(a) Each officer and employee of the several departments and agencies of the state government who is scheduled to work one thousand six hundred (1,600) hours or more in a fiscal year, whether compensated on hourly, daily, monthly or on a piecework basis, shall be granted absence from work with pay based upon that officer’s or employee’s accrued annual leave, the time and amount of absence to be approved at the discretion of the head of the department or agency and subject to audit by the commissioner of human resources.
Terms Used In Tennessee Code 8-50-801
Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
Commissioner: means any person in office as a member of the public service commission, as prescribed by title 65, chapter 1, prior to June 30, 1996. See Tennessee Code 8-34-101
Creditable service: means prior service plus membership service, as provided in part 6 of this chapter. See Tennessee Code 8-34-101
Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
Public school: means any school conducted within the state under the authority and supervision of a duly elected or appointed city or county school board, and any educational institution supported by and under the control of the state. See Tennessee Code 8-34-101
Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §. See Tennessee Code 8-34-101
(b) An eligible employee shall accrue annual leave based on the total creditable service as follows:
(1) Any officer or employee who has less than five (5) years of full-time service and was not in the active employment of the state of Tennessee on July 1, 1969, shall accrue annual leave at the rate of one (1) day for each month of service or major fraction thereof, and may accumulate a maximum of thirty (30) work days;(2) Any officer or employee who has less than five (5) years of full-time service and was an active employee of the state of Tennessee on July 1, 1969, and has had continuous employment since July 1, 1969, shall accrue annual leave at the rate of one and one-half (1½) days for each month of service or major fraction thereof, and may accumulate a maximum of thirty-six (36) work days;(3) Any officer or employee who has five (5) years and less than ten (10) years of full-time service shall accrue annual leave at the rate of one and one-half (1½) days for each month of service or major fraction thereof and may accumulate a maximum of thirty-six (36) work days;(4) Any officer or employee who has ten (10) years and less than twenty (20) years of full-time service shall accrue annual leave at the rate of one and three-quarters (1¾) days for each month of service or major fraction thereof and may accumulate a maximum of thirty-nine (39) work days; and(5) Any officer or employee who has twenty (20) years or more of full-time service shall accrue annual leave at the rate of two (2) days for each month of service or major fraction thereof and may accumulate a maximum of forty-two (42) work days.(c) Saturdays, Sundays and official holidays shall not be counted in computing the period of time to which an officer or employee is entitled, unless such days are considered as work days for the employee in the employee’s particular assignment.(d)(1) For purposes of determining accrual rates and maximum accrual limits, one thousand nine hundred fifty (1,950) hours shall constitute a full-time work year. Any month, which was part of a one thousand six hundred (1,600) hour or greater annual schedule, in which an eligible employee is scheduled to work a full month, and actually works one tenth (1/10) of one (1) hour more than one half (½) the scheduled hours, shall be creditable for purposes of subdivisions (b)(1)-(5).(2) For individuals holding full-time positions in the department of education which require three (3) years’ experience as a certified professional employee in a Tennessee public school system, prior teaching or administrative experience in Tennessee public schools shall be creditable for purposes of subdivisions (b)(1)-(5), not to exceed three (3) years.(e) Part-time employees, employees holding temporary positions for less than six (6) months, seasonal employees, and emergency employees in the state service are expressly excluded from the provisions hereof.(f) An eligible employee who is compensated for overtime work by receiving compensatory time instead of overtime pay shall be entitled, at any time during the year, to use annual time before having to use compensatory time when the employee has accumulated annual time within two (2) days of the maximum annual time the employee is allowed to accumulate in such employee’s service group code.
