HB0983113th GA (Historical)Introduced

Amends TCA Title 4; Title 8 and Title 49.

Present law generally requires an officer or employee of a state department or agency, who is scheduled to work 1,600 hours or more in a fiscal year, to 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. Sick leave may be granted to such officer or employee at the rate of one day for each month of service or major fraction thereof, at the discretion of the head of the department or agency and with the approval of the commissioner of human resources. Sick leave must be cumulative for all earned days not used. Saturdays, Sundays, and official holidays falling within a leave period must not be charged as leave, unless such days are considered work days in the employee's particular assignment.<br /> <br /> Present law also requires special leave to be granted for a period of 12 weeks to adoptive parents. Employees may use sick leave and annual leave for all or a portion of that 12 weeks, not to exceed the employee's leave balance if the child is one year old or less. In the event both parents are state employees, then the aggregate of sick leave used for such purpose is limited to 12 weeks. In order to be eligible for adoptive leave, an employee must submit to the appointing authority a statement from a state-licensed child-placing agency verifying the adoption. Additional special leave may be granted at the discretion of the appointing authority not to exceed one year. In the event the adoption process is not completed, then the approval of leave is rescinded. This leave does not apply in the case of a stepchild or adult adoption.<br /> <br /> PAID LEAVE FOR BIRTH, STILLBIRTH, OR ADOPTION<br /> <br /> This bill requires an eligible employee to be granted absence from work with pay, at 100 percent of the employee's salary, for a period of 12 work weeks after the birth or stillbirth of the employee's child, or the employee's adoption of a newly placed minor child, upon the employee giving 30-days' notice to the employee's LEA. However, if an employee learns of the birth, stillbirth, or adoption less than 30 days in advance of the event, then the employee must give notice as soon as reasonably possible. This bill defines an "eligible employee" as a teacher, principal, supervisor, or other individual required by law to hold a valid license or qualification for employment in a LEA and who has been employed full time with a LEA for at least 12 consecutive months. <br /> <br /> This bill provides that an eligible employee who is granted such leave must not be required to use the employee's sick, annual, or other leave for the leave taken. However, the leave granted for the birth, stillbirth, or adoption counts toward the employee's use of leave required to be given under the federal Family and Medical Leave Act. <br /> <br /> This bill prohibits an eligible employee from receiving more than 12 work weeks of paid leave within a 12-month period. The 12 work weeks do not need to be consecutively taken as long as the leave is used within 12 months of the birth, stillbirth, or adoption.<br /> <br /> This bill requires each LEA to establish policies for implementing this bill.<br /> <br /> ON APRIL 20, 2023, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 983, AS AMENDED.<br /> <br /> AMENDMENT #2 revises this bill to grant leave for six work weeks instead of 12 work weeks, and to require the state to reimburse an LEA that provides paid leave pursuant to the bill in an amount equal to the leave paid by the LEA.<br />

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Overview

Present law generally requires an officer or employee of a state department or agency, who is scheduled to work 1,600 hours or more in a fiscal year, to 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. Sick leave may be granted to such officer or employee at the rate of one day for each month of service or major fraction thereof, at the discretion of the head of the department or agency and with the approval of the commissioner of human resources. Sick leave must be cumulative for all earned days not used. Saturdays, Sundays, and official holidays falling within a leave period must not be charged as leave, unless such days are considered work days in the employee's particular assignment.<br /> <br /> Present law also requires special leave to be granted for a period of 12 weeks to adoptive parents. Employees may use sick leave and annual leave for all or a portion of that 12 weeks, not to exceed the employee's leave balance if the child is one year old or less. In the event both parents are state employees, then the aggregate of sick leave used for such purpose is limited to 12 weeks. In order to be eligible for adoptive leave, an employee must submit to the appointing authority a statement from a state-licensed child-placing agency verifying the adoption. Additional special leave may be granted at the discretion of the appointing authority not to exceed one year. In the event the adoption process is not completed, then the approval of leave is rescinded. This leave does not apply in the case of a stepchild or adult adoption.<br /> <br /> PAID LEAVE FOR BIRTH, STILLBIRTH, OR ADOPTION<br /> <br /> This bill requires an eligible employee to be granted absence from work with pay, at 100 percent of the employee's salary, for a period of 12 work weeks after the birth or stillbirth of the employee's child, or the employee's adoption of a newly placed minor child, upon the employee giving 30-days' notice to the employee's LEA. However, if an employee learns of the birth, stillbirth, or adoption less than 30 days in advance of the event, then the employee must give notice as soon as reasonably possible. This bill defines an "eligible employee" as a teacher, principal, supervisor, or other individual required by law to hold a valid license or qualification for employment in a LEA and who has been employed full time with a LEA for at least 12 consecutive months. <br /> <br /> This bill provides that an eligible employee who is granted such leave must not be required to use the employee's sick, annual, or other leave for the leave taken. However, the leave granted for the birth, stillbirth, or adoption counts toward the employee's use of leave required to be given under the federal Family and Medical Leave Act. <br /> <br /> This bill prohibits an eligible employee from receiving more than 12 work weeks of paid leave within a 12-month period. The 12 work weeks do not need to be consecutively taken as long as the leave is used within 12 months of the birth, stillbirth, or adoption.<br /> <br /> This bill requires each LEA to establish policies for implementing this bill.<br /> <br /> ON APRIL 20, 2023, THE HOUSE ADOPTED AMENDMENT #2 AND PASSED HOUSE BILL 983, AS AMENDED.<br /> <br /> AMENDMENT #2 revises this bill to grant leave for six work weeks instead of 12 work weeks, and to require the state to reimburse an LEA that provides paid leave pursuant to the bill in an amount equal to the leave paid by the LEA.<br />

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Sponsor

Unknown

Details
Session

113th General Assembly

Introduced

January 30, 2023

Subjects
47451585

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