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HB2540 • 2026

State Employees

AN ACT to amend Tennessee Code Annotated, Title 4; Title 8; Section 41-24-113 and Section 70-1-309, relative to state employees.

Education Labor
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Lamberth, Johnson
Last action
2026-04-15
Official status
Sponsor(s) Added.
Effective date
Not listed

Plain English Breakdown

The bill text is incomplete, making some sections difficult to fully understand and verify.

Changes for State Employees

This bill modifies various aspects of state employment in Tennessee by altering requirements related to job postings and hiring processes.

What This Bill Does

  • Allows the commissioner of human resources more flexibility in performing certain duties instead of requiring them.
  • Removes the requirement that job openings be advertised at least one week before applications close.
  • Eliminates rules about reassigning executive service employees to preferred service positions and dismissing those who do not meet qualifications.
  • Adds a reason for rejecting job applications if someone uses it to harass or abuse others during the hiring process.
  • Removes requirements for maintaining pools of candidates for various jobs.

Who It Names or Affects

  • State employees in Tennessee
  • The Department of Human Resources

Terms To Know

Commissioner of Human Resources
A person who oversees the hiring and management of state workers.
Preferred Service Employees
State employees in a specific category with certain benefits and protections.

Limits and Unknowns

  • The bill does not specify how much it will cost to implement.
  • It is unclear what the impact on job security for state workers will be.
  • Some parts of the bill are incomplete or cut off, so their full effects are unknown.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Amendment 1-0 to HB2540

Plain English: House State & Local Government 1 Amendment No.

  • House State & Local Government 1 Amendment No.
  • 1 to HB2540 Crawford Signature of Sponsor AMEND Senate Bill No.
  • 1873* House Bill No.
  • 2540 HA0786 016318 - 1 - by deleting all language after the enacting clause and substituting: SECTION 1.
Amendment 2-0 to HB2540

Plain English: House Government Operations 1 Amendment No.

  • House Government Operations 1 Amendment No.
  • 2 to HB2540 Lafferty Signature of Sponsor AMEND Senate Bill No.
  • 1873* House Bill No.
  • 2540 HA0899 016802 - 1 - by deleting all language after the enacting clause and substituting: SECTION 1.
Amendment 1-0 to SB1873

Plain English: Senate State and Local Government 1 Amendment No.

  • Senate State and Local Government 1 Amendment No.
  • 1 to SB1873 Briggs Signature of Sponsor AMEND Senate Bill No.
  • 1873* House Bill No.
  • 2540 SA0864 016318 - 1 - by deleting all language after the enacting clause and substituting: SECTION 1.
Amendment 2-0 to SB1873

Plain English: Senate Finance, Ways, and Means 1 Amendment No.

  • Senate Finance, Ways, and Means 1 Amendment No.
  • 2 to SB1873 Watson Signature of Sponsor AMEND Senate Bill No.
  • 1873* House Bill No.
  • 2540 SA0989 016802 - 1 - by deleting all language after the enacting clause and substituting: SECTION 1.

Bill History

  1. 2026-04-17 Tennessee General Assembly

    Sponsor(s) Added.

  2. 2026-04-16 Tennessee General Assembly

    Engrossed; ready for transmission to House

  3. 2026-04-16 Tennessee General Assembly

    Passed Senate as amended, Ayes 23, Nays 4

  4. 2026-04-16 Tennessee General Assembly

    Amendment withdrawn. (Amendment 1 - SA0864)

  5. 2026-04-16 Tennessee General Assembly

    Senate adopted Amendment (Amendment 2 - SA0989)

  6. 2026-04-15 Tennessee General Assembly

    Sponsor(s) Added.

  7. 2026-04-15 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/16/2026

  8. 2026-04-14 Tennessee General Assembly

    H. Placed on Regular Calendar for 4/16/2026

  9. 2026-04-14 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 4/14/2026

  10. 2026-04-14 Tennessee General Assembly

    Rec. for pass; ref to Calendar & Rules Committee

  11. 2026-04-14 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/16/2026

  12. 2026-04-08 Tennessee General Assembly

    Placed on cal. Finance, Ways, and Means Committee for 4/14/2026

  13. 2026-04-08 Tennessee General Assembly

    Rec. for pass by s/c ref. to Finance, Ways, and Means Committee

  14. 2026-04-07 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 10, Nays 1 PNV 0

  15. 2026-04-01 Tennessee General Assembly

    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/8/2026

  16. 2026-04-01 Tennessee General Assembly

    Assigned to s/c Finance, Ways, and Means Subcommittee

  17. 2026-04-01 Tennessee General Assembly

    Placed on Senate Finance, Ways, and Means Committee calendar for 4/7/2026

  18. 2026-03-30 Tennessee General Assembly

    Rec. for pass. if am., ref. to Finance, Ways, and Means Committee w/ a negative recommendation

  19. 2026-03-25 Tennessee General Assembly

    Placed on cal. Government Operations Committee for 3/30/2026

  20. 2026-03-24 Tennessee General Assembly

    Rec. for pass. if am., ref. to Government Operations Committee

  21. 2026-03-24 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Finance, Ways, and Means Committee Ayes 7, Nays 2 PNV 0

  22. 2026-03-18 Tennessee General Assembly

    Placed on cal. State & Local Government Committee for 3/24/2026

  23. 2026-03-18 Tennessee General Assembly

    Rec for pass if am by s/c ref. to State & Local Government Committee

  24. 2026-03-18 Tennessee General Assembly

    Placed on Senate State and Local Government Committee calendar for 3/24/2026

  25. 2026-03-17 Tennessee General Assembly

    Action deferred in Senate State and Local Government Committee to 3/24/2026

  26. 2026-03-11 Tennessee General Assembly

    Placed on s/c cal Public Service Subcommittee for 3/18/2026

  27. 2026-03-11 Tennessee General Assembly

    Placed on Senate State and Local Government Committee calendar for 3/17/2026

  28. 2026-03-04 Tennessee General Assembly

    Action Def. in s/c Public Service Subcommittee to 3/18/2026

  29. 2026-02-25 Tennessee General Assembly

    Placed on s/c cal Public Service Subcommittee for 3/4/2026

  30. 2026-02-10 Tennessee General Assembly

    Sponsor(s) Added.

  31. 2026-02-05 Tennessee General Assembly

    Assigned to s/c Public Service Subcommittee

  32. 2026-02-05 Tennessee General Assembly

    P2C, ref. to State & Local Government Committee - Government Operations for Review

  33. 2026-02-04 Tennessee General Assembly

    Intro., P1C.

  34. 2026-02-03 Tennessee General Assembly

    Filed for introduction

  35. 2026-02-02 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate State and Local Government Committee

  36. 2026-01-22 Tennessee General Assembly

    Introduced, Passed on First Consideration

  37. 2026-01-21 Tennessee General Assembly

    Filed for introduction

Official Summary Text

Present law requires the commissioner of human resources ("commissioner") to perform certain human resources functions authorized in present law if requested by state organizations. This bill, instead, authorizes the commissioner to perform such functio
ns, rather than requires.

JOB OPENINGS

Present law requires the commissioner to give public notice of a job opening at least one week prior to the closing of the application period. This bill eliminates that requirement.

REASSIGNED INCUMBENT EMPLOYEES

Present law authorizes an incumbent employee in an executive service position that is reassigned to the preferred service to be given a noncompetitive assessment. The commissioner must certify that the employee has met the minimum qualifications to reta
in the position. Upon such certification, the employee must be classified as a preferred service employee. However, an employee who is not certified must be dismissed from the position no later than 60 days after certification if the minimum qualificati
on
s are not met. This bill eliminates the present law described in this paragraph.

REJECTION OF APPLICATIONS

Present law authorizes the commissioner to reject the application of any person for admission to an assessment or to strike the name of a person from a pool if the department of human resources ("department") makes certain determinations. This bill adds
that an application may be rejected if the department determines that an applicant has used the application to harass, intimidate, or abuse the hiring process or persons involved in the hiring process.

POOL OF CANDIDATES

Present law requires the commissioner to establish and maintain a pool of candidates for various classes of positions as the commissioner deems necessary. This bill eliminates that requirement.

FILLING POSITIONS

Present law establishes the process for filling a position in a preferred service position by an appointing authority. This bill eliminates such process.

Present law authorizes the commissioner to adopt appropriate procedures for filling positions involving basic clerical, unskilled or semiskilled labor, or domestic, attendant, or custodial work. This bill, instead, requires the commissioner to adopt appr
opriate procedures for filling positions where education or certification is not necessary. The commissioner may also provide input on all contracts with the private sector to fill such positions, including involvement in communications with an employee
wh
ose job may be terminated as the result of a contract with a private party.

DISCIPLINE BY SUPERVISORS

Present law makes a supervisor responsible for maintaining the proper job performance level, conduct, and discipline of the employees under their supervision. Supervisors may administer disciplinary action when necessary, at the step appropriate to the
infraction, conduct, or performance. Any written warning or follow-up is void after two years if an employee has no additional disciplinary action. Further, at the employee's request, written warnings or follow-ups may be removed from the employee's per
so
nnel file. This bill eliminates the described provisions regarding the voidance or removal of written warnings in a personnel file.

SALARY ADVANCEMENT

Present law grants an automatic two-step salary advancement to any administrative assistant or administrative professional that passes the certified administrative professional examination. This bill eliminates that automatic pay increase.

COUNSELORS, SOCIAL WORKERS, AND THERAPISTS IN CERTAIN INSTITUTIONS

Present law prohibits persons from being hired for a position as a counselor in any educational or correctional institution unless that person possesses adequate training and competence in the field of counseling. This bill eliminates that prohibition.

Present law prohibits a person from holding a position as a social worker in any mental health institution unless that person possesses adequate training and competence in the field of social work. This bill eliminates that prohibition.

This bill requires the department to establish job classifications for marital and family therapists. This bill eliminates that requirement.

EMPLOYEE APPEAL PROCEDURE

Present law establishes a board of appeals within the department to hear appeals from employees, other than executive service employees. This bill eliminates the board of appeals and makes related changes to the employee appeal procedure. The employee
appeal procedure in present law establishes a three-step procedure for an appeal concerning the application of a law, rule, or policy to the dismissal, demotion, or suspension of an employee. Step I requires the appealing employee to appeal in writing an
d
file such writing with the appealing employee's appointing authority. The appointing authority is required to issue a decision on the appeal within 20 days. Step II of the appeal process allows the appealing employee to file an appeal with the commissio
ner if the appointing authority does not find in favor of the employee or does not issue a timely decision. The commissioner must issue a decision in writing within 30 days. Present law also provides for Step III of the appeals process, which allows an
ap
pealing employee to appeal a Step II decision to the board of appeals within the department.

This bill leaves Steps I and II of the employee appeal process unchanged. However, it does eliminate Step III of the process. Therefore, employees may no longer appeal the decision of the commissioner to the board of appeals.

CALCULATION OF TIME

Present law provides the method for the computation of time for the purposes of the system of personnel administration for state employees. This bill replaces the current computation method. This bill provides that, when calculating a time period, the
day an event or action occurs is not included. If the final day is on a Saturday, Sunday, or holiday, or a day the relevant office is closed, then the deadline extends to the next business day. This bill clarifies that, if a time period is shorter than
11
days, each Saturday, Sunday, holiday, or day on which the relevant office is closed does not count toward the time period.

EMPLOYEE ASSOCIATIONS

Present law authorizes employees of a state agency to
authorize deductions from the employee's compensation to pay membership dues to certain employee associations. Present law provides that it is gross misconduct for any employee of this state to a participate or encourage work stoppage. An employee who c
ommits such misconduct permanently forfeits the right to authorize payroll deductions for employee associations and may be subject to immediate termination. This bill eliminates all of the present law provisions regarding payroll deductions for state emp
lo
yees.

Present law authorizes the chief elected officer of any employee association that qualifies for payroll deductions to take up to a two-year leave of absence without pay upon application to the employee's department head. This bill eliminates the allowan
ce for the two-year leave of absence.

Present law authorizes employees to use two days of their accrued annual leave to attend a statewide meeting, conference, or convention of an employee association that qualifies for payroll deductions. This bill eliminates that allowance.

Present law provides the rights of employees of the state who become employees of a private contractor pursuant to a private contract for correctional services. This bill removes the requirement that such an employee be allowed to pay dues to a qualifie
d employee organization through payroll deduction.

Present law requires the department to afford representatives of recognized employee groups an opportunity to provide input on a proposes system of job performance evaluations. This bill eliminates that requirement.

ANNUAL/SICK LEAVE

Present law authorizes an employee to be required to present evidence to support the reason for any absence during the time for which sick leave was taken. Sick leave may not be denied if an employee provides a statement from a licensed physician or Chr
istian Science practitioner. However, if there is substantial evidence of sick leave abuse by an employee, present law authorizes he appointing authority to require additional documentation. This bill clarifies that the appointing authority has discreti
on
to approve or to deny additional sick leave when there is evidence of sick leave abuse.

Present law requires adoptive parents to be granted 12 weeks of special leave. This bill eliminates such special leave requirement.

Present law requires all persons entitled to terminal leave who are subject to the state retirement system or teachers' retirement system to be compensated for their terminal leave prior to the effective date of their retirement. This bill eliminates th
at requirement.

Present law requires the estate of any employee to be compensated for the employee's unused and accrued sick leave in the same manner that estates are compensated for terminal leave. This bill eliminates that requirement.

Present law authorizes a state employee who is a certified disaster service volunteer of the American Red Cross to be granted leave from work with pay for up to 15 work days to participate in specialized disaster relief services for the American Red Cros
s. This bill, instead, authorizes all state employees to be granted up to five days of leave with pay to participate in disaster relief effort in the event of a natural disaster and the declaration of a state of emergency by the governor.

Present law requires an eligible employee be granted absence from work with pay for six workweeks because of the birth of the employee's child or because of the placement of a child with the employee for adoption. This bill also requires that an eligibl
e employee be granted up to six workweeks of leave to care for a family member with a serious health condition.

SICK LEAVE BANK

Present law authorizes the establishment of a sick leave bank and describes requirements for the trustees of the sick leave bank. This bill requires the board of trustees to be composed of the commissioners of human resources and of finance and administ
ration, the state treasurer, the executive director of the fiscal review committee, or their designees, and three members from each grand division. The members from the grand division must be employed by a different department or agency and must be appoi
nt
ed by the commissioner. Further, this bill eliminates the requirement that the trustees draw lots to determine their term lengths.

Present law describes when a state employee who has joined the sick leave bank loses the right to obtain the benefits from the bank. This bill clarifies that an employee loses the right to obtain such benefits when they are on an approved leave of absenc
e.

TENNESSEE STATE EMPLOYEES ASSOCIATION

This bill requires authorized representatives of the Tennessee state employees association to have access to state employees in nonwork areas during, before, and after regular working hours, provided that there is no disruption to the operation of the wo
rkplace. Further, all state offices and facilities must maintain a bulletin board on which authorized representatives of the Tennessee state employees association may post literature and representatives must be allowed to distribute literature in nonwork
a
reas, provided there is no disruption to the operation of the workplace.

RULEMAKING

This bill authorizes the department to promulgate rules to effectuate this bill.

ON APRIL 16, 2026, THE SENATE ADOPTED
AMENDMENT #2 AND PASSED SENATE BILL 1873, AS AMENDED.

AMENDMENT #2 m
akes technical corrections and clarifications, and makes the following substantive changes to this bill and present law concerning state employees:

(1) Retains present law concerning payroll deduction for payment of membership dues;

(2) For a Step I appeal, requires that all relevant evidence must be provided to the employee no less three business days in advance of the meeting (instead of "in advance of the meeting");

(3) Adds procedures for judicial review of Step II decisions in the courts of M
adison County
(
for the Western Grand Division
),
Williamson County
(
for the Middle Grand Division
), and
Washington County
(
for the Eastern Grand Division
);

(4) Adds that, i
n a Step I appeal the employee may have a representative participate in the appeal
, the
department or agency
is required to
make an audio recording of the proceeding
, and, u
nless otherwise confidential by law, all records relevant to the disciplinary appeal, including the audio recording of a Step 1 appeal, must be made available upon the request of any party at a Step II appeal and for purposes of judicial review
;

(5) Retains present law concerning expungement of a written warning from an employee's personnel file if the employee has no further disciplinary actions for two years;

(6) Retains present law that authorizes an employee to use administrative leave to attend board meetings of an employee association that is qualified for payroll deduction of dues;

(7) Replaces present law requiring that an
employee entitled to annual leave must be compensated upon termination for the employee's unused accrued annual leave, based upon the number of months the employee worked beyond the officer's or employee's service anniversary date
. This amendment instead requires that an
employee entitled to annual leave
m
ust be compensated upon the completion of state service for the employee's unused accrued annual leave, based upon the number of months the employee worked bey
ond the officer's or employee's service anniversary date
;

(8) Adds that, i
n the event no beneficiary is designated, the estate of an employee, upon the employee's death, must be compensated for the employee's unused sick leave in the same manner that the estates of deceased employees are compensated for terminal leave
;

(9) Replaces the present law requirement that an employee sick bank board of trustees include one state employee from each grand division. This amendment instead requires that
one
board seat

is
filled by a preferred service employee
, one by a
n executive service employee
,
and
o
ne
as
an "at-large" position that may be filled by an employee in either the executive or preferred service.
This amendment replaces the present law requirement that such members be elected by an employee organization (and this bill's requirement that the commissioner of human resources appoint such members ). This amendment instead requires the commissioner t
o develop by rule a
procedure for employees to elect these positions
;

(10) Retains present law authorizing employee organizations having access to state employees in nonwork and public areas, and to post bulletin board material;

(11) Deletes present law that authorizes an employee of a private prison contractor to b
e a member of any qualified
state
employee organization and, if the employee so elects, to pay dues in the qualified employee organization through payroll deduction;
and

(12) Revises this bill's effective date so that the provision on disaster leave will take effect July 1, 2026, instead of January 1, 2027. All other provisions of this bill will take effect upon becoming a law or July 1, 2026, as specified in the full
text of this amendment.

Current Bill Text

Read the full stored bill text
SENATE BILL 1873
By Johnson

HOUSE BILL 2540
By Lamberth
HB2540
011338
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 4;
Title 8; Section 41-24-113 and Section 70-1-309,
relative to state employees.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 8-23-201(a)(2)(A)(iii), is amended by
deleting "executive grade levels" and substituting "executive exempt classifications".
SECTION 2. Tennessee Code Annotated, Section 8-23-204, is amended by deleting the
section.
SECTION 3. Tennessee Code Annotated, Section 8-30-102(c), is amended by deleting
the language "shall" in the first sentence and substituting "may".
SECTION 4. Tennessee Code Annotated, Section 8-30-108, is amended by deleting the
section.
SECTION 5. Tennessee Code Annotated, Section 8-30-301(b), is amended by deleting
the subsection.
SECTION 6. Tennessee Code Annotated, Section 8-30-302, is amended by deleting the
section.
SECTION 7. Tennessee Code Annotated, Section 8-30-304(a), is amended by adding
the following as a new subdivision:
( ) Has used the application to harass, intimidate, or abuse the hiring process or
persons involved in the hiring process.
SECTION 8. Tennessee Code Annotated, Section 8-30-305, is amended by deleting the
section.

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SECTION 9. Tennessee Code Annotated, Section 8-30-306, is amended by deleting the
section.
SECTION 10. Tennessee Code Annotated, Section 8-30-311, is amended by deleting
the section and substituting instead:
(a) For positions where education or certification is not necessary or when the
character or place of the work makes it impracticable to supply the needs of the service
by appointments made in accordance with the procedure prescribed by this part, the
commissioner may adopt, or authorize the use of, such other procedures as the
commissioner determines to be appropriate in order to meet the needs of the service.
(b) The commissioner may provide input on all contracts with the private sector
to perform such functions or jobs described in subsection (a). The commissioner may
be involved in communications with an employee whose job may be terminated as the
result of a contract with a private party.
SECTION 11. Tennessee Code Annotated, Section 8-30-313(f), is amended by deleting
the subsection.
SECTION 12. Tennessee Code Annotated, Section 8-30-318, is amended by deleting
the section and substituting instead:
(a) The department shall promulgate rules and guidelines establishing an appeal
procedure for employees, which must include the orderly conduct of proceedings.
(b) An employee in the preferred service system who has successfully
completed the required probationary period may file an appeal concerning the
application of a law, rule, or policy to the dismissal, demotion, or suspension of the
employee. An executive service employee does not have standing to file an appeal
under this section.

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(c) An employee who files an appeal under this section must file the appeal as
soon as possible after the occurrence of the act or condition complained of, and not later
than fourteen (14) calendar days after the date the employee became aware, or by the
exercise of reasonable diligence should have become aware, of the occurrence giving
rise to the appeal. If an employee fails to file the appeal within the fourteen-calendar-
day period, then the right to appeal under this chapter lapses and is deemed to be
waived in its entirety by the employee.
(d) For the purposes of this chapter, an appeal is filed when the appointing
authority or the commissioner, depending on whether the appeal is being made under
Step I or II as provided in subsection (f), receives a written or electronic copy of the
appeal. If a physical copy of the appeal is mailed to the agency, then the timeliness of
the appeal is determined by the date postmarked on the envelope.
(e) A remedy granted under this section must not extend back more than thirty
(30) calendar days before the appeal was filed.
(f) The following appeal procedure is established:
(1) Step I: The appealing employee must reduce the appeal to writing
and file the appeal with the appealing employee's appointing authority. In the
appeal, the employee must provide a statement detailing why the discipline
issued was in error and should be overturned, reduced, or amended. The
appointing authority or appointing authority's designee must conduct an
investigation, if necessary, meet with the employee, and issue a decision in
writing not later than twenty (20) calendar days after the date the appointing
authority receives the appeal. The appointing authority or designee shall provide
to the employee in advance of the meeting a copy of all relevant evidence in the
appointing authority's or designee's possession. The appointing authority or

- 4 - 011338

designee shall make all reasonable efforts to gather all relevant evidence that is
germane to the meeting prior to conducting the meeting for purposes of providing
the information to the employee. If evidence is part of an active criminal
investigation or prosecution by a law enforcement agency, or is otherwise
deemed confidential under existing law, then the evidence must not be provided
in advance of the meeting; provided, that the employee must be presented with
the evidence during the meeting if the evidence will be relied upon by the
appointing authority for purposes of issuing a decision. If applicable, the
employee must acknowledge in writing that the employee was presented with the
evidence. Unless otherwise provided for in this section, all evidence in
possession of the appointing authority or designee prior to the meeting that was
not provided to the employee in accordance with this subdivision (f)(1) must not
be considered by the appointing authority for purposes of issuing a decision.
Prior to issuing a decision, the appointing authority or designee may
independently collect new evidence regarding a factual issue raised during a
proceeding under Step I. If the appointing authority or designee independently
collects new evidence, then the appointing authority or designee must provide a
copy of the new evidence, as soon as practicable, to the employee. Copies of
confidential evidence must not be distributed to the employee, but the employee
must be afforded an opportunity to be presented with the evidence. The
employee, not later than three (3) business days after receiving the evidence,
may submit a response to the appointing authority or designee in support of or
opposition to the new evidence, and may include with the response other
evidence obtained by the employee relating to the response. The appointing
authority or designee shall not issue a decision until the employee has been

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afforded the opportunity to respond to all new evidence in accordance with this
subdivision (f)(1), unless such delay would violate the twenty-calendar-day
deadline;
(2)
(i) Step II: If the appointing authority or designee does not find in
favor of the employee or does not issue a timely decision, then the
employee may appeal to the commissioner of human resources by filing
an appeal not later than fourteen (14) calendar days after the date of the
appointing authority's written decision or, in the case of a failure to issue a
timely decision, the date on which the appointing authority's written
decision was due. The commissioner of human resources must review
the appeal and the appointing authority's decision, if any, and issue a
decision in writing not later than thirty (30) calendar days after the date
the appeal was filed with the commissioner. Prior to issuing a decision,
the commissioner may independently collect new evidence regarding
factual issues raised during a proceeding under Step I. If the
commissioner independently collects such evidence, then the
commissioner must provide a copy of the evidence to the employee as
soon as practicable. Copies of confidential evidence must not be
distributed to the employee, but the employee must be afforded an
opportunity to be presented with such evidence. Not later than three (3)
business days after receiving the evidence, the employee may submit a
response to the commissioner in support of or opposition to the new
evidence and may include with the response other evidence obtained by
the employee relating to the response. The commissioner shall not issue

- 6 - 011338

a decision until the employee has been afforded the opportunity to
respond to all new evidence or information in accordance with this
subdivision (f)(2)(i), unless such delay would violate the thirty-calendar-
day deadline.
(ii) At Step II, it is the duty of the employee to provide a written
justification to the commissioner describing why the employee believes
the Step I decision was in error and ought to be overturned, reduced, or
amended. If there was not a timely Step I decision, then at Step II, it is
the duty of the employee to provide a written justification to the
commissioner describing why the employee believes the original
discipline was in error and ought to be overturned, reduced, or amended.
The written justification must specifically address the employee's
individual circumstances and the merits of the Step I decision, if
applicable.
(g) If the employee is successful in obtaining reinstatement to a position from
which the employee has been terminated, then the employee must be reinstated to a
position in the county in which the employee was employed at the time of termination.
The commissioner may grant exceptions on a case-by-case basis. In any case in which
a successful employee has been awarded reinstatement or back pay, the agency
involved shall have a period of thirty (30) days from the date of the final order within
which to provide reinstatement or back pay.
SECTION 13. Tennessee Code Annotated, Section 8-30-319, is amended by deleting
subsections (b) and (c).
SECTION 14. Tennessee Code Annotated, Section 8-30-320, is amended by deleting
the section.

- 7 - 011338

SECTION 15. Tennessee Code Annotated, Section 8-30-407, is amended by deleting
the section and substituting instead:
When calculating a time period established by this chapter, the day an event or
action occurs is not included in the time period, and the first day of such time period is
the day following such event or action. If the final day of the time period falls on a
Saturday, Sunday, holiday listed in § 15-1-101, or a day the relevant office is closed or
inaccessible, then the deadline extends to the next business day that is not one (1) of
the aforementioned days. If a time period is shorter than eleven (11) days, each
Saturday, Sunday, holiday listed in § 15-1-101, or day on which the relevant office is
closed or inaccessible does not count toward the time period.
SECTION 16. Tennessee Code Annotated, Section 8-50-102, is amended by deleting
the section.
SECTION 17. Tennessee Code Annotated, Section 8-50-105, is amended by deleting
the section.
SECTION 18. Tennessee Code Annotated, Section 8-50-106, is amended by deleting
the section.
SECTION 19. Tennessee Code Annotated, Section 8-50-109, is amended by deleting
the section.
SECTION 20. Tennessee Code Annotated, Section 8-50-110, is amended by deleting
the section.
SECTION 21. Tennessee Code Annotated, Section 8-50-117, is amended by deleting
the section.
SECTION 22. Tennessee Code Annotated, Section 8-50-802(a), is amended by
deleting subdivision (5) and substituting the following:

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(5) An employee may be required to present evidence in the form of personal
affidavits, physicians' certificates, or other testimonials, at the request of the appointing
authority or the commissioner of human resources, to support the reason for an absence
during the time for which sick leave was taken. The appointing authority may not deny
sick leave to an employee who furnishes the statement of a licensed healthcare provider
licensed pursuant to title 63, as determined by the department of human resources, or
an accredited Christian Science practitioner in support of the reason for the absence.
The appointing authority may also require additional documentation if, upon further
investigation, there is substantial evidence of excessive sick leave usage or abuse. In
these cases, the appointing authority has discretion to approve or deny further leave.
SECTION 23. Tennessee Code Annotated, Section 8-50-806, is amended by deleting
the section.
SECTION 24. Tennessee Code Annotated, Section 8-50-807(b), is amended by
deleting the subsection.
SECTION 25. Tennessee Code Annotated, Section 8-50-808(a), is amended by
deleting the subsection.
SECTION 26. Tennessee Code Annotated, Section 8-50-809(b), is amended by
deleting the first sentence and substituting:
This part, except for those provisions that relate to annual/sick leave transfer,
sick leave reinstatement, or § 8-50-802(a)(4), do not apply to officers or employees of
the University of Tennessee system of the state university and community college
system.
SECTION 27. Tennessee Code Annotated, Section 8-50-810, is amended by deleting
the section and substituting instead:

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In the event of a natural disaster, and upon the declaration of a state of
emergency by the governor of Tennessee, state employees may be granted leave from
work with pay for a period not to exceed five (5) workdays in each year to participate in
disaster relief efforts. Leave granted under this section must be approved by the
employee's appointing authority. This leave must not affect the employee's regular
leave status.
SECTION 28. Tennessee Code Annotated, Section 8-50-813(a), is amended by
deleting the first sentence and substituting:
In addition to leave granted under §§ 8-50-801 and 8-50-802, an eligible
employee must be granted absence from work with pay for a period of time equal to six
(6) workweeks because of the birth of the employee's child or because of the placement
of a child with the employee for adoption, or because the employee is caring for a family
member with a serious health condition, and upon the employee giving thirty-days' notice
to the appropriate appointing authority.
SECTION 29. Tennessee Code Annotated, Section 8-50-901, is amended by deleting
subdivision (1).
SECTION 30. Tennessee Code Annotated, Section 8-50-903, is amended by deleting
subdivision (2) and substituting:
(2) The board of trustees is composed of the commissioners of human
resources and of finance and administration, the state treasurer, the executive director of
the fiscal review committee, or their designees, and three (3) members, one (1) from
each grand division and each employed by a different department or agency, appointed
by the commissioner of human resources.
SECTION 31. Tennessee Code Annotated, Section 8-50-903, is amended by deleting
subdivision (6).

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SECTION 32. Tennessee Code Annotated, Section 8-50-908, is amended by deleting
subdivision (4) and substituting:
(4) Being on approved leave of absence, except for leave utilized in accordance
with § 8-50-907; or
SECTION 33. Tennessee Code Annotated, Section 8-50-1001, is amended by deleting
the section and substituting:
(a) Authorized representatives of the Tennessee state employees association
must have access during, before, and after regular working hours to state employees in
nonwork areas and in areas open to the public in all state offices, facilities, and grounds;
provided, that there is no interruption in the routine operation of the workplace.
(b) All state offices and facilities must maintain a bulletin board to which
employees have access. Authorized representatives of the Tennessee state employees
association may post literature on such bulletin boards and distribute literature in
nonwork areas of state facilities, offices, and grounds; provided, that there is no
interruption in the routine operation of the workplace.
SECTION 34. Tennessee Code Annotated, Section 41-24-113, is amended by deleting
subdivision (b)(1).
SECTION 35. Tennessee Code Annotated, Section 70-1-309, is amended by deleting
the section and substituting:
The department of human resources and the Tennessee wildlife resources
agency shall develop a salary administration plan for the agency's officers, biologists,
and other positions unique to the agency. Notwithstanding another law to the contrary,
upon approval of the commissioners of finance and administration and of human
resources and the director of the Tennessee wildlife resources agency, such salary
administration plan must be implemented.

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SECTION 36. For the purpose of promulgating rules, this act takes effect upon
becoming a law, the public welfare requiring it. Sections 2, 4, 11, 12, 20, 24, 25, 29, 30, 31, and
33 of this act take effect July 1, 2026, the public welfare requiring it. Section 27 of this act takes
effect January 1, 2027, the public welfare requiring it. All other sections take effect upon
becoming a law, the public welfare requiring it.