LEAVE TRANSFER BETWEEN TBR INSTITUTIONS AND STATE AGENCIES
This policy is consistent with TennesseeBoard of Regents Policy No. 5:01:01:06.
Purpose
The purpose of this policy is to establish the criteria and process regarding leave transfer between Pellissippi State and the State University and Community College System and State Agencies.
- Leave Transfer
- Any regular employee of any agency, office or department of the State of Tennessee or of any State college who leaves one of these employers for employment with another without a break in service shall have all annual and sick leave transferred.
- Moreover, if an employee leaves the State University and Community College System institutions/Board of Regents System Office and is re-employed with a State agency prior to their termination date with the State University and Community College System, they shall have all unused annual leave transferred/reinstated to the employing agency and shall not be entitled to payment for annual leave beginning with the date of re-employment.
- Any payment for annual leave upon the termination which is later found to have been in violation of this policy shall be repaid to Pellissippi State by the terminating employee.
- When a former employee who has at least one (1) full year of State employment in good standing returns to full-time service with one of these College, they shall be credited immediately with all sick leave to which they were entitled at the time of termination. The last employer shall be responsible for certifying eligibility for this sick leave credit to the re-employing agency, college or university.
- If any teacher employed by a local school board in Tennessee leaves the employment of that board in good standing and becomes a full-time state employee within six months of the date of termination, upon certification of accrued and due sick leave by the previous employer, they shall be immediately credited with all sick leave to which they were entitled at the time of the previous termination.
- Teacher is defined pursuant to TCA 8-34-101 (49). “Teacher”:
- Means any person employed in a public school, as a teacher, librarian, principal, superintendent or chief administrative officer of a public school system,administrative officer of a department of education, a supervisor of teachers, a reserve officer training corps (ROTC) instructor, or any other position whereby the state requires the employee to be certificated as a teacher, or licensed as a nurse, physical therapist, or occupational therapist in a public school; provided, that any teacher who has taught in the public schools for a period of at least one (1) year who transfers to a position within the Tennessee public school system that does not require a teacher’s certificate shall continue participation in the retirement system as a teacher;
- Does not include a physical therapist or an occupational therapist employed with the Metropolitan Nashville Public Schools District; and
- Includes any person who is employed in a public school on or after July 1, 1972, as a guidance counselor but who is not retired as of July 1, 2019.
Sources: TBR Policy 05:01:01:06; T.C.A. § 49-8-203
Adopted by TBR August 15, 1975
Revised by TBR June 25, 1976
Revised by TBR December 2, 1977
Revised by TBR June 30, 1978
Revised by TBR June 29, 1979
Revised by TBR June 26, 1981
Revised by TBR September 18, 1981
Revised by TBR September 24, 1983
Revised by TBR September 30, 1983
Revised by TBR June 28, 1985
Revised by TBR June 2, 1987
Revised by TBR September 16, 1988
Revised by TBR September 22, 1989
Reviewed/Recommended: President’s Council, November 27, 2023
Approved: President L. Anthony Wise, Jr., November 27, 2023
Reviewed/Recommended: College Council, January 27, 2025
Approved: President L. Anthony Wise, Jr., January 27, 2025
The provisions of this policy adopted at the August 15, 1975 meeting, became effective onJanuary 1, 1976, and changes in eligibility to earn leave or in the amount of leave earned for aperiod of service were prospective only.