2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 8 - LEAVE FOR STATE EMPLOYEES (§§ 8-50-801 — 8-50-814) › Section 8-50-801 - Annual leave

(a)
Each officer and employee of the several departments and agencies of the state government who is scheduled to work one thousand six hundred (1,600) hours or more in a fiscal year, whether compensated on hourly, daily, monthly or on a piecework basis, shall be granted absence from work with pay based upon that officer's or employee's accrued annual leave, the time and amount of absence to be approved at the discretion of the head of the department or agency and subject to audit by the commissioner of human resources.
(b)
An eligible employee shall accrue annual leave based on the total creditable service as follows:
(1)
(A)
An officer or employee described in §
8-30-102(b)(1)
who has less than five (5) years of full-time service and was not in the active employment of the state of Tennessee on July 1, 1969, accrues annual leave at the rate of one (1) day for each month of service or major fraction thereof, and may accumulate a maximum of thirty (30) work days; and
(B)
An officer or employee other than as described in §
8-30-102(b)(1)
who has less than five (5) years of full-time service and was not in the active employment of the state of Tennessee on July 1, 1969, accrues annual leave at the rate of twelve (12) days per year on the date the employee is hired and on each service anniversary date for the employee, and may accumulate a maximum of thirty (30) work days;
(2)
[Deleted by 2023 amendment.]
(3)
(A)
An officer or employee described in §
8-30-102(b)(1)
who has five (5) years and less than ten (10) years of full-time service accrues annual leave at the rate of one and one-half (11/2) days for each month of service or major fraction thereof, and may accumulate a maximum of thirty-six (36) work days; and
(B)
An officer or employee other than as described in §
8-30-102(b)(1)
, who has five (5) years and less than ten (10) years of full-time service accrues annual leave at the rate of eighteen (18) days per year on each service anniversary date for the employee, and may accumulate a maximum of thirty-six (36) days;
(4)
(A)
An officer or employee described in §
8-30-102(b)(1)
who has ten (10) years and less than twenty (20) years of full-time service accrues annual leave at the rate of one and three-quarters (13/4) days for each month of service or major fraction thereof, and may accumulate a maximum of thirty-nine (39) work days; and
(B)
An officer or employee other than as described in §
8-30-102(b)(1)
who has ten (10) years and less than twenty (20) years of full-time service accrues annual leave at the rate of twenty-one (21) days per year on each service anniversary date for the employee, and may accumulate a maximum of thirty-nine (39) work days; and
(5)
(A)
An officer or employee described in §
8-30-102(b)(1)
who has twenty (20) years or more of full-time service accrues annual leave at the rate of two (2) days for each month of service or major fraction thereof, and may accumulate a maximum of forty-two (42) work days; and
(B)
An officer or employee other than as described in §
8-30-102(b)(1)
who has twenty (20) years or more of full-time service accrues annual leave at the rate of twenty-four (24) days per year on each service anniversary date for the employee, and may accumulate a maximum of forty-two (42) work days.
(c)
(1)
Annual leave requested by an employee is subject to supervisory approval.
(2)
For purposes of subdivisions (b)(1)-(5), service anniversary dates must be adjusted to account for gaps in paid employment as a state employee, as applicable.
(d)
For individuals holding full-time positions in the department of education that require three (3) years' experience as a certified professional employee in the Tennessee public school system, prior teaching or administrative experience in Tennessee public schools is creditable for purposes of subdivisions (b)(1)-(5), not to exceed three (3) years.
(e)
Part-time employees, employees holding temporary positions for less than six (6) months, seasonal employees, and emergency employees in the state service are expressly excluded from the provisions hereof.
(f)
An eligible employee who is compensated for overtime work by receiving compensatory time instead of overtime pay shall be entitled, at any time during the year, to use annual time before having to use compensatory time when the employee has accumulated annual time within two (2) days of the maximum annual time the employee is allowed to accumulate in such employee's service group code.
Amended by 2023 Tenn. Acts, ch. 216, s 7, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 216, s 6, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 216, s 5, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 216, s 4, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 216, s 3, eff. 7/1/2023.
Amended by 2023 Tenn. Acts, ch. 216, s 2, eff. 7/1/2023.
Acts 1937, ch. 33, § 13; 1939, ch. 11, § 8; 1945, ch. 30, § 2; 1949, ch. 174, § 1; C. Supp. 1950, § 255.13; T.C.A. (orig. ed.), § 8-3901; Acts 1961, ch. 333, § 2; 1969, ch. 205, § 1; 1971, ch. 348, § 1; 1973, ch. 252, §§ 1, 2; 1974, ch. 506, § 1; 1975, ch. 100, § 1; 1975, ch. 226, § 1; 1976, ch. 657, § 1; 1977, ch. 83, § 1; 1977, ch. 287, § 1; 1977, ch. 364, § 1; 1978, ch. 557, § 1; 1979, ch. 34, § 1; T.C.A., § 8-4101; Acts 1981, ch. 284, § 1; 1981, ch. 380, § 1; 1981, ch. 433, § 1; 1982, ch. 674, §§ 1, 2, 5; 1983, ch. 171, §§ 1-3; 1983, ch. 447, § 1; 1984, ch. 656, § 1; 1985, ch. 37, §§ 1-3; 1985, ch. 89, § 1; 1986, ch. 500, § 1; 1986, ch. 669, §§ 1-3; 1987, ch. 3, §§ 1, 2; 1987, ch. 22, §§ 1, 2; T.C.A., §
8-50-101
; Acts 1991, ch. 179, § 1; 1993, ch. 504, § 4; 2007 , ch. 60.