Amends TCA Section 8-33-110 and Section 58-1-230.

UNPAID LEAVE FOR TENNESSEE ARMY AND AIR NATIONAL GUARD Present law provides that all officers and employees of this state or of any county, municipality, school district, or other political subdivision; all other public employees of this state; and all private sector employees who are members of the Tennessee army and air national guard, the Tennessee state guard, or civil air patrol and who are on active state duty pursuant to the governor's power to order the national guard or Tennessee state guard into active service of the state are entitled to the following: (1) An unpaid leave of absence from their respective duties, without loss of time, pay not specifically related to leave of absence time, regular leave or vacation, or impairment of efficiency rating for all periods of service during which they are engaged in the performance of duty or training in the service of this state under competent orders, including the performance of duties in an emergency; and (2) Equivalent protections regarding the right to reemployment to those protections afforded under federal law to service members called to federal active service. This bill adds to the present law by expanding on the meaning of active state duty by including the following individuals: (1) Members of the national guard, with their consent, who are called by the governor to active state duty to perform any official duties in connection with national guard activities; (2) Members of the national guard who serve outside the borders of this state or of the United States in order to perform military duty of every description and to participate in parades, reviews, cruises, conferences, encampments, maneuvers or other training and to participate in small arms and other military competitions and to attend service schools; (3) Members and units of the national guard who assemble for such drill, or other equivalent training, instruction or duties during each year and who participate in such field training, encampments, maneuvers, schools, conferences, or other similar duties each year as may be ordered by competent authority; and (4) Members of the national guard, with their consent, who are ordered by the governor, or under the governor's authority, to perform special duty. DEATH BENEFIT Present law requires the death benefit paid for any member of the national guard who dies while performing full time training or duty to be the same as those provided under the state's Workers' Compensation Law. However, (i) the paid benefit must be based on and determined by the percentage of the average weekly pay the guard member would have received while on active federal duty, (ii) the paid benefit is not allowed to be less than $100,000, and (iii) at the option of the beneficiaries, the amount must be paid in a lump sum and without being commuted. This bill revises (i) above by providing, instead, that the death benefit must be based on and determined by the average weekly wage of the guard member, as determined by the greater of the average weekly wage earned by the guard member in the guard member's civilian employment at the time the state active duty orders were issued or the average weekly wage the guard member would have received while on active federal duty. INJURY COMPENSATION Present law requires the division of claims and risk management to compensate a guard member in the same manner and to the same extent as now provided under the state's Workers' Compensation Law when any member of the national guard is injured while performing a duty. However, the following applies: (1) The compensation so paid must be based upon and determined by the percentage of the average weekly pay the guard member would have received while on active duty; (2) The compensation so received must in no event be less than $50 per week; and (3) The compensation must be payable in a lump sum without commutation. This bill revises the present law by requiring, instead, that the division of claims and risk management compensate the guard member in the same manner and to the same extent as provided under the state's Workers' Compensation Law when a member of the national guard is injured while performing full-time training, or duty. However, the following applies: (1) The compensation must be based on the average weekly wage of the guard member, as determined by the greater of (i) the average weekly wage earned by the guard member in the guard member's civilian employment at the time the state active duty orders were issued; or (ii) the average weekly wage the guard member would have received while on active federal duty; and (2) The compensation for permanent partial disability must be payable in a lump sum without commutation. Compensation for temporary disability and permanent total disability may be paid periodically in the same manner as provided under the state's Workers' Compensation Law.