Section 1120-06-.18 - MILITARY LEAVE(1) Military Leave with Pay. A leave of absence with pay, not to exceed twenty (20) working days in any one year, shall be granted to employees who are members of the reserve components of the Armed Forces of the United States, including members of the Tennessee National Guard, for periods they are engaged in the performance of duty or training activities in the service of the State or the Federal Government while under competent orders. Holidays and scheduled off duty days do not count toward the twenty (20) days allowed. During the period of approved paid military leave, the employee incurs no loss of service time and continues to earn regular annual leave and sick leave. There shall be no loss of rights or benefits to which the employee is otherwise entitled. Military leave with pay shall be granted for regularly scheduled monthly training for reservists or national guardsmen.(2) Military Leave without Pay. Leave without pay shall be granted for periods of active duty or training activity with the Armed Forces of the United States, its reserve components, or the Tennessee National Guard for authorized periods beyond the twenty (20) working days of paid leave in a calendar year. In addition, leave without pay may be granted for regularly scheduled monthly training for reservists or national guardsmen and to employees entering the regular components of the Armed Forces of the United States as a result of military conscription or for a period of voluntary enlistment. During the period of leave without pay for military service, the employee retains all accumulated annual and sick leave, retirement status, and continues to earn time toward seniority, retirement and longevity pay, if otherwise eligible. Continuation in the State's insurance programs, if elected, shall be granted subject to appropriate state insurance program provisions.(3) Air Force Auxiliary Civil Air Patrol Leave. A leave of absence with pay, not to exceed fifteen (15) working days in any one calendar year, shall be granted to employees who are members of the United States Air Force Auxiliary Civil Air Patrol and who participate in a training program for the civil air patrol, or in emergency and disaster services, as defined in T.C.A. § 58-2-101, if the leave of absence is at the request of the employee's wing commander or the wing commander's designated representative. In addition, leave without pay shall be granted to employees on Civil Air Patrol Leave. During the period of leave without pay, the employee retains all accumulated annual and sick leave, retirement status, and continues to earn time toward seniority, retirement and longevity pay, if otherwise eligible. Continuation in the State's insurance programs, if elected, shall be granted subject to appropriate insurance program provisions.(4) Additional Leave Related to a Service-Connected Disability. In addition to the sick leave granted under T.C.A. § 8-50-802, an employee veteran with a service-connected disability of thirty percent (30%) or more shall receive thirty-six (36) hours of leave each year to be used to attend appointments related to the service-connected disability. Such leave remaining at the end of the year may not be carried forward to the subsequent year. The year for leave under this provision will run from July 1st to June 30th of each year.
To receive approval, employees requesting such leave shall provide to their agency human resources office information related to the service-connected disability and documentation related to the service-connected disability appointment(s).
Tenn. Comp. R. & Regs. 1120-06-.18
(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. §§ 8-33-105, 8-33-109, 8-50-802, and 42-7-102.