When permission to establish a sick leave bank in a local school system has been granted, the sick leave bank trustees shall be established as follows:

(1) No later than thirty (30) days following the adoption of operating guidelines, the local board of education and the employee organization shall each appoint from their membership two (2) persons to serve as trustees. The fifth trustee must be the director of schools who serves as chair;

Terms Used In Tennessee Code 49-5-804

  • bank: means a local system accounting of voluntarily pooled and irrevocably donated accumulated personal sick leave that is collected for the purpose of providing sick leave to members of the program who have suffered an unplanned personal illness, injury, disability or quarantine and whose personal sick leave is exhausted. See Tennessee Code 49-5-802
  • Employee organization: means any organization with membership open to teachers in which the teachers participate and that exists for the purpose, in whole or in part, of representing teachers' interest to boards of education of local public school systems. See Tennessee Code 49-5-802
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
  • Sick leave: means a designated amount of compensation leave accumulated pursuant to §. See Tennessee Code 49-5-802
  • system: means any local public school system, as defined in §. See Tennessee Code 49-5-802
  • Trustee: A person or institution holding and administering property in trust.
  • trustees: means those persons appointed to administer a local school system sick leave bank. See Tennessee Code 49-5-802
(2) In the event any member is unable to be present at any meeting of the sick leave bank trustees, the member may appoint a representative to serve during a particular meeting if authorization is given in writing by the absent trustee;
(3) In the event the professional employees are recognized for the purpose of negotiating, such recognized professional employees’ organization shall appoint two (2) persons to serve. In the event there is no recognized professional employees’ organization for the purpose of negotiating or the previously recognized organization subsequently loses recognition, the organization that documents the largest number of paid professional employees as members on June 30 past shall be the organization to initially appoint or subsequently reappoint or replace the trustees at the end of a term;
(4) All appointments shall be for three-year staggered terms and can be replaced only because of death, retirement, resignation or discontinuation of employment with the board of education or at the expiration of a term;
(5) Any vacancy shall be filled for the remainder of the term by the appointing authority in the same manner as the original appointments were made;
(6) Trustees are eligible to succeed themselves; and
(7) The four (4) trustees originally appointed by the board of education and the employee organization shall draw lots for two (2) positions for three (3) years, and two (2) positions for two (2) years, to become effective August 1 next. Thereafter all terms begin on August 1.
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