this leave is being used. Holidays and scheduled off duty days do not count toward the fifteen (15) workdays allowed.

Recordkeeping: Employee timesheets should be coded as Administrative Leave for Disaster Relief (ADMDR).

3.14 BEREAVEMENT LEAVE

Bereavement leave will be granted for three (3) days in the event of the death of an employee's immediate family member (defined as spouse, children (including unborn), stepchildren, siblings, parents, grandparents, grandchildren, stepparents, foster parents and parents-in-law) without charge to the employee's accumulated leave balance. The granting of bereavement leave does not increase the total number of days provided for in Chapter 5 Sick Leave, nor does it affect the use of annual leave.

Example: An employee had a sick leave balance of 90.5 hours. The employee is granted 3 days (22.5 hours) of paid bereavement leave. The bereavement leave is not deducted from the employee’s sick leave, leaving a sick leave balance of 90.5 hours. If, the employee also used 2 days (15.0 hours) of sick leave, then this is deducted, leaving a sick leave balance of 75.5 hours.

Recordkeeping: Employee timesheets should be coded as Bereavement Leave (BER) with pay.

For additional information on bereavement leave please refer to Chapter 5 Sick Leave.

3.15 FOSTER PARENT TRAINING AND ANNUAL IN-SERVICE TRAINING

During a twelve (12) month period, a state employee may use administrative leave with pay to participate in Tennessee foster parent training for up to twenty-five (25) hours during the course of their employment. An employee may also use administrative leave with pay to complete annual in-service training for up to eight (8) hours. Upon completion of such training, the Department of Children’s Services shall document the training on the designated form and return it to the employee’s agency.

Recordkeeping: Employee timesheets should be coded as Foster Parent Training (FPTR) or Foster Parent In-Service (FPIS).

3.16 DISCRETIONARY LEAVE WITH PAY

Appointing authorities 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 of the Department of Human Resources must approve any period of discretionary leave that exceeds the ten (10) working days.

Discretionary leave with pay cannot be approved to supplement leave already provided for in Tennessee law. For example, sick leave is for health-related issues and annual leave is for personal, vacation and recreational needs. Such leave is legislated and cannot be extended or supplemented by granting discretionary leave with pay.

Recordkeeping: Employee timesheets should be coded as Administrative Leave with Pay

(ADM).

3.17 UNEXCUSED ABSENCES

Absence of an employee after compensatory, annual or sick leave has been requested and denied prior to the occurrence of the leave should always be considered an unexcused absence.

Leave time not approved in advance may be considered an unexcused absence as long as the employee has been informed in writing, of the consequences of not obtaining approval in advance on at least one prior occasion. Consequences in this situation include the supervisor's authority to require that leave time not approved in advance be taken without pay along with instruction that continued unexcused absences could result in disciplinary action.

While an unexcused absence may be without pay, a supervisor may choose to allow an employee to reduce the employee leave balance by the amount of time used. In this situation, a notation should be placed on the leave request form indicating that the time off is considered an unexcused absence.

Sick leave is not considered an unexcused absence if the employee presents a valid statement from a doctor within a reasonable amount of time after it is either requested by a supervisor or the employee returns to work.

Tenn. Code Ann. §§ 2-1-103, 2-1-106, 2-9-103, 8-30-104, 8-50-113, 8-50-121, and 8-50-810 Rules of the Department of Human Resources 1120-06 https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=ceba986f-6412-41e9-9aa7-dc6307900441&nodeid=AACAABAAD&nodepath=%2FROOT%2FAAC%2FAACAAB%2FAACAABAAD&level=3&haschildren&populated=false&title=2-1-103.%2BScope%2Bof%2Btitle.&config=025054JABlOTJjNmIyNi0wYjI0LTRjZGEtYWE5ZC0zNGFhOWNhMjFlNDgKAFBvZENhdGFsb2cDFQ14bX2GfyBTaI9WcPX5&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A4X8J-5J80-R03M-X08M-00008-00&ecomp=c38_kkk&prid=06ab1276-ef20-4116-a014-36b1a0ecd3a9 https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=6c6a81fa-5557-4154-9572-37b30e17a4ef&nodeid=AACAABAAG&nodepath=%2FROOT%2FAAC%2FAACAAB%2FAACAABAAG&level=3&haschildren&populated=false&title=2-1-106.%2BAbsence%2Bfrom%2Bwork%2Ballowed%2Bfor%2Bvoting.&config=025054JABlOTJjNmIyNi0wYjI0LTRjZGEtYWE5ZC0zNGFhOWNhMjFlNDgKAFBvZENhdGFsb2cDFQ14bX2GfyBTaI9WcPX5&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A4X8J-5J80-R03M-X08P-00008-00&ecomp=c38_kkk&prid=06ab1276-ef20-4116-a014-36b1a0ecd3a9 https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=ba7555fc-c177-410a-b922-fe931fdcd8f2&nodeid=AACAAJAAD&nodepath=%2FROOT%2FAAC%2FAACAAJ%2FAACAAJAAD&level=3&haschildren&populated=false&title=2-9-103.%2BVoting%2Bmachine%2Btechnicians.&config=025054JABlOTJjNmIyNi0wYjI0LTRjZGEtYWE5ZC0zNGFhOWNhMjFlNDgKAFBvZENhdGFsb2cDFQ14bX2GfyBTaI9WcPX5&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A4X8J-6910-R03J-J23G-00008-00&ecomp=c38_kkk&prid=06ab1276-ef20-4116-a014-36b1a0ecd3a9 https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=5311fb88-dd52-4dc4-9f31-c8bb814e9f94&nodeid=AAIABDAABAAE&nodepath=%2FROOT%2FAAI%2FAAIABD%2FAAIABDAAB%2FAAIABDAABAAE&level=4&haschildren&populated=false&title=8-30-104.%2BAuthority%2Bof%2Bcommissioner%2B%E2%80%94%2BSupervisory%2Bpersonnel%2B%E2%80%94%2BDesignees.&config=025054JABlOTJjNmIyNi0wYjI0LTRjZGEtYWE5ZC0zNGFhOWNhMjFlNDgKAFBvZENhdGFsb2cDFQ14bX2GfyBTaI9WcPX5&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A4X8K-TGT0-R03K-X4M0-00008-00&ecomp=c38_kkk&prid=06ab1276-ef20-4116-a014-36b1a0ecd3a9 https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=380a33e6-e97e-41dd-bc65-81b4c7b48f31&nodeid=AAIABWAABAAN&nodepath=%2FROOT%2FAAI%2FAAIABW%2FAAIABWAAB%2FAAIABWAABAAN&level=4&haschildren&populated=false&title=8-50-113.%2BBereavement%2Bleave.&config=025054JABlOTJjNmIyNi0wYjI0LTRjZGEtYWE5ZC0zNGFhOWNhMjFlNDgKAFBvZENhdGFsb2cDFQ14bX2GfyBTaI9WcPX5&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A4X8K-V960-R03M-82RG-00008-00&ecomp=c38_kkk&prid=06ab1276-ef20-4116-a014-36b1a0ecd3a9 https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=89decb53-fa94-4c28-9401-2bff38eaeda3&nodeid=AAIABWAAIAAK&nodepath=%2FROOT%2FAAI%2FAAIABW%2FAAIABWAAI%2FAAIABWAAIAAK&level=4&haschildren&populated=false&title=8-50-810.%2BAmerican%2BRed%2BCross%2Bdisaster%2Bleave.&config=025054JABlOTJjNmIyNi0wYjI0LTRjZGEtYWE5ZC0zNGFhOWNhMjFlNDgKAFBvZENhdGFsb2cDFQ14bX2GfyBTaI9WcPX5&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A4X8K-V960-R03M-82SN-00008-00&ecomp=c38_kkk&prid=06ab1276-ef20-4116-a014-36b1a0ecd3a9

Chapter 4 – Annual Leave

January 2024

CHAPTER 4 ANNUAL LEAVE

4.01 ELIGIBILITY TO ACCRUE LEAVE

Employees scheduled to work one thousand six hundred (1,600) hours or more in a fiscal year, whether compensated on hourly, daily, monthly, or piecework basis, shall accrue annual leave on the date the employee is hired and on each service anniversary date.

4.02 EMPLOYEES ELIGIBLE TO ACCRUE LEAVE

The following employees are eligible to accrue leave:

A. Employees with regular, temporary provisional and interim appointments who are employed full-time.

B. Employees serving on full-time temporary appointments accrue leave after completing six (6) months of active service. The first day following completion of six (6) months of service is regarded as the beginning date for the purpose of accruing leave. Each period of temporary employment should be treated separately.

C. Any part-time or seasonal employee scheduled to work one thousand, six hundred (1,600) hours or more in a fiscal year.

D. Any employee currently eligible to accrue leave who receives a full-time emergency or full-time temporary appointment shall continue to accrue leave, provided there is no break in service.

4.03 EMPLOYEES INELIGIBLE TO ACCRUE LEAVE

The following employees are not eligible to accrue leave:

A. Employees on temporary appointments who have worked less than six (6) months.

B. Employees on educational leave, with or without pay.

C. Employees on emergency appointments.

D. Employees on Division of Claims/Workers’ Compensation Administration leave.

E. Employees on terminal leave.

F. Employees on military leave without pay.

G. Employees on special leave without pay.

H. Employees on parental leave without pay.

I. Seasonal or part-time employees scheduled to work less than one thousand six hundred (1,600) hours in a fiscal year.

J. Employees being paid through the Sick Leave Bank.

K. Limited term employees (such as commissioners) are not eligible to accrue leave while serving in limited term appointments. However, should these employees later be appointed to a position eligible to accrue leave, their time served in a full-time limited term appointment can be used to establish the proper leave service group.

4.04 LEAVE ACCRUAL

Leave is accrued on a regular workday basis. One (1) day of leave is equivalent to seven and one half (7.5) hours for employees on a thirty-seven and one-half (37.5) hour per work week schedule. One (1) day of leave is equal to eight (8.0) hours for employees on a forty (40) hour per work week schedule. Employees on any authorized work cycle changing from one schedule to another will have their hourly balances adjusted accordingly.

Example 1: (231.5 hours accrued on a 7.5- hour schedule changing to an 8.0-hour schedule):

231.5 hours x 1.0667 = 249.9 hours for 8.0 hours schedule (8.0 divided by 7.5 = 1.0667)

Example 2: (231.5 hours accrued on an 8.0- hour schedule changing to a 7.5-hour schedule):

231.5 hours x 0.9375 = 217.0 hours for 7.5 hours schedule (7.5 divided by 8.0 = 0.9375)

4.05 LEAVE ACCUMULATION

An eligible employee earns and accumulates annual leave on the date the employee is hired and on each service anniversary date. Service anniversary dates shall be adjusted to account for gaps in paid employment as a state employee. Accrued leave will be available on the first day of the employee’s service anniversary month.

Group amounts earned and maximum allowable accumulations follow:

Service Group 1: Employees with less than five (5) years of full-time service accrue annual leave at the rate of twelve (12) days per year on the date the employee is hired and on each service anniversary date and may accumulate a maximum of thirty (30) workdays (or two hundred twenty-five (225.0) hours). Employees working an eight (8.0) hour schedule may accumulate a maximum of two hundred forty (240.0) hours.

Service Group 2: Employees with five (5) years and less than ten (10) years of full-time service accrue annual leave at the rate of eighteen (18) days per year on each service anniversary date and may accumulate a maximum of thirty-six (36) workdays (or two hundred seventy (270.0) hours). Employees working an eight (8.0) hour schedule may accumulate a maximum of two-hundred eighty-eight (288.0) hours.

Service Group 3: Employees with ten (10) years and less than twenty (20) years of full-time service accrue annual leave at the rate of twenty-one (21) days per year on each service anniversary date and may accumulate a maximum of thirty-nine

(39) workdays (or two hundred ninety-two and one-half (292.5) hours). Employees working an eight (8.0) hour schedule may accumulate a maximum of three-hundred twelve (312.0) hours.

Service Group 4:…