Amends TCA Title 49.

This bill requires an LEA or public charter school to continue to pay an employee’s full salary and benefits if a salaried employee of an LEA or public charter school is absent from the employee's assigned duties as a result of personal injury caused by a physical assault or other violent criminal act committed against the employee while the employee was acting in the course and scope of the employee's employment with the LEA or public charter school. The LEA or public charter school must continue to pay the employee's full salary and full benefits until the employee is released by the employee's physician to return to work or is determined by the employee's physician to be permanently and totally disabled from returning to work, whichever occurs first. As used in this bill, "full benefits" means the benefits the employee was receiving from the LEA or public charter school when the employee was placed on leave due to the employee's personal injury and includes health insurance benefits. This bill further provides that, if an hourly employee of an LEA or public charter school is absent from the employee's assigned duties as a result of personal injury caused by a physical assault or other violent criminal act committed against the employee while the employee was acting in the course and scope of the employee's employment with the LEA or public charter school, then the LEA or public charter school must continue to pay the hourly employee an amount representing the average number of hours the employee works for the LEA or public charter school per pay period and the employee's full benefits (including health insurance benefits), if available, to the employee until the employee is released by the employee's physician to return to work or is determined by the employee's physician to be permanently and totally disabled from returning to work, whichever occurs first. However, an hourly employee is not eligible to receive the continued pay and benefits described in this bill if the employee has been employed by the LEA or public charter school for less than one full pay period. WORKERS' COMPENSATION OR SIMILAR BENEFITS This bill provides that, if at the time of the personal injury the employee is eligible for workers' compensation or other similar type benefits, then the employee must file a claim for those benefits. Notwithstanding this bill, if an employee receives benefits under a workers' compensation or similar type benefit while the employee is on leave, then the LEA or public charter school must pay the employee the difference between the employee's full salary or average pay (as applicable) and the workers' compensation or similar type benefits received by the employee. EFFECT ON LEAVE Under this bill, an employee on leave cannot receive more than the employee's full salary or average pay and full benefits the employee is eligible to receive. However, a leave of absence for personal injury resulting from an assault or other violent criminal act must not be charged to the employee's sick leave, personal leave, or professional leave accumulated or granted pursuant to this bill, if such leave is applicable or available to the employee. LIMITATIONS This bill provides that an LEA or public charter school is not required to pay the employee's full salary or average pay (as applicable), and full benefits, or the difference between the employee's full salary or average pay (as applicable), and the workers' compensation or similar type benefits received (if any) under this bill for more than one year. However, this bill does not discourage, diminish, invalidate, or supersede a policy, benefits package, or contract that provides greater benefits or leave for employees injured in the course and scope of the employee's employment with the LEA or public charter school.