Tennessee § 8-33-109 - Reservists' leave of absence.

§ 8-33-109. Reservists' leave of absence.

All officers and employees of this state, or any department or agency thereof, or of any county, municipality, school district, or other political subdivision, and all other public employees of this state who are, or may become, members of any reserve component of the armed forces of the United States, including members of the Tennessee army and air national guard, shall be entitled to leave of absence from their respective duties, without loss of time, pay, regular leave or vacation, impairment of efficiency rating, or any other rights or benefits to which otherwise entitled, for all periods of military service during which they are engaged in the performance of duty or training in the service of this state, or of the United States, under competent orders; provided, that an officer or employee while on such leave shall be paid salary or compensation for a period, or periods, not exceeding twenty (20) working days in any one (1) calendar year, plus such additional days as may result from any call to active state duty pursuant to § 58-1-106. The military leave herein provided shall be unaffected by date of employment or length of service and shall have no effect on other leaves provided by law, regulation, policy or practice. After the twenty (20) working days of full compensation, any public employer may provide partial compensation to its employees while under competent orders. After the twenty (20) working days of full compensation, members of any reserve component of the armed forces of the United States, including members of the Tennessee army and air national guard, may use up to five (5) days of sick leave in lieu of annual leave for the purposes of not having to take leave without pay. Notwithstanding subsection (a), after the twenty (20) working days of full compensation, any educator who is a member of any reserve component of the armed forces of the United States, including members of the Tennessee army and air national guard, is authorized, but not required, to use any accumulated sick leave in lieu of annual leave for the purposes of not having to take leave without pay when called into active duty. Nothing in this subsection (b) prohibits an educator from using up to five (5) days of an initial allotment of sick leave pursuant to § 49-5-710(a)(3) in accordance with subsection (a). For purposes of this subsection (b), “educator” has the same meaning as defined in § 49-5-204(b). Acts 1951, ch. 88, § 1 (Williams, § 1866.7); 1967, ch. 376, § 2; 1969, ch. 204, § 1; T.C.A. (orig. ed.), § 8-3310; Acts 2003, ch. 308, § 1; 2007, ch. 360, § 1; 2013, ch. 432, § 1; 2018, ch. 886, § 1. Amendments. The 2018 amendment added (b). Effective Dates. Acts 2018, ch. 886, § 2. May 3, 2018. Law Reviews. Protecting Civilian Employment and Providing Healthcare to the Citizen Soldier in the National Guard and Reserve Components, 45 U. Mem. L. Rev. 915 (2015). Attorney General Opinions. Paid military leave for weekend National Guard drills, OAG 98-0155, 1998 Tenn. AG LEXIS 155 (8/17/98). Counties are required to compensate part-time county employees for time missed from scheduled weekend county employment while they are serving on weekend National Guard duty, OAG 00-093, 2000 Tenn. AG LEXIS 95 (5/17/00). The statutory provisions regarding leaves of absence for public employees who are members of the Tennessee army and air national guard apply to individuals called to active state duty by the governor, OAG 01-169, 2001 Tenn. AG LEXIS 177 (11/27/01). Collateral References. Military duty, status of public employees while performing. 134 A.L.R. 919 . Validity and construction of state statutes requiring employers to compensate employees for absences occasioned by military service. 8 A.L.R.4th 704.