Personnel - Leave Policies
Sick Leave (6.22.10)
PROCEDURE
Tennessee State University protects all regular fulltime
and parttime employees against loss of earnings due to illness,
injury or incapacity to work, including illness or incapacity
to work due to pregnancy, and to provide time off to employees
in the event of serious illness or death of certain family members.
I. Eligibility to Accrue Sick Leave
A. Regular fulltime employees and academic personnel, regardless
of probationary status, shall be eligible to accrue sick leave.
B. Regular parttime employees, including academic personnel
scheduled to carry less than a full teaching load or its equivalent,
regardless of probationary status, shall be eligible to accrue
sick leave on a prorated basis equal to the percentage of their
employment to fulltime employment.
C. Temporary employees shall not be eligible to accrue sick leave.
Temporary employees who are subsequently appointed as regular
employees with no break in service shall become eligible to accrue
sick leave and shall receive sick leave balances accrued retroactively
from the date of employment.
D. All fulltime and parttime employees who are employed
pursuant to funds available to the University through grants or
contracts are not eligible to accrue sick leave unless the grant
or contract involved provides sufficient funds to cover the costs
of such leave or unless eligibility to accrue sick leave is approved
by the President.
E. Student employees shall not be eligible to accrue sick leave.
II. Eligibility and Rate for Accrual for Sick Leave
A. Regular fulltime personnel and fulltime academic
personnel, whether employed on a twelvemonth or ninemonth
service basis, shall accrue sick leave at the rate of 7.5 hours
(1 day) for each month of actual service. Under no circumstances
may a regular fulltime employee earn more than 90 hours
(12 days) of sick leave per year.
B. Regular parttime personnel and parttime academic
personnel, whether employed on a twelvemonth or ninemonth
service basis, shall accrue sick leave on a prorated basis equal
to the percentage of their employment compared to fulltime
employment.
C. Accrued days of sick leave shall be cumulative for all days
not used.
D. Eligible employees shall accrue sick leave from the date of
employment. (See Section I. item C, providing for retroactive
credit for temporary employees who subsequently become eligible
to accrue sick leave.)
E. Eligible employees earn and accrue sick leave for each month
upon completion of service for a major fraction thereof.
F. MODFY employees who are employed during the period which would
normally be the nonduty period of their appointment shall
accrue sick leave at the rate of 7.5 hours for each month of fulltime
employment. For parttime employment during that period,
MODFY employees shall accrue sick leave on a prorated basis in
accordance with item B of this section.
G. Notwithstanding any other provision herein which might be construed
to the contrary, regular ninemonth academic personnel shall
accrue 67.5 hours (9 days) sick leave for fulltime employment
for a full academic year and 22.5 hours (3 days) of sick leave
for fulltime employment throughout summer sessions.
H. Employees otherwise eligible to earn sick leave do not earn
or accrue sick leave while on leave of absence.
III. Use of Sick Leave
A. Sick leave is generally applicable to absences due to illness
or injury to an employee, including illness or incapacity to work
due to pregnancy, medical examinations and dental appointments.
B. Where an employee must be absent because of serious illness
in the immediate family, sick leave may be granted by the appropriate
approving authority. For purposes of this section, "immediate
family" shall be deemed to include: (1) spouse; (2) children,
stepchildren; (3) parents, stepparents, foster parents
and parentsinlaw; (4) sibling; and (5) other members
of the family who reside within the home of the employee.
C. In instances of death of a member of the immediate family as
defined in TBR Policy No. 5:01:01:09 Bereavement Leave,
sick leave may be granted at the discretion of the appropriate
approving authority for a maximum of 15 hours (2 days) after the
three day bereavement leave has been used. In instances of death
of one of the following relatives, sick leave may be granted at
the discretion of the appropriate approving authority for a maximum
of 22.5 hours (3 days): (1) grandparents; (2) grandchildren; (3)
sons- and daughtersinlaw; (4) brothers- and sistersinlaw;
(5) foster brothers and sisters; and (6) other members of the
family who reside within the home.
D. Sick leave may not be advanced.
E. Sick leave may not be used by ninemonth academic personnel
for absences due to illness or injury during a summer session
unless the employee has been physically present and actually commenced
employment for the term in question.
F. Upon prior approval of the Chancellor, an employee who is injured
in the line of duty as a result of the commission of an assault
upon him or her which disables the employee from performing regular
duties, may be retained on the regular payroll for a period not
to exceed fourteen days without being required to use any accrued
sick leave. The length of time for such retention on the payroll
shall be based upon a written statement from the attending physician
that the employee is unable to perform regular duties.
IV. Physician's Statement or other Certification
An employee may be required to present evidence in the form of
personal affidavits, physician's certificates or other testimonials
in support of the reason for sick leave upon request of the supervisor
or an appropriate approving authority. Sick leave may not be denied
where an employee furnishes an acceptable statement from a licensed
physician or accredited Christian Science practitioner, provided
the supervisor or approving authority may require additional documentation
or statements from other physicians or accredited practitioners.
V. Exhaustion of Sick Leave
When the illness, injury or disability of an employee continues
beyond the period of accumulated sick leave, the employee shall
use any accumulated annual leave for continued absence. However,
in cases of worker's compensation, an employee may choose to be
placed on leave of absence and retain sick and/or annual leave.
When an employee has exhausted all accumulated sick and annual
leave, he or she may be placed on leave of absence, if requested
and found to be justifiable. (TBR Policy No. 5:01:01:03)
VI. Separation of Employees with Accrued Sick Leave
Upon termination of employment, accumulated sick leave shall not
be used as terminal leave and the employee shall not be entitled
to any lump sum payment for accumulated sick leave. If an employee
is transferring to another state agency, accumulated sick leave
shall be transferred according to Leave Transfer between TBR Institutions
and State Agencies. (TBR Policy No. 5:01:01:06)
If an employee leaves the System or any other state service in
good standing after having worked on a fulltime continuous
basis for at least one full year and thereafter returns to service
with the System on a fulltime basis, the employee shall
immediately be credited with all sick leave to which entitled
at the time of the previous termination. If the employee has had
any interim employment with the System or any other agency of
the State of Tennessee of less than one year, the employee shall
not be disqualified from receiving credit for sick leave to which
they are entited because of prior employment with the state.
Notwithstanding the above paragraph, if any state employee or
teacher employed by a local school board in Tennessee leaves the
employment of the state or the Board in good standing and becomes
a full time state employee within six (6) months of the date of
termination, the employee shall immediately be credited with all
sick leave to which he or she was entitled at the time of the
previous termination.
TCRS member employees who terminate due to retirement shall have
all unused accumulated sick leave credited toward retirement.
VII. Death of Employees with Accrued Sick Leave
Effective June 3, 1981, the estate or designated beneficiary of
any employee, upon the employee's death, shall be paid for the
employee's unused and accrued sick leave in the same manner as
the estates of deceased employees are paid for annual leave.
REFERENCE
Tennessee Board of Regents Policy No. 5:01:01:09;
Policy No. 5:01:01:03 and
Policy No. 5:01:01:06