Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 02, 2024 | Updated by Findlaw Staff
(a)(1) Subject to the eligibility requirements of subdivision (a)(2) and in addition to the leave of absence provided in § 8-33-109, all officers and employees of this state, or any department or agency thereof, 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 are on active state duty pursuant to § 58-1-106 are entitled to:
(A) 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
(B) Equivalent protections regarding the right to reemployment to those protections afforded under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) (38 U.S.C. § 4301 et seq.) to service members called to federal active service.
(2) To be eligible for the protections set forth in subdivision (a)(1), a person must satisfy the following conditions:
(A) A person whose period of service in the uniformed services was thirty (30) days or less must report for work to the person's employer not later than the first full regularly scheduled work period following a period of eight (8) hours after the person has completed the person's period of service and has been safely transported to the person's residence, unless reporting for work within that time period is not reasonably practicable through no fault of the person, in which case the person must report for work as soon as reasonably practicable;
(B) A person whose period of service in the uniformed services was greater than thirty (30) days but not more than one hundred eighty (180) days must submit an application for reemployment with the person's employer within fourteen (14) days after completion of the person's period of service, unless doing so is not reasonably practicable through no fault of the person, in which case the person must submit an application for reemployment as soon as reasonably practicable; or
(C) A person whose period of service in the uniformed services was greater than one hundred eighty (180) days must submit an application for reemployment with the person's employer within ninety (90) days after completion of the period of service.
(b) Persons covered by subsection (a) shall, unless impossible or unreasonable under the circumstances of the person's call to active state duty, provide advance notice to their employer of competent orders calling the person to active state duty.
(c) The chancery court for the jurisdiction in which a person covered by subsection (a) is employed has the jurisdiction and authority to enforce this section, including the authority to order an employer to comply with this section.
Cite this article: FindLaw.com - Tennessee Code Title 8. Public Officers and Employees § 8-33-110 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-8-public-officers-and-employees/tn-code-sect-8-33-110/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)