Section 1120-06-.12 - SICK LEAVESick leave is accrued by an employee at the rate of one (1) day for each month or major fraction of a month of active service. 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:(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 (up to thirty (30) work days); and(h) Adoption (up to thirty (30) work days).(2) Reinstatement of Accumulated Sick Leave. Employees who work on a full-time continuous basis for one 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 Restrictions. (a) 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.(b) Sick Leave Shall Not Be Advanced. Sick leave shall not be taken until earned.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 4/18/2023.Authority: T.C.A. §§ 4-21-408, 8-50-801, 8-50-802, 8-50-803, 8-50-804, 8-50-806, and 8-50-807.