Information Regarding TBR Employees on Military Leave
An employee of the Tennessee Board of Regents and its constituent Institutions who interrupts his or her employment to serve on military active duty has rights which are defined fundamentally by four sources:
Federal Law (the Uniformed Services Employment and Reemployment Rights Act of 1994 -- see Title 38, Chapter 43 of the U.S. Code
State Law (Tennessee Code Annotated § 8-33-101 et seq.)
Rules of the Tennessee Department of Personnel (Chapter 1120-6, Attendance and Leave)
TBR Policy (Policy 5-01-01-04)
In summary, the general rules are: (But see below for special rules resulting from Gov. Sundquist's Executive Order 28, dated 9/27/2001 and Executive Order 29, dated 11/16/2001, and continued by Gov. Bredesen by Executive Order 4, dated 2-23-2003.)
1. An employee who is on military leave will be paid his or her normal salary for up to fifteen working days in a given calendar year, plus any additional days resulting from a call to active state duty pursuant to T.C.A. § 58-1-106. Such leave with pay will not be granted for regularly scheduled monthly training. The employee must furnish certification of the dates active duty was actually performed.
2. During a period of military leave with pay, the employee will continue to earn annual and sick leave accruals.
3. Military leave without pay may be granted for periods of leave beyond fifteen days in a calendar year.
4. Military Leave with partial pay shall be granted to all employees who are called to active duty by the President or by the Governor as members of the Reserve or National Guard.
4. If elected, medical insurance may be continued during a period of military service for a period of time which is the lesser of:
a. 24 months following the beginning of the military leave; or
b. the day after the date on which the employee fails to report for work or apply for reemployment, as determined under TBR Policy 5-01-01-04, or
c. unless state law or Executive Order provides for greater benefits.
5. If medical insurance is continued, the employee will be required to pay premiums as follows:
a. 30 or fewer days of military leave, the employee must pay only the employee's portion of the premium; or
b. more than 30 days of military leave, the employee must pay up to 102%. This includes both the employee's and the employer's portion of the premium, and administrative costs.
6. Reemployment Rights:
An employee on military leave of absence who is relieved or discharged from military duty under circumstances other than dishonorable shall be entitled to reemployment rights as follows:
a. An employee on military duty for less than 31 days is entitled to reemployment if the employee reports to work not later than the beginning of the first full regularly-scheduled work period on the first full calendar day following the completion of the period of service.
b. if the employee served between 31 and 180 days and makes an oral or written request for reemployment no more than 14 days after completing service.
c. if the employee served more than 180 days and makes an oral or written request for reemployment no more than 90 days after completing service.
An injured employee must comply with the notification procedures above, after the time period required for the person's recovery. The recovery period may not exceed 2 years unless notification in that time period is impossible or unreasonable.
However, pursuant to Executive Orders Number 28 and 29 issued by Governor Bredesen, there are some additional special benefits for employees of the Executive Branch of Tennessee state government (including TBR employees) who are called to serve in Operation Enduring Freedom. Specifically:
1. For a period not to exceed six months, Executive Branch employees called to full time military duty as part of Operation Enduring Freedom will receive partial pay in addition to the 15 days of pay available under TCA § 8-33-109. At a minimum, this partial pay shall be sufficient to cover the cost (both employer's and employee's portions) of health and life insurance, all optional life insurance available through the regular insurance plan, dental insurance, Deferred Compensation, life insurance included as part of the Deferred Compensation 457 Plan, and medical and dependent care benefits covered by the flexible benefits plan. At a maximum, this partial pay will be $1,000 per month, if the employee's military salary (base pay) is at least $1,000 per month less than the employee's regular salary with the State.
2. This six month period will begin on the employee's date of deployment for active duty. Pay under this Executive Order will terminate at the end of the six calendar month period from deployment or upon discharge from active duty if discharged prior to the end of the six month period.
3. Under the Executive Order, employees on active military duty in Operation Enduring Freedom will continue to accrue annual and sick leave and receive creditable service for retirement through the entire duration of their active duty.
Additional information is available in the following memorandum: Memorandum to TBR Presidents and Directors (issued November 9, 2001).
The following memorandum issued December 10, 2001 supplements and clarifies the aforementioned 11/9/01 memorandum: Memorandum to TBR HR Directors and Business Officers.
Page last modified: December 10, 2001