Section 1120-06-.11 - ANNUAL LEAVEThe Commissioner shall establish policy and procedures for administering annual leave in accordance with T.C.A. § 8-50-801.
(1) Amount Earned and Maximum Accumulation. Annual leave is earned with maximum accumulation as follows: (a) Employees with less than five (5) years of full-time service accrue annual leave at the rate of one (1) day (7.5 hours) for each month or major portion of a month of active service and may accumulate a maximum of thirty (30) work days (225.0 hours). Employees working an eight (8.0) hour schedule accrue eight (8.0) hours per month and may accumulate a maximum of two hundred and forty (240.0) hours.(b) Employees with five (5) years and less than ten (10) years of full-time service accrue annual leave at the rate of one and one-half (1.5) days (11.3 hours) for each month or major portion of a month of active service and may accumulate a maximum of thirty-six (36) work days (270.0 hours). Employees working an eight (8.0) hour schedule accrue twelve (12.0) hours per month and may accumulate a maximum of two hundred and eighty-eight (288.0) hours.(c) Employees with ten (10) years and less than twenty (20) years of full-time service accrue annual leave at the rate of one and three-fourths (13/4) days (13.1 hours) for each month or major portion of a month of active service and may accumulate a maximum of thirty-nine (39) work days (292.5 hours). Employees working an eight (8.0) hour schedule accrue fourteen (14.0) hours per month and may accumulate a maximum of three-hundred and twelve (312.0) hours.(d) Employees with twenty (20) years or more of full-time service accrue annual leave at the rate of two (2) days (15.0 hours) for each month or major portion of a month of active service and may accumulate a maximum of forty-two (42) work days (315.0 hours). Employees working an eight (8.0) hour schedule accrue sixteen (16.0) hours per month and may accumulate a maximum of three hundred and thirty-six (336.0) hours.(2) Temporary (employees with less than six (6) months of service), emergency, and limited term full-time employees are eligible to receive longevity, if hired before June 30, 2015, but are not eligible to accrue annual or sick leave.(3) Creditable Service. Any month, which was a part of a fifteen hundred sixty (1,560) hours or greater annual schedule, in which an employee is scheduled to work a full month, and actually works one-tenth of one hour more than half the scheduled hours, shall be creditable for maximum accumulation purposes.(4) Transfer of Annual Leave to Sick Leave. Leave earned in excess of the maximum allowable accumulation based on years of service as defined in T.C.A. § 8-50-801 shall be transferred to the employee's sick leave account annually in the month of the employee's last hire date.(5) Annual Leave Paid as a Lump Sum. When separating from the state service, an employee shall be paid for any annual leave accumulation in a lump sum unless that employee is dismissed or terminated from state service for gross misconduct, or resigns from the state service to avoid dismissal for gross misconduct, or was guilty of gross misconduct prior to leaving the state service. In cases involving gross misconduct, the employee forfeits all accumulated annual leave.(6) Annual Leave as Terminal Leave Prior to Retirement. An employee may use annual leave as terminal leave when retiring from state employment or may receive a lump sum payment for annual leave balances.(7) Annual Leave Shall Not Be Advanced. Annual leave shall not be taken until earned.(8) Employee Meetings. Annual leave may be used to attend meetings of employee associations which are qualified for payroll dues deduction. Except as enumerated in T.C.A. § 8-50-110, leave allowed for this purpose cannot exceed two (2) days per year.(9) Annual Leave Transferable. Unless there is a break in service, annual leave shall be transferred to and shall be accepted from state agencies and higher education institutions, legislative and judicial branches.Tenn. Comp. R. & Regs. 1120-06-.11
(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 February 7, 2017; effective May 8, 2017. Amendments filed January 18, 2023; effective 4/18/2023.Authority: T.C.A. §§ 8-50-110, 8-50-801, 8-50-803, and 8-50-807.