Tennessee § 8-50-907 - Criteria and procedure for distribution.

§ 8-50-907. Criteria and procedure for distribution.

The sick leave bank trustees shall establish the criteria for distributing sick leave from the bank, hear appeals of denials of request for sick leave, and prescribe the form and manner of participation in the bank. All actions of the trustees require four (4) affirmative votes. The appropriate division of the department of human resources shall determine whether or not to grant or deny all initial requests for sick leave to be distributed from the sick leave bank in accordance with the rules and regulations promulgated by the trustees within ten (10) business days of receipt of all necessary documentation. The trustees shall establish criteria and procedures for appeal of a rejected initial request. The trustees must decide every pending appeal within thirty (30) days of the receipt of the appeal. Members of the sick leave bank shall be eligible to make application to the bank for sick leave only after having been a member of the bank for thirty (30) calendar days. A participant shall not receive any sick leave from the bank until after having exhausted all accumulated sick and annual leave. The trustees may establish regulations restricting the number of days which may be withdrawn from the bank by one (1) member on account of one (1) illness, particularly any known illness existing at the time the employee elected to participate in the bank. Grants of sick leave from the bank shall not be made to any member on account of elective surgery, illness of any member of the participant's family, or during any period the member is receiving disability benefits from social security or the state retirement plan. Leave grants from the bank shall not be more than thirty (30) consecutive days for which the individual applicant would have otherwise lost pay. Applicants may submit requests for extensions of sick leave grants before or after their prior grants expire. The maximum number of days any participant may receive as a result of any one (1) illness, or recurring diagnosed illness, or accident is ninety (90) days. In the event that a member is physically or mentally unable to make a request to the sick leave bank for use of sick leave days, a family member or agent may file a request. If the trustees or their designees for administration determine it necessary, they may require a physician's certificate of condition from any member requesting additional leave. Refusal to comply will result in denial of the pending request for use of sick leave days from the bank. Sick leave granted a member from the bank need not be repaid by the individual member, except as all members are uniformly assessed. All records of the sick leave bank shall be kept in the office of the department of human resources whose responsibility it is to keep records of sick leave. Acts 1988, ch. 1009, § 1; 1999, ch. 537, §§ 4, 5; 2007, ch. 60; 2009, ch. 104, §§ 1, 2. Compiler's Notes. Pursuant to Acts 2007, ch. 60, references to the department of personnel were changed to the department of human resources, effective April 24, 2007.