Section 1120-02-.13 - TENURE, EMPLOYEE RECLASSIFICATION, SUSPENSION, AND SEPARATION(1) Tenure of Office. The continued employment of Preferred Service Employees is contingent on both satisfactory performance and satisfactory conduct. Satisfactory performance is evidenced by the employee's record of performance. This provision, however, does not prevent the layoff of an employee in accordance with a reduction in force plan approved by the Commissioner.(2) Suspension. An Appointing Authority shall provide written notice upon suspending a Preferred Service Employee without pay for disciplinary purposes. Cumulative suspensions without pay shall not exceed thirty (30) work days in a twelve (12) month period. With approval from the Commissioner, an Appointing Authority may suspend an employee without pay for a period greater than thirty (30) work days, pending the appeal or the processing of an appeal or investigation. The agency shall place a copy of the written notice of the suspension in the employee's human resources file.(3) Reduction in Force. After written notice to the Commissioner, an Appointing Authority may implement a reduction in force, in accordance with the provisions of the Act. The Commissioner shall establish policies pertaining to reduction in force procedures.(4) Resignations. An employee who resigns shall state the reasons in writing to the Appointing Authority. To resign in good standing, the employee shall provide the resignation at least ten (10) business days prior to the effective date of separation, unless such period is waived by the Appointing Authority or Commissioner, who shall notify the Commissioner in writing. Any employee who does not provide such notice may be designated as having resigned not in good standing. A copy of the resignation shall be placed in the employee's human resources file.(5) Job Abandonment. Any employee who is absent from duty for more than three (3) consecutive work days without giving prior written or electronic notice to the Appointing Authority or appropriate manager that specifies the reason for such absence, and without securing permission to be on leave, or who fails to report for duty or to the immediate supervisor or the Appointing Authority within two (2) work days after the expiration of any authorized leave of absence, is considered as having resigned not in good standing, absent extenuating circumstances beyond the control of the employee causing the employee's absence or preventing the employee's return. An employee deemed to have resigned in accordance with these circumstances shall have the ability to appeal such action through the appeal procedure described herein.(6) Dismissal. An Appointing Authority may dismiss a Preferred Service Employee for either unsatisfactory performance or unsatisfactory conduct. Executive service employees are at-will employees who serve at the pleasure of the Appointing Authority and do not have the ability to appeal a dismissal.(7) Designation of Rehire Eligibility. When an employee separates from the state service through retirement, resignation, or dismissal, the Appointing Authority shall make a designation concerning the employee's eligibility to be rehired by the agency or statewide, depending on the nature of the separation. All separating employees designated as ineligible for rehire statewide shall be informed in writing by the Appointing Authority of the designation and its effect on future employment in the state service.Tenn. Comp. R. & Regs. 1120-02-.13
(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. Repeal and new rule filed December 14, 2010; effective May 31, 2010. Repeal and new rule filed July 5, 2012; effective October 3, 2012. Amendments filed February 7, 2017; effective May 8, 2017. Amendments filed May 17, 2019; effective August 15, 2019. Rule was previously numbered 1120-02-.15 but was renumbered 1120-02-.13 with the deletion of original rules 1120-02-.04 and 1120-02-.09 filed January 18, 2023; effective 4/18/2023. Amendments filed January 18, 2023; effective 4/18/2023.Authority: T.C.A. §§ 8-30-104, 8-30-105, 8-30-313, 8-30-315, and 8-30-316.