HB 632

LEGISLATIVE BRANCH OFFICERS AND EMPLOYEES This bill authorizes volunteer leave t o each officer and employee of the legislative branch of state government who is scheduled to work 1,600 hours or more in a fiscal year, whether compensated on an annual, hourly, daily, monthly, or other basis, at the rate of 15 hours per year on the service anniversary date of the employee following one full year of consecutive full-time service and at the beginning of each subsequent year, at the discretion of the head of the departmen t or agency and with the approval of the commissioner of human resources . OTHER OFFICERS AND EMPLOYEES OF STATE GOVERNMENT This bill authorizes volunteer leave t o each state officer and employee other than individuals described above who is scheduled to work 1,600 hours or more in a fiscal year, whether compensated on an annual, hourly, daily, monthly, or other basis, at the rate of 1 5 hours per year on the service anniversary date of the employee following one full year of consecutive full-time service and at the beginning of each subsequent year, at the discretion of the head of the department or agency and with the approval of the commissioner of human resources. For purposes of this provision , service anniversary dates must be adjusted to account for gaps in paid employment as a state employee. NON-CUMULATIVE BENEFIT – TEMPORARY EMPLOYEES EXCLUDED This bill requires volunteer leave for state employees to be considered a non-cumulative benefit for all earned days not used. Saturdays, Sundays, and of ficial holidays falling within a leave period must not be charged as leave, unless such days are considered workdays for the employee in the employee's particular assignment. Part-time employees, employees holding temporary positions for less than six mo n ths, seasonal employees, and emergency employees in the preferred service are expressly excluded from the volunteer leave described in the paragraphs above. AUTHORIZED USES FOR VOLUNTEER LEAVE This bill requires volunteer leave for state employees to on ly be used for absence from duty because of non-state Tennessee community commitments and obligations, such as activities with nonprofit organizations, schools, or community initiatives, as a non-paid volunteer following prior approval from a direct superv isor as the attendance of the employee is necessary for the volunteer activities, except as otherwise provided in this bill . PROCESS TO REQUEST VOLUNTEER LEAVE This bill requires a n employee utilizing volunteer leave to submit formal written verification of hours dedicated to volunteering at the pre-approved commitment location to the direct supervisor or in a manner prescribed by the department of human resources within seven days after the usage date. This bill requi res a n employee utilizing volunteer leave to abide by the standards outlined in the most recently published State of Tennessee – Code of Conduct, particularly Standard 3, which asserts that clear distinctions must be made between comments, statements, or a ctions made as a private individual and as a representative of Tennessee. Further, employees utilizing volunteer leave must not speak on behalf of their respective department or agency without prior authorization to do so. Employees utilizing volunteer l eave must not make unauthorized commitments or promises of any kind purporting to bind the department or agency. This bill requires the eligible employee to provide the appropriate appointing authority with not less than 14 days' notice. If the eligible employee learns of the need for leave less than 14 days in advance, the employee must give notice as soon as reasonably possible and the deciding supervisor may still approve the request so long as taking the leave will not disrupt the employee's normal j ob duties. As used in this bill, "eligible employee"" means an employee who has been employed full-time with this state for at least 12 months with the following entities:  T he executive branch and all boards, commissions, and agencies ;  The legislative branch of state ;  The judicial branch of state government ;  The office of the secretary of state ;  The office of the state treasurer ;  The office of the comptroller of the treasury ;  The office of the attorney general ;  The offices of the district attorneys general and the district public defenders ;  The schools, institutions, and entities governed by the state university boards, the board of regents, and the board of trustees of the University of Tennessee ; the Tennessee School for the Blind, Tennessee School for the Deaf, West Tennessee School for the Deaf, Alvin C. York Institute ; and any other special school ;  Any administrative boards and commissions ;  The Tennessee higher education commission ;  The Tennessee advisory commission on intergovernmental relations ;  The Tennessee housing development agency ; and  The Tennessee rehabilitative initiative in correction board . ADMINISTRATION OF VOLUNTEER LEAVE This bill prohibits volunteer l eave used by an eligible employee from being charged against sick, annual, or other leave the employee may have accumulated. Volunteer leave must be administered in alignment with the existing state leave policies and must not affect sick leave, annual leave, or other benefits. Volunteer l eave may be used intermittently but must not re sult in a reduction in the total amount of leave to which the eligible employee is entitled under this bill beyond the amount of leave actually taken. This bill provides that a n eligible employee who exercises the employee's right to leave under this bil l, upon the expiration of that leave, is entitled to be restored to the position held by the eligible employee when the leave commenced, or to a position with equivalent seniority, status, employment benefits, pay, and other terms and conditions of employm ent, including fringe benefits to which the eligible employee had been entitled at the commencement of leave. During leave taken pursuant to this bill, this bill requires the employer to maintain healthcare benefits the eligible employee had prior to taking such leave for the duration of the leave as if the eligible employee had continued in employment continuously from the date the eligible employee commenced the leave until the date th e leave terminated if the eligible employee continue s to pay the eligible employee's share of the cost of the health benefits as required prior to the commencement of the leave. This bill provides that i t is unlawful for an employer or a person to interfe re with, restrain, or deny the exercise of, or the attempt to exercise, a right protected under this bill without proper cause and explanation as part of the supervisor approval process as described in this bill. An employer must not take retaliatory pers onnel action or otherwise discriminate against a person because the employee exercised rights protected under this bill . It is unlawful for an employer to count paid leave under this bill as an act that may lead to or result in discipline, discharge, demo tion, suspension, or other adverse action. Violations of this section by an employer may result in administrative penalties as determined by the department of human resources. PROCEDURES AND POLICIES FOR EXECUTIVE BRANCH AGENCIES This bill requires t he department of human resources to establish procedures and policies implementing this bill with regard to executive branch agencies. With regard to nonexecutive branch agencies, the equivalent of the agency's human resources office must establish procedur es and policies for implementing this bill, as applicable."