(a) As used in this section, unless the context otherwise requires:
Terms Used In Tennessee Code 8-50-925
bank: means a system of accounting for voluntarily pooled and irrevocably donated accumulated personal sick leave which is collected for the purpose of providing sick leave to members of the program who have suffered a personal illness, surgery, disability or quarantine and whose sick leave is exhausted. See Tennessee Code 8-50-901
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.
Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
participant: means any state employee who has joined the bank by making the initial donation of the minimum number of days necessary and has donated subsequently assessed days. See Tennessee Code 8-50-901
Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
Sick leave: means a designated amount of compensated leave accumulated pursuant to part 8 of this chapter that is granted to a member who through personal illness, injury, disability or quarantine, is unable to perform the duties of the member's state position. See Tennessee Code 8-50-901
(1) “Branch” refers to any one (1) of the campuses governed by the board of trustees of the University of Tennessee which is listed in § 49-9-202;(2) “Faculty” means officers and members of the teaching staffs of the University of Tennessee and the state university and community college system of Tennessee; and(3) “Institution” refers to any one (1) of the campuses governed by the board of regents of the state university and community college system which is listed in § 49-8-101.(b) A sick leavebank may be established at any institution within the state university and community college system of Tennessee, or at any of the branches of the University of Tennessee. To form a sick leave bank at any such institution or branch, a minimum of twenty (20) faculty shall petition the chief executive officer at such institution or branch to authorize and direct the establishment of a sick leave bank.(c) Within thirty (30) days after receipt of the petition, the chief executive officer shall appoint five (5) sick leave bank trustees. At least three (3) of the appointees shall be faculty who devote a majority of their time to classroom instruction. All appointments shall be for three-year terms after an initial appointment term of one (1) year for two (2) trustees, two (2) years for two (2) trustees and three (3) years for one (1) trustee. The sick leave bank trustees shall hold their first meeting and elect a chair within ten (10) days of their appointment. Trustees shall be eligible for reappointment and any vacancy resulting from expiration of a term, retirement, resignation, discontinuation of employment or death shall be filled immediately by the appointing authority.(d)(1) Preparation of the sick leave bank plan shall be the responsibility of the sick leave bank trustees. The plan shall provide for membership eligibility of all faculty at the institution or branch. The trustees shall administer the sick leave bank and approve or reject each request for additional sick leave. All actions by the trustees will require three (3) affirmative votes. It shall be the specific responsibility of the trustees to adopt reasonable rules for assessment or contribution of sick leave days to maintain an adequate reserve of usable days for bank members based upon total membership and projected potential need. The plan prepared by the trustees shall include, but not be limited to, rules on the following subjects:
(A) A thirty-day membership requirement before an individual may apply for bank sick leave days;(B) A requirement that an individual exhaust all accumulated sick leave prior to receiving bank sick leave days;(C) A restriction on the number of days which may be withdrawn from the bank by one (1) member on account of one (1) illness, particularly any known illness at the time the individual elected to participate in the bank;(D) A restriction that bank sick leave shall not be used for elective surgery, or illness of any member of the individual’s family, or during any period an individual is receiving disability benefits from social security or a retirement plan;(E) The procedure and forms to be used when individuals apply for sick leave days;(F) A restriction that initial grants of sick leave to individual applicants shall not exceed twenty (20) consecutive days for which the applicant would have otherwise lost pay, and the procedure for requesting additional sick leave days to a maximum of sixty (60) days in any fiscal year, or ninety (90) days for any one (1) illness, or recurring diagnosed illness, or accident;(G) A procedure for family members or agents making a request on behalf of an individual participant when that individual is physically or mentally unable to apply for sick leave;(H) Any circumstance that would require a physician’s certification of illness or condition, the procedures to be followed by the individual applicant, and a clear statement that refusal to submit a physician’s statement will result in denial of the application for bank sick leave days;(I) Loss of the right to apply for bank sick leave because of resignation or termination of employment, retirement, cancellation of membership, refusal to honor sick leave bank trustee assessments of sick leave from individuals, or being on leave of absence in a non-pay status for reasons other than illness, injury, or disability;(J) An annual enrollment period for new members; and(K) Conditions for withdrawal of membership with a clear provision that assessed or contributed days are nonrefundable and nontransferable.(2) Grants of sick leave from the bank shall not be conditioned upon repayment of days used or waiver of other employment benefits or rights provided by the applicable institution or branch. The trustees shall act affirmatively or negatively on all applications within ten (10) calendar days of receipt of the application. All records of the sick leave bank and minutes of trustee meetings shall be kept by the personnel office of the institution or branch.(e) Within sixty (60) days after appointment, the trustees shall submit the proposed sick leave plan rules to the chief executive officer to determine whether the plan as submitted by the trustees is consistent with this section. The chief executive officer may direct the trustees to make changes in the plan if such changes are necessary to the operation of the bank or are required by law. The chief executive officer shall establish the effective date of operation of the bank, such date to be not later than one hundred eighty (180) days after the date of receipt of the original petition by the faculty to create the bank.(f) The sick leave bank trustees shall notify all faculty of their eligibility to participate in the bank and the enrollment period. Enrollment forms, notices, copies of the final plan and rules adopted by the trustees shall be made available to all faculty at least thirty (30) days prior to the established effective date for the plan. The initial enrollment period shall last for a minimum of forty-five (45) days from the date membership materials are available to faculty. Any eligible person electing to participate by filing the required enrollment forms shall donate a maximum of three (3) days of accumulated sick leave as the initial enrollment assessment. Such donation of sick leave shall be deducted from the person’s personal accumulated sick leave and shall be nonrefundable.(g) In the event that dissolution of the sick leave bank becomes necessary because the institution or branch is closed, or because membership in the bank falls below twenty (20) individuals, the total days on deposit shall be returned to the participating members at the time of the dissolution and credited to their personal sick leave accumulation in proportion to the number of days each has contributed individually. Days returned and credited to an individual shall be rounded to the nearest one-half (½) day.
