Official Summary Text
LEGISLATIVE
BRANCH OFFICERS AND EMPLOYEES
This bill authorizes volunteer leave t
o each officer and employee
of the legislative branch of state government
who is scheduled to work 1,600 hours or more in a fiscal year, whether compensated on an annual, hourly, daily,
monthly, or other basis, at the rate of 15 hours per year on the service anniversary date of the employee following one full year of consecutive full-time service and at the beginning of each subsequent year, at the discretion of the head of the departmen
t
or agency and with the approval of the commissioner of human resources
.
OTHER OFFICERS AND EMPLOYEES OF STATE GOVERNMENT
This bill authorizes volunteer leave t
o each state officer and employee other than individuals described
above
who is scheduled to work 1,600 hours or more in a fiscal year, whether compensated on an annual, hourly, daily, monthly, or other basis, at the rate of 1
5
hours per year on the service anniversary date of the employee following one full year of consecutive full-time service and at the beginning of each subsequent year, at the discretion of the head of the department or agency and with the approval of the commissioner of human resources. For purposes of this
provision
, service anniversary dates must be adjusted to account for gaps in paid employment as a state employee.
NON-CUMULATIVE BENEFIT
–
TEMPORARY EMPLOYEES EXCLUDED
This bill requires volunteer leave for state employees to be
considered a non-cumulative benefit for all earned days not used. Saturdays, Sundays, and of
ficial holidays falling within a leave period must not be charged as leave, unless such days are considered workdays for the employee in the employee's particular assignment. Part-time employees, employees holding temporary positions for less than six mo
n
ths, seasonal employees, and emergency employees in the preferred service are expressly excluded from
the volunteer leave described in the paragraphs above.
AUTHORIZED USES FOR VOLUNTEER LEAVE
This bill requires volunteer leave for state employees to on
ly
be used for absence from duty because of non-state Tennessee community commitments and obligations, such as activities with nonprofit organizations, schools, or community initiatives, as a non-paid volunteer following prior approval from a direct superv
isor as the attendance of the employee is necessary for the volunteer activities, except as otherwise provided in this
bill
.
PROCESS TO REQUEST VOLUNTEER LEAVE
This bill requires a
n employee utilizing volunteer leave
to
submit formal written verification of hours dedicated to volunteering at the pre-approved commitment location to the direct supervisor or in a manner prescribed by the department of human resources within seven days after the usage date.
This bill requi
res
a
n employee utilizing volunteer leave
to
abide by the standards outlined in the most recently published State of Tennessee
–
Code of Conduct, particularly Standard 3, which asserts that clear distinctions must be made between comments, statements, or a
ctions made as a private individual and as a representative of Tennessee. Further, employees utilizing volunteer leave
must
not speak on behalf of their respective department or agency without prior authorization to do so. Employees utilizing volunteer l
eave
must
not make unauthorized commitments or promises of any kind purporting to bind the department or agency.
This bill requires the
eligible employee
to
provide the appropriate appointing authority with not less than 14 days' notice. If the eligible
employee learns of the need for leave less than 14 days in advance, the employee must give notice as soon as reasonably possible and the deciding supervisor may still approve the request so long as taking the leave will not disrupt the employee's normal
j
ob duties.
As used in this bill,
"eligible employee" means an employee who has been employed full-time with this state for at least 12 months with
the following entities:
T
he executive branch and all boards, commissions
,
and agencies
;
The legislative branch of state
;
The judicial branch of state government
;
The office of the secretary of state
;
The office of the state treasurer
;
The office of the comptroller of the treasury
;
The office of the attorney general
;
The offices of the district attorneys general and the district public defenders
;
The schools, institutions, and entities governed by the state university boards, the board of regents, and the board of trustees of the University of Tennessee
;
the Tennessee School for the Blind, Tennessee School for the Deaf, West Tennessee School for the Deaf, Alvin C. York Institute
;
and any other special school
;
Any administrative boards and commissions
;
The Tennessee higher education commission
;
The Tennessee advisory commission on intergovernmental relations
;
The Tennessee housing development agency
; and
The Tennessee rehabilitative initiative in correction board
.
ADMINISTRATION OF VOLUNTEER LEAVE
This bill prohibits volunteer l
eave used by an eligible employee
from being
charged against sick, annual, or other
leave the employee may have accumulated. Volunteer leave must be administered in alignment with the existing state leave policies and must not affect sick leave, annual leave, or other benefits.
Volunteer l
eave may be used intermittently
but
must not re
sult in a reduction in the total amount of leave to which the eligible employee is entitled under this
bill
beyond the amount of leave actually taken.
This bill provides that a
n eligible employee who exercises the employee's right to leave under
this bil
l
, upon the expiration of that leave, is entitled to be restored to the position held by the eligible employee when the leave commenced, or to a position with equivalent seniority, status, employment benefits, pay, and other terms and conditions of employm
ent, including fringe benefits to which the eligible employee had been entitled at the commencement of leave.
During leave taken pursuant to this
bill
,
this bill requires
the employer
to
maintain healthcare benefits the eligible employee had prior to taking such leave for the duration of the leave as if the eligible employee had continued in employment continuously from the date the eligible employee commenced the leave until the date th
e
leave terminated
if
the eligible employee continue
s
to pay the eligible employee's share of the cost of the health benefits as required prior to the commencement of the leave.
This bill provides that i
t is unlawful for an employer or a person to interfe
re with, restrain, or deny the exercise of, or the attempt to exercise, a right protected under this
bill
without proper cause and explanation as part of the supervisor approval process as described in
this bill.
An employer
must
not take retaliatory pers
onnel action or otherwise discriminate against a person because the employee exercised rights protected under this
bill
. It is unlawful for an employer to count paid leave under this
bill
as an act that may lead to or result in discipline, discharge, demo
tion, suspension, or other adverse action. Violations of this section by an employer may result in administrative penalties as determined by the department of human resources.
PROCEDURES AND POLICIES FOR EXECUTIVE BRANCH AGENCIES
This bill requires t
he
department of human resources
to
establish procedures and policies implementing this
bill
with regard to executive branch agencies. With regard to nonexecutive branch agencies, the equivalent of the agency's human resources office
must
establish procedur
es and policies for implementing this
bill
, as applicable.
Current Bill Text
Read the full stored bill text
SENATE BILL 808
By Yarbro
HOUSE BILL 632
By Clemmons
HB0632
001890
- 1 -
AN ACT to amend Tennessee Code Annotated, Title 8,
relative to paid volunteer leave.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 8, Chapter 50, Part 8, is amended by
adding the following new section:
(a)
(1) Volunteer leave may be granted:
(A) To each officer and employee described in § 8-30-102(b)(1)
who is scheduled to work one thousand six hundred (1,600) hours or
more in a fiscal year, whether compensated on an annual, hourly, daily,
monthly, or other basis, at the rate of fifteen (15) hours per year on the
service anniversary date of the employee following one (1) full year of
consecutive full-time service and at the beginning of each subsequent
year, at the discretion of the head of the department or agency and with
the approval of the commissioner of human resources; and
(B) To each state officer and employee other than individuals
described in § 8-30-102(b)(1) who is scheduled to work one thousand six
hundred (1,600) hours or more in a fiscal year, whether compensated on
an annual, hourly, daily, monthly, or other basis, at the rate of fifteen (15)
hours per year on the service anniversary date of the employee following
one (1) full year of consecutive full-time service and at the beginning of
each subsequent year, at the discretion of the head of the department or
- 2 - 001890
agency and with the approval of the commissioner of human resources.
For purposes of this subdivision (a)(1)(B), service anniversary dates must
be adjusted to account for gaps in paid employment as a state employee.
(2) Volunteer leave must be considered a non-cumulative benefit for all
earned days not used. Saturdays, Sundays, and official holidays falling within a
leave period must not be charged as leave, unless such days are considered
workdays for the employee in the employee's particular assignment. Part-time
employees, employees holding temporary positions for less than six (6) months,
seasonal employees, and emergency employees in the preferred service are
expressly excluded from this subsection (a).
(3) Volunteer leave may only be used for absence from duty because of
non-state Tennessee community commitments and obligations, such as activities
with nonprofit organizations, schools, or community initiatives, as a non-paid
volunteer following prior approval from a direct supervisor as the attendance of
the employee is necessary for the volunteer activities, except as otherwise
provided in this section.
(4) An employee utilizing volunteer leave shall submit formal written
verification of hours dedicated to volunteering at the pre-approved commitment
location to the direct supervisor or in a manner prescribed by the department of
human resources within seven (7) days after the usage date.
(5) An employee utilizing volunteer leave shall abide by the standards
outlined in the most recently published State of Tennessee – Code of Conduct,
particularly Standard 3, which asserts that clear distinctions must be made
between comments, statements, or actions made as a private individual and as a
representative of Tennessee. Further, employees utilizing volunteer leave shall
- 3 - 001890
not speak on behalf of their respective department or agency without prior
authorization to do so. Employees utilizing volunteer leave shall not make
unauthorized commitments or promises of any kind purporting to bind the
department or agency.
(b) The eligible employee must provide the appropriate appointing authority with
not less than fourteen (14) days' notice. If the eligible employee learns of the need for
leave less than fourteen (14) days in advance, the employee must give notice as soon
as reasonably possible and the deciding supervisor may still approve the request so long
as taking the leave will not disrupt the employee's normal job duties.
(c) Leave used by an eligible employee pursuant to this section must not be
charged against sick, annual, or other leave the employee may have accumulated.
Volunteer leave must be administered in alignment with the existing state leave policies
and must not affect sick leave, annual leave, or other benefits.
(d) Leave taken under this section may be used intermittently pursuant to this
part and must not result in a reduction in the total amount of leave to which the eligible
employee is entitled under this section beyond the amount of leave actually taken.
(e) An eligible employee who exercises the employee's right to leave under this
section, upon the expiration of that leave, is entitled to be restored to the position held by
the eligible employee when the leave commenced, or to a position with equivalent
seniority, status, employment benefits, pay, and other terms and conditions of
employment, including fringe benefits to which the eligible employee had been entitled at
the commencement of leave.
(f) During leave taken pursuant to this section, the employer shall maintain
healthcare benefits the eligible employee had prior to taking such leave for the duration
of the leave as if the eligible employee had continued in employment continuously from
- 4 - 001890
the date the eligible employee commenced the leave until the date the leave terminated;
provided, however, that the eligible employee must continue to pay the eligible
employee's share of the cost of the health benefits as required prior to the
commencement of the leave.
(g) It is unlawful for an employer or a person to interfere with, restrain, or deny
the exercise of, or the attempt to exercise, a right protected under this section without
proper cause and explanation as part of the supervisor approval process as described in
subdivision (a)(3). An employer shall not take retaliatory personnel action or otherwise
discriminate against a person because the employee exercised rights protected under
this section. It is unlawful for an employer to count paid leave under this section as an
act that may lead to or result in discipline, discharge, demotion, suspension, or other
adverse action. Violations of this section by an employer may result in administrative
penalties as determined by the department of human resources.
(h) The department of human resources shall establish procedures and policies
implementing this section with regard to executive branch agencies. With regard to
nonexecutive branch agencies, the equivalent of the agency's human resources office
shall establish procedures and policies for implementing this section, as applicable.
(i) As used in this section, "eligible employee" means an employee who has
been employed full-time with this state for at least twelve (12) months with an entity
described in § 8-30-102(a) or § 8-30-102(b).
SECTION 2. For purposes of promulgating rules and carrying out administrative duties
necessary to effectuate the provisions and intent of this act, this act takes effect upon becoming
a law, the public welfare requiring it. For all other purposes, including eligibility for leave under
this act, this act takes effect on July 1, 2025, the public welfare requiring it.