Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0632 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	SENATE BILL 808
3		-	By Yarbro
	2	+	<BillNo> <Sponsor>
4	3
5	4		HOUSE BILL 632
6	5		By Clemmons
7	6
8	7
9	8		HB0632
10	9		001890
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 8,
14	13		relative to paid volunteer leave.
15	14
16	15		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
17	16		SECTION 1. Tennessee Code Annotated, Title 8, Chapter 50, Part 8, is amended by
18	17		adding the following new section:
19	18		(a)
20	19		(1) Volunteer leave may be granted:
21	20		(A) To each officer and employee described in § 8-30-102(b)(1)
22	21		who is scheduled to work one thousand six hundred (1,600) hours or
23	22		more in a fiscal year, whether compensated on an annual, hourly, daily,
24	23		monthly, or other basis, at the rate of fifteen (15) hours per year on the
25	24		service anniversary date of the employee following one (1) full year of
26	25		consecutive full-time service and at the beginning of each subsequent
27	26		year, at the discretion of the head of the department or agency and with
28	27		the approval of the commissioner of human resources; and
29	28		(B) To each state officer and employee other than individuals
30	29		described in § 8-30-102(b)(1) who is scheduled to work one thousand six
31	30		hundred (1,600) hours or more in a fiscal year, whether compensated on
32	31		an annual, hourly, daily, monthly, or other basis, at the rate of fifteen (15)
33	32		hours per year on the service anniversary date of the employee following
34	33		one (1) full year of consecutive full-time service and at the beginning of
35	34		each subsequent year, at the discretion of the head of the department or
	35	+	agency and with the approval of the commissioner of human resources.
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40		-	agency and with the approval of the commissioner of human resources.
41	40		For purposes of this subdivision (a)(1)(B), service anniversary dates must
42	41		be adjusted to account for gaps in paid employment as a state employee.
43	42		(2) Volunteer leave must be considered a non-cumulative benefit for all
44	43		earned days not used. Saturdays, Sundays, and official holidays falling within a
45	44		leave period must not be charged as leave, unless such days are considered
46	45		workdays for the employee in the employee's particular assignment. Part-time
47	46		employees, employees holding temporary positions for less than six (6) months,
48	47		seasonal employees, and emergency employees in the preferred service are
49	48		expressly excluded from this subsection (a).
50	49		(3) Volunteer leave may only be used for absence from duty because of
51	50		non-state Tennessee community commitments and obligations, such as activities
52	51		with nonprofit organizations, schools, or community initiatives, as a non-paid
53	52		volunteer following prior approval from a direct supervisor as the attendance of
54	53		the employee is necessary for the volunteer activities, except as otherwise
55	54		provided in this section.
56	55		(4) An employee utilizing volunteer leave shall submit formal written
57	56		verification of hours dedicated to volunteering at the pre-approved commitment
58	57		location to the direct supervisor or in a manner prescribed by the department of
59	58		human resources within seven (7) days after the usage date.
60	59		(5) An employee utilizing volunteer leave shall abide by the standards
61	60		outlined in the most recently published State of Tennessee – Code of Conduct,
62	61		particularly Standard 3, which asserts that clear distinctions must be made
63	62		between comments, statements, or actions made as a private individual and as a
64	63		representative of Tennessee. Further, employees utilizing volunteer leave shall
	64	+	not speak on behalf of their respective department or agency without prior
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69		-	not speak on behalf of their respective department or agency without prior
70	69		authorization to do so. Employees utilizing volunteer leave shall not make
71	70		unauthorized commitments or promises of any kind purporting to bind the
72	71		department or agency.
73	72		(b) The eligible employee must provide the appropriate appointing authority with
74	73		not less than fourteen (14) days' notice. If the eligible employee learns of the need for
75	74		leave less than fourteen (14) days in advance, the employee must give notice as soon
76	75		as reasonably possible and the deciding supervisor may still approve the request so long
77	76		as taking the leave will not disrupt the employee's normal job duties.
78	77		(c) Leave used by an eligible employee pursuant to this section must not be
79	78		charged against sick, annual, or other leave the employee may have accumulated.
80	79		Volunteer leave must be administered in alignment with the existing state leave policies
81	80		and must not affect sick leave, annual leave, or other benefits.
82	81		(d) Leave taken under this section may be used intermittently pursuant to this
83	82		part and must not result in a reduction in the total amount of leave to which the eligible
84	83		employee is entitled under this section beyond the amount of leave actually taken.
85	84		(e) An eligible employee who exercises the employee's right to leave under this
86	85		section, upon the expiration of that leave, is entitled to be restored to the position held by
87	86		the eligible employee when the leave commenced, or to a position with equivalent
88	87		seniority, status, employment benefits, pay, and other terms and conditions of
89	88		employment, including fringe benefits to which the eligible employee had been entitled at
90	89		the commencement of leave.
91	90		(f) During leave taken pursuant to this section, the employer shall maintain
92	91		healthcare benefits the eligible employee had prior to taking such leave for the duration
93	92		of the leave as if the eligible employee had continued in employment continuously from
	93	+	the date the eligible employee commenced the leave until the date the leave terminated;
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98		-	the date the eligible employee commenced the leave until the date the leave terminated;
99	98		provided, however, that the eligible employee must continue to pay the eligible
100	99		employee's share of the cost of the health benefits as required prior to the
101	100		commencement of the leave.
102	101		(g) It is unlawful for an employer or a person to interfere with, restrain, or deny
103	102		the exercise of, or the attempt to exercise, a right protected under this section without
104	103		proper cause and explanation as part of the supervisor approval process as described in
105	104		subdivision (a)(3). An employer shall not take retaliatory personnel action or otherwise
106	105		discriminate against a person because the employee exercised rights protected under
107	106		this section. It is unlawful for an employer to count paid leave under this section as an
108	107		act that may lead to or result in discipline, discharge, demotion, suspension, or other
109	108		adverse action. Violations of this section by an employer may result in administrative
110	109		penalties as determined by the department of human resources.
111	110		(h) The department of human resources shall establish procedures and policies
112	111		implementing this section with regard to executive branch agencies. With regard to
113	112		nonexecutive branch agencies, the equivalent of the agency's human resources office
114	113		shall establish procedures and policies for implementing this section, as applicable.
115	114		(i) As used in this section, "eligible employee" means an employee who has
116	115		been employed full-time with this state for at least twelve (12) months with an entity
117	116		described in § 8-30-102(a) or § 8-30-102(b).
118	117		SECTION 2. For purposes of promulgating rules and carrying out administrative duties
119	118		necessary to effectuate the provisions and intent of this act, this act takes effect upon becoming
120	119		a law, the public welfare requiring it. For all other purposes, including eligibility for leave under
121	120		this act, this act takes effect on July 1, 2025, the public welfare requiring it.