POLICY 06:07:03

LEAVE OF ABSENCE

This policy is consistent with Tennessee Board of Regents Policy No. 5:01:01:03

Purpose

The purpose of this policy is to establish the criteria and process regarding leaves of absence for
employees at Pellissippi State Community College.

Policy

Introduction
1. It is the policy of the Tennessee Board of Regents and Pellissippi State
  Community College to provide approved, unpaid 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 TBR Policy 5.01.01.08 for
  maternity leave policy.]
Leave of Absence
1. Leave of absence as referred to in this policy shall include any period of
  administrative leave with pay up to a maximum of 90 days, pending a College
  review or investigation or leave in a non‑pay status or athletic competition leave
  as defined below.
2. Administrative leave with pay must be approved by the President following
  review by the Office of Human Resources.
3. Leave of absence shall be granted for any period (which may exceed one (1) year)
  when an employee transfers to another TBR institution or to the Board’s system
  office and requests to be placed on leave of absence.
4. Leave of absence without pay, not to exceed one (1) year, may be granted for
  justifiable absences wherein it is not desirable to terminate the employee.
5. Factors to be considered in determining whether it is desirable to not terminate the
  employee and to approve leave of absence without pay include whether;
  1. There are extraordinary circumstances present that justify keeping a
    position open or vacant and preserving it for that employee;
  2. It is, objectively and from a business standpoint, in the College’s best
    interest to retain the employee because of demonstrated contributions to
    the department; and
  3. The employee performs a unique service or has unique qualifications that
    are required for the position.
6. Such leave must be approved by the president or designee, and any additional
  leave must be approved by the Chancellor upon the recommendation of the
  President.
7. Employees who request an unpaid leave of absence due to a Family and Medical
  Leave Act (FMLA) qualifying event shall have their leaves processed in
  accordance with the provisions of Family and Medical Leave TBR Policy
  5.01.01.14 and PSCC Policy 06:07:16 regarding eligibility, continuation of
  insurance coverage, maximum leave period for parents who are both State
  employees, etc.
8. If an employee is not eligible for FMLA leave or the period of the leave exceeds
  the FMLA maximum, the remaining balance of the leave shall be processed in
  accordance with the provisions of this policy.
9. In addition, an employee who is on an unpaid leave of absence which does not
  qualify as FMLA leave shall be responsible for paying both the employee and
  employer portion of insurance premiums.
10. While on leave of absence for educational purposes or other justifiable personal
  reasons other than non-qualifying FMLA leave, illness, injury, or disability, an
  employee retains accumulated annual and sick leave, but does not earn or accrue
  additional annual or sick leave. In addition, an employee on leave of absence is
  not entitled to compensation for official holidays occurring within the leave
  period.
  1. An employee who has qualified for Workers’ Compensation may retain
    accumulated annual and sick leave.
11. In addition to the previously defined leave of absence policy, pursuant to T.C.A. §
  8-50-1102, public employees who qualify as members of a United States team for
  athletic competition, on the world, Pan-American or Olympic level in a sport
  contest in either Pan-American or Olympic competitions are eligible to request a
  leave of absence with or without pay for the purpose of preparing for and
  engaging in the competitions just described.
  1. Team is defined as meaning any group leader, coach, official, or athlete
    who comprises the official delegation of the United States to World, Pan
    American, or Olympic competition.
  2. In no event shall the total of all such leave exceed the period of the official
    training camp and competition combined plus a reasonable amount of
    travel or 90 calendar days a year whichever is less.
  3. The granting of leave under this section shall be discretionary with the
    College.
  4. In order to qualify for athletic competition leave, a public employee must:
    1. Be actively working for the College from whom the leave is
      requested at the time the request is made;
    2. Request such leave of absence a reasonable period prior to the date
      the public employee wishes the leave to commence;
    3. At the time of the request, the employee shall provide the College
      with the actual or anticipated dates of the competition, the dates of
      the official training camp and specify the total number of leave
      days that will be necessary in order for the public employee to
      participate;
    4. The public employee must provide satisfactory evidence of
      qualification and selection for participation.
12. An employee of the College who is a member of the United States Air Force
  Auxiliary Civil Air Patrol who participates in a training program for the civil air
  patrol, or in emergency and disaster services, shall be entitled to a leave of
  absence with pay for a period of not more than fifteen (15) days during a calendar
  year for such purposes if the leave of absence is at the request of the employee’s
  wing commander or the wing commander’s designated representative.
  1. Any leave of absence pursuant to this section shall be in addition to any
    other leave of the employee.
  2. All other rights and benefits of the employee, including seniority rights,
    insurance benefits, health insurance benefits, creditable service and all
    other such rights and benefits, shall continue.
  3. The employee may be granted leave pursuant to the provisions of this Act
    with or without pay subject to the complete discretion of the College.
  4. If leave of absence under this Chapter is granted with pay, the employee
    retains accumulated annual and sick leave and continues to earn or accrue
    additional annual and sick leave.
  5. The employee is also entitled to compensation for official holidays
    occurring within the leave period.
  6. If the leave is granted without pay, an employee retains accumulated
    annual and sick leave, but does not earn or accrue additional annual or sick
    leave.
  7. The employee on leave of absence without pay is not entitled to
    compensation for official holidays occurring within the leave period.
  8. The president of the College must approve the request.

Sources: TBR Policy 05:01:01:03; T.C.A. § 49-8-203; T.C.A. § 8-50-1102

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, 1982
Revised by TBR June 24, 1983
Revised by TBR September 30, 1983
Revised by TBR June 28, 1985
Revised by TBR June 26, 1987
Revised by TBR December 4, 1987
Revised by TBR September 22, 1989
Revised by TBR December 15, 1995
Revised by TBR March 15, 2002 (Finance and Administration approved April 11, 2002)
Revised by TBR September 25, 2008
Reviewed/Recommended: President’s Council, November 27, 2023
Approved: President L. Anthony Wise, Jr., November 27, 2023

Note: The provisions of this policy adopted at the August 15, 1975 meeting, became effective on
January 1, 1976, and changes in eligibility to earn leave or in the amount of leave earned for
period of service were prospective only.