Guidance Letter P-060

CLEVELAND STATE COMMUNITY COLLEGE Cleveland, Tennessee

SUBJECT:  Leave

  1. Policy
    Pursuant to TBR Policy No. 5:01:01:00 and the establishment of the 37.5 hour work week, the following procedures shall be followed in the implementation of the 37.5 hour work week.
  2. Annual Leave
    1. The accrual of annual leave shall be recorded in hours and tenths of hours according to the following schedule for regular clerical and support personnel who work full time:
      Yrs. Serv. Accr Rate Per Mnth. Maximum Annual Accum. Maximum Total Accum. In FY Maximum Accum. Crd. Fdw. Next FY
      0- 5 7.5 hrs 90.0 hrs 315.0 hrs 225.0 hrs
      5-10 11.3 hrs 135.6 hrs 405.6 hrs 270.0 hrs
      10-20 13.2 hrs 158.4 hrs 450.9 hrs 292.5 hrs
      20 on 15.0 hrs 180.0 hrs 495.0 hrs 315.0 hrs
    2. Annual leave hours accumulated in excess of the maximum accumulation carried forward will be transferred to sick leave on July 1 each year.
    3. Regular full-time executive, administrative and professional personnel, and twelve-month-academic personnel shall accrue annual leave at a rate of 15 hours per month or 180 hours per year.  The maximum total accumulation with the fiscal year is 495 hours, and the maximum accumulation that can be carried forward to the next fiscal year shall be 315 hours.
    4. Eligible employees earn and accrue annual leave for each month upon completion of a major fraction thereof (i.e., more than 50 percent of the number of days in the month), and leave may be used when earned, regardless of an employee's probationary status, subject to the discretion of the approving authority.  Annual leave may not be taken before it is earned.
    5. Employees otherwise eligible to earn annual leave do not earn or accrue annual leave while on leaves of absence.
    6. When an employee who is eligible to accrue annual leave transfers into a nine-month academic position (thus becoming ineligible to accrue annual leave), the employee shall take all of his or her accrued annual leave prior to the date of transfer unless the appropriate approving authority determines that the services of the employee must continue until the date of transfer.  In that event, the employee shall be paid for all of his or her accrued annual leave by a lump sum payment at the time of transfer.
    7. Except as otherwise provided and subject to the limitations stated in this section, upon termination of employment with Cleveland State Community College, an employee shall be paid for accrued but unused annual leave he or she may have as of his or her last working day.  Payment shall be, at the option of the employee, either by terminal leave or by lump sum payment.  Whether payment is by terminal leave or lump sum payment, and whether termination is voluntary or involuntary, the discretion to determine the employee's last working day is reserved to the appropriate appointing authority.  Of course, the employee retains the right to make his/her last working day a date prior to the date established by the appointing authority.  In either option, payment should be made with the employee's normal payroll cycle.
    8. Terminal Leave
      1. Terminal leave is that period during which an employee remains on the payroll beyond his or her last working day until all of his or her accrued annual leave has been exhausted.
      2. If a terminating employee elects to be paid for his or her accrued but unused annual leave by terminal leave, the date on which his or her annual leave is exhausted shall be the official date of termination.
      3. During a period of terminal leave, an employee shall not earn additional annual or sick leave, shall not be eligible to use sick leave, and shall not be eligible for any salary increase.  However, an employee shall receive credit for any official holiday occurring during a period of terminal leave and shall receive the longevity bonus if the anniversary date occurs during the period of terminal leave.
      4. During a period of terminal leave, an employee shall continue to be eligible for group health insurance coverage.  Premiums for the coverage shall be deducted from his or her terminal leave payments if continued coverage is elected.
    9. If a terminating employee elects to be paid for his or her accrued but unused annual leave by lump sum payment, the employee's last working day shall be the official date of termination.
    10. Payment for accrued annual leave under this section shall not be limited to the maximum accumulation amount which may be carried forward from one fiscal year to then next if the last working day occurs prior to July 1 (even if the terminal leave period extends beyond July 1).
    11. In the case of death, payment for an employee's unused accrued annual leave shall be made to the employee's estate or designated beneficiary.
    12. An employee who transfers to another system institution or school or another state agency shall not be paid for his or her accrued but unused annual leave.  Rather, all unused annual leave shall be transferred to the other institution or school or state agency.  (In accordance with TBR Policy No 5:01:01:06).
    13. An employee who is dismissed for gross misconduct or who resigns to avoid dismissal for gross misconduct shall not be entitled to any compensation for accrued but unused annual leave at the time of dismissal.
  3. Sick Leave
    1. The accrual of sick leave will also be recorded in hours and tenths of hours.  All regular full-time employees shall accrue 7.5 hours of sick leave per month, with no maximum accumulation level.  Leave shall be accounted for and leave use reported in usage in units of hours and tenths of hours as follows:
      .1 hour  = 1 to 6 minutes
      .2 hours = 7 to 12 minutes
      .3 hours = 13 to 18 minutes
      .4 hours = 19 to 24 minutes
      .5 hours = 25 to 30 minutes
      .6 hours = 31 to 36 minutes
      .7 hours = 37 to 42 minutes
      .8 hours = 43 to 48 minutes
      .9 hours = 49 to 54 minutes
      1.0 hours = 55 to 60 minutes
    2. Eligibility to Accrue Sick Leave
      1. Regular full-time employees and academic personnel, regardless of probationary status, shall be eligible to accrue sick leave.
      2. Regular part-time employees including academic personnel scheduled to carry less than a full teaching load or its equivalent, regardless of probationary status, shall be eligible to accrue sick leave on a prorated basis equal to the percentage of their employment to full-time employment.
      3. Temporary employees shall not be eligible to accrue sick leave.  Temporary employees who are subsequently appointed as regular employees with no break in service shall become eligible to accrue sick leave and shall receive sick leave balances accrued retroactively from the date of employment.
      4. All full-time and part-time employees who are employed pursuant to funds available to the institution or school through grants or contracts are not eligible to accrue sick leave unless the grant or contract involved provides sufficient funds to cover the costs of such leave, or unless eligibility to accrue sick leave is approved by the presidents of the institution or director of the school.
      5. Student employees shall not be eligible to accrue sick leave.
    3. Eligibility for and Rate of Accrual of Sick Leave
      1. Regular full-time personnel and full-time academic personnel, whether employed on a twelve-month or nine-month service basis, shall accrue sick leave at the rate of 7.5 hours (1 day) for each month of actual service.  Under no circumstances may a regular full-time employee earn more than 90 hours (12 days) of sick leave per year.
      2. Regular part-time personnel and part-time academic personnel, whether employed on a twelve-month or nine-month service basis shall accrue sick leave on a prorated basis equal to the percentage of their employment compared to full-time employment.
      3. Accrued days of sick leave shall be cumulative for all days not used.
      4. Eligible employees shall accrue sick leave from the date of employment.  (See Section 3.2.3, providing for retroactive credit for temporary employees who subsequently become eligible to accrue sick leave.)
      5. Eligible employees earn and accrue sick leave for each month upon completion of service for a major fraction thereof.
      6. MODFY employees who are employed during the period which would normally be the non-duty period of their appointment shall accrue sick leave at the rate of 7.5 hours for each month of full-time employment.  For part-time employment during that period, MODFY employees shall accrue sick leave on a prorated basis in accordance with item 3.3.2 of this section.
      7. Notwithstanding any other provision herein which might be construed to the contrary, regular nine-month academic personnel shall accrue 67.5 hours (9 days) of sick leave for full-time employment for a full academic year and 22.5 hours (3 days) of sick leave for full-time employment throughout summer sessions.
      8. Employees otherwise eligible to earn sick leave do not earn or accrue sick leave while on leave of absence.
    4. Use of Sick Leave
      1. Sick leave is generally applicable to absences due to illness or injury to an employee, including illness or incapacity to work due to pregnancy, medical examinations and dental appointments.
      2. Where an employee must be absent because of serious illness in the immediate family, sick leave may be granted by the appropriate approving authority.  For purposes of this action, "immediate family" shall be deemed to include:  (1) spouse; (2) children, stepchildren; (3) parents, stepparents, foster parents and parents-in-law; (4) sibling; and (5) other members of the family who reside within the home of the employee.
      3. In instances of death of a member of the immediate family as defined in TBR Policy No. 5:01:01:09 - Bereavement Leave, sick leave may be granted at the discretion of the appropriate approving authority for a maximum of 15 hours (2 days) after the three (3) day bereavement leave has been used.  In instances of death of one of the following relatives, sick leave may be granted at the discretion of the appropriate approving authority for a maximum of 22.5 hours (3 days):  (1) grandparents; (2) grandchildren; (3) sons and daughters-in-law; (4) brothers and sisters-in-law; (5) foster brothers and sisters; and (6) other members of the family who reside within the home.
      4. Sick leave may not be advanced.
      5. Sick leave may not be used by nine-month academic personnel for absences due to illness or injury during a summer session unless the employee has been physically present and actually commenced employment for the term in question.
      6. Upon prior approval of the Chancellor, an employee who is injured in the line of duty as a result of the commission of an assault upon him or her which disables the employee from performing his or her regular duties, may be retained on the regular payroll for a period not to exceed 14 days without being required to use any accrued sick leave.  The length of time for such retention on the payroll shall be based upon a written statement from the attending physician that the employee is unable to perform his or her regular duties.
    5. Physician's Statement or Other Certification
      An employee may be required to present evidence in the form of personal affidavits, physician's certificates or other testimonials in support of the reason for sick leave upon request of his or her supervisor or an appropriate approving authority.  Sick leave may not be denied where an employee furnishes an acceptable statement from a licensed physician or accredited Christian Science practitioner, provided that the supervisor or approving authority may require additional documentation or statements from other physicians or accredited practitioners.
    6. Exhaustion of Sick Leave
      When the illness, injury or disability of an employee continues beyond the period of accumulated sick leave, the employee shall use any accumulated annual leave for continued absence.  However, in cases of worker's compensation, an employee may choose to be placed on leave of absence and retain sick and/or annual leave.  When an employee has exhausted all accumulated sick and annual leave, he or she may be placed on leave of absence, if requested and found to be justifiable.  (TBR Policy No. 5:01:01:03)
    7. Separation of Employees with Accrued Sick Leave
      Upon termination of employment, accumulated sick leave shall not be used as terminal leave, and the employee shall not be entitled to any lump sum payment for accumulated sick leave.  If an employee is transferring to another state agency, his or her accumulated sick leave shall be transferred according to Leave Transfer between TBR Institutions and State Agencies.  (TBR Policy No. 5:01:01:06)
      If an employee leaves the System or any other state service in good standing after having worked on a full-time continuous basis for at least one (1) full year and thereafter returns to service with the System on a full-time basis, the employee shall immediately be credited with all sick leave to which he or she was entitled at the time of the previous termination, provided certification of such entitlement is received from the previous employer if other than the new employer; provided further that if the employee has had any interim  employment with the System or any other agency of the State of Tennessee of less than one (1) year, he or she shall not be disqualified from receiving credit for sick leave to which he or she is otherwise entitled because of his or her prior employment with the state.
      Notwithstanding the above paragraph, if any state employee or teacher employed by a local school board in Tennessee leaves the employment of the state or of that board in good standing and becomes a full-time state employee within six (6) months of the date of termination, the employee shall immediately be credited with all sick leave to which he or she was entitled at the time of the previous termination.
      TCRS member employees who terminate due to retirement shall have all unused accumulated sick leave credited toward retirement.
    8. Death of Employees with Accrued Sick Leave
      Effective June 3, 1981, the estate or designated beneficiary of any employee, upon the employee's death, shall be paid for the employee's unused and accrued sick leave in the same manner as the estates of deceased employees are paid for annual leave.
  4. Adoptive Parents Leave
    It is the policy of the Tennessee Board of Regents and Cleveland State Community College to provide special leave without pay for a period of four months to adoptive parents upon written request to the president or his or her designee, accompanied by a statement from the adoption agency indicating the required bonding period.  Additional special leave may be granted at the discretion of the president or his or her designee, up to the remaining bonding period required by the adoption agency but not to exceed one year.  In the event the adoption process is not completed, the approval of leave shall be rescinded.
    This policy shall not apply in the case of stepchild, or adult adoption.
  5. Leave of Absence
    It is the policy of the Tennessee Board of Regents and Cleveland State Community College to provide time off to regular employees due to reasons of illness or injury, or disability of an employee who has insufficient accumulated annual and/or sick leave, leave for educational purposes and leave for justifiable personal reasons (refer to item 8 for maternity leave policy).  Leave of absence as referred to in this policy shall include any period of leave in a non-pay status or athletic competition leave as defined in TBR Policy 5:01:01:03.  Leave of absence without pay, not to exceed one year, may be granted for justifiable absences wherein it is not desirable to terminate the employee.  Such leave must be approved by the president.
    Leave of absence for periods exceeding one year may be granted upon recommendation of the president and approval by the Chancellor.  Leave of absence shall be granted for any period (which may exceed one year) when an employee transfers to another TBR institution or school or to the Board's central offices and requests to be placed on leave of absence.
    While on leave of absence for educational purposes or other justifiable personal reasons other than illness, injury, or disability, an employee retains accumulated annual and sick leave, but does not earn or accrue additional annual or sick leave.  An employee who has qualified for Workers' Compensation may retain accumulated annual and sick leave.  In addition, an employee on leave of absence is not entitled to compensation for official holidays occurring within the leave period.
  6. Military Leave
    All employees who are members of any reserve component of the armed forces of the United States or of the Tennessee National Guard shall be entitled to leave of absence from their 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.
    Each employee who is on military leave shall be paid his or her salary or compensation for a period, or periods, not exceeding 15 working days in any one calendar year, plus such additional days as may result from any call to active state duty pursuant to T.C.A. section 58-1-106.  The employee must furnish certification from competent military authority of the dates active duty was actually performed.
  7. Civil Leave
    Regular employees shall be granted civil leave when in obedience to a subpoena or direction by proper authority an employee appears as a witness for the Federal government, the State of Tennessee, or a political subdivision of the State, or when it is necessary to attend any court in connection with official duties or serve on a jury in any State or Federal Court.
    In accordance with T.C.A. 22-4-108, the employee shall be excused from returning to employment for any scheduled workday that such employee's responsibility for jury duty exceeds three (3) hours during the day for which an excuse is sought.  Employees serving less than three hours on a scheduled workday shall return to work for the remainder of their workday.  Travel time is not to be included in determining whether or not an employee's actual jury service has exceeded three (3) hours.
    However, if an employee summoned for jury duty is working a night shift or is working during hours preceding those in which court is normally held, such employee shall also be excused from his or her employment as provided by this section for the shift immediately preceding his or her first day of serve on any lawsuit.  After the first day of service, when such person's responsibility for jury duty exceeds three hours during a day then such person shall be excused from his or her next scheduled work period occurring within 24 hours of such day of jury service.  Any question concerning the application of the provisions of this paragraph to a particular work shift or shifts shall be conclusively resolved by the trial judge of the court to which the employee has been summoned.
    For the period an employee eligible for civil leave renders jury service or serves as witness, he or she shall be entitled to the difference between his or her regular compensation and the amount allowable for such service, except travel expenses and parking received.  The employee may be required to provide a statement from the court which includes dates and times of service and any compensation received.
    Payment for time served on civil leave and time spent traveling to and from court shall be made at the employee's regular rate of pay, except that such compensation shall not exceed the total of the employee's regularly scheduled daily pay.  However, if the employee elects to use his or her annual leave rather than civil leave, he or she may do so and retain all compensation or fees received as a witness or juror.  Travel expenses (mileage) will not be paid by the institution.
    Employees involved in personal litigation, or who serve as witnesses in private litigation, shall be charged with annual leave or leave without pay.
  8. Maternity Leave
    It is the policy of the Tennessee Board of Regents and Cleveland State Community College to provide time off to regular, female employees due to the birth of children, in accordance with T.C.A. 50-1-501 through 503.  Leave for maternity purposes shall be granted for a period of up to four months upon request of the female employee.
    Sick leave shall be used for the period of medical disability only and all provisions of the sick leave policy shall apply to this period of absence.  After the employee's physician determines that she is no longer disabled, the employee may use any or all accrued annual leave or leave without pay for the remainder of the maternity leave.
    Employees returning from maternity leave are subject to reinstatement as outlined in T.C.A. 50-1-502.
  9. Bereavement Leave
    It is the policy of the Tennessee Board of Regents and Cleveland State Community College to provide all regular, full-time and part-time employees time off without loss of pay to attend the funeral of a close relative, consistent with Chapter 1010 of the Public Acts of 1988 and Chapter 51 of the Public Acts of 1989.
    An employee who is absent during his or her regularly scheduled workweek due to the death of an immediate family member shall receive payment for reasonable and customary days absence, such days of payment not to exceed three regularly scheduled workdays.  Immediate family shall be deemed to include:
    •                              -  spouse
    •                              -  child, stepchild
    •                              -  parent, stepparent, foster parent, parent-in-law
    •                             -  siblings
         In addition to the three regularly scheduled workdays, sick leave not to exceed two days may be granted at the discretion of the appropriate approving authority in the instance of death of one of the immediate family members listed above.
  10. Voting Leave
    It is the policy of the Tennessee Board of Regents and Cleveland State Community College to provide employees time off to vote in state, national and local elections and to establish a procedure for reporting the time missed from work.
    Employees who are registered voters may receive reasonable time off to vote if they request such time off before 12:00 noon the day before the election.  The supervisor may specify the hours during which the employee may be absent to vote, and the time off may not exceed three hours.  No time off will be granted if the polls in the county where the employee is a resident are open three or more hours before the employee is scheduled to begin work or if the polls close three or more hours after the employee's work schedule ends.
    Time off to vote shall be recorded as non-duty pay hours.  Time off to vote is recorded for non-exempt employees as non-worked time when calculating overtime.

Source:  TBR Policy Nos. 5:01:01:01, 5:01:01:02, 5:01:01:03, 5:01:01:04, 5:01:01:05, 5:01:01:07, 5:01:01:08, 5:01:01:09, and 5:01:01:12                      

Revised:  October 7, 1993