Civil Service Commission

Civil Service Commission Rules Section 4

ATTENDANCE AND LEAVE

SECTION 4.1 - WORK SCHEDULE

The Appointing Authority will establish the regular work period, shifts and work hours for the department, which will be part of the departmental rules. The standard work schedule for full-time employees must consist of forty (40) hours unless otherwise specified in the departmental rules as approved by the Civil Service Commission.

NOTE: See Fire and Police Chapters

SECTION 4.2 - ELIGIBILITY TO OBSERVE AND ACCRUE LEAVE

Full-time, probationary and grant-funded employees, if the grant allows, are eligible to observe paid holidays and to accrue vacation and sick leave. An employee whose services are being terminated, either voluntarily or involuntarily, shall not accumulate any additional sick leave or vacation days. (See Section 5.13)

Seasonal, part-time, emergency and temporary employees are not eligible to observe paid holidays and to accrue vacation and sick leave unless authorized in the departmental rules.

SECTION 4.3 - SCHEDULING AND APPROVAL OF LEAVE

All leaves must be requested as far in advance as possible. The Appointing Authority or designee shall have the discretion to approve all leave requests.

The immediate supervisor shall have the discretion to schedule and approve compensatory time off for an employee. The employee may be permitted by the immediate supervisor to use compensatory time earned within a reasonable time after making a request for time, if the use of such time does not unduly disrupt the operation of the department.

SECTION 4.4 - ABSENT WITHOUT LEAVE

An employee who fails to report to work for whatever reason, unless prior approval has been given, shall be required to notify the designated supervisor in his department stating a reason for his absence. This notification must be made no later than the first hour of the employee's scheduled work day. When notification is given the supervisor may approve the absence or may instruct the employee that he/she is being recorded as being on absence without leave. The failure of an employee to comply with this rule or having time recorded as absence without leave may be considered grounds for disciplinary action.

SECTION 4.5 - HOLIDAYS
  1. Holiday Schedule

    The following will be declared official holidays, and all employees will be excused without charge to leave, except those employees required to maintain essential operation, who shall be compensated in accordance with Section 5.7.

    New Year's Day January 1
    Martin Luther King Day Third Monday in January
    President's Day Third Monday in February
    Memorial Day Last Monday in May
    Independence Day July 4
    Labor Day First Monday in September
    Thanksgiving Day Fourth Thursday in November
    Friday after Thanksgiving Friday after Thanksgiving
    Christmas Eve December 24
    Christmas Day December 25

    Holidays that fall on Sunday will be observed on the following Monday and holidays that fall on Saturday will be observed on the Friday before by those employees working Monday through Friday. On those occasions when Christmas Day falls on Monday, the Christmas Eve holiday will be observed on the Tuesday following Christmas Day: on those occasions when Christmas falls on Saturday, the Christmas holiday will be observed on the subsequent Monday. If a holiday is observed on an employee's day off, the employee may be scheduled for a floating holiday during the week of the holiday or the following week. If community practice dictates a change in the day observed, the Director of Human Resources shall have discretion to change the dates for that year.

    NOTE: See Fire Chapter

  2. Effect of Other Leaves

    An employee who is recorded with absence without leave for any part of the day immediately preceding or following a holiday(s) shall lose pay for the holiday as well as for the other day(s) off. Official holidays occurring during any other paid leave shall not be charged to the employee's other paid leave time.

    If a holiday falls within a period where an employee is on LWOP status which has been approved to last for more than 20 working days, then the employee shall not be paid holiday pay. This shall only apply to the period of time around the specific holiday.

SECTION 4.6 - VACATION
  1. Vacation Earnings Schedule

    Vacation leave is earned and accrued on a monthly basis according to the schedule below, based on months of service according to the continuous service date. Generally, with some exceptions, an employee must be in a paid status the entire month in order to earn a vacation day (see Policy 4.6/4.7 A-I for guidelines). No employee may give or loan vacation to another employee.

    Service with Metro Days per Year. Days per Month Hrs. per Month
    Hire thru 5th year (1-60 mos.) 10 .833 6.667
    6-10 years (61-120 months) 15 1.250 10.000
    11th year (121-132 months) 16 1.333 10.667
    12th year (133-144 months) 17 1.417 11.333
    13th year (145-156 months) 18 1.500 12.000
    14th year (157-168 months) 19 1.583 12.667
    15th year (169-180 months) 20 1.667 13.333
    16th year (181-192 months) 21 1.750 14.000
    17th year (193-204 months) 22 1.833 14.667
    18th year (205-216 months) 23 1.917 15.333
    19th year (217-228 months) 24 2.000 16.000
    20th year or more (229 mos.) 25 2.083 16.667

    Note: (See Police and Fire Chapter).

  2. Vacation Accrual

    Vacation may be accrued to an amount equal to three times the employee's current annual accrual rate.

SECTION 4.7 - SICK LEAVE
  1. Policy

    Sick leave shall be considered a benefit and privilege and not a right. An employee may utilize his sick leave allowance for absence due to his illness, non-occupational injury or illness, or development or existence of a contagious disease endangering the health of other employees. Sick leave may also be used for appointments with a licensed doctor, dentist or other licensed health professional. When appropriate, a partial sick day may be used rather than a full day. Up to five days in a calendar year may be used for the illness of an employee's spouse, parent, or child, who lives in the employee's household or for whom the employee is the primary caretaker. For approved FMLA leave, there shall be a limit of twenty (20) days of paid sick leave, including the five days just described, that an employee may use to care for an employee’s spouse, parent, or child, who lives in the employee’s household or for whom the employee is the primary caregiver. (See Civil Service Policy 4.16) Employees who become ill during the period of their vacation may request that their vacation temporarily be terminated and the time changed to sick leave. However, such request must be justified by means of a doctor's statement upon return to work. No employee may give or loan sick leave to another employee. An employee who requests sick leave, unless prior approval is given, shall be required to notify the designated supervisor in his department stating a reason for his absence.

  2. Earning and Accrual of Sick Leave

    Probationary and Civil Service employees shall earn sick leave at a rate of one (1) eight-hour day for each calendar month of service. Generally, with some exceptions, an employee must be in a paid status the entire month in order to earn a sick day (see Policy 4.6/4.7 A-I for guidelines). Unused sick leave shall be accumulated to a maximum of two hundred (200) days for employees hired July 1, 1989 or earlier. Employees hired after July 1, 1989 may accumulate a maximum of one hundred and twenty (120) days. Any days earned in excess of the 200 or 120 days will be placed in a separate “bank”, to be applied as credit towards a service pension (as outlined by Benefit Board guidelines). Once pension credits are placed in this bank, they cannot be transferred back for regular sick leave use. For example, an employee has 200 days and accrues twelve more which are placed in the “bank”. If he uses twenty, they will be deducted from the two hundred. The twelve will remain in the bank. The employee would have to accrue twenty days and reach 200 again before any additional days go in the bank. Any days in the bank are never available to be used for sick leave.

    Note: See Fire and Police Chapters

  3. Medical Documentation of Sick Leave

    An employee may be required to provide a physician's statement verifying his use of sick leave, regardless of the length of time involved, when the employee develops a documented pattern of attendance which indicates that there may be a problem, or if abuse of sick leave is suspected (See Attendance Policy). Such physician's statement should verify that the time was needed for medical purposes but not give specific medical information. If the Appointing Authority has reason to question the validity of a claim for continued sick leave, he shall require the employee to be evaluated by the Health Department.

    When an employee's continuing illness spans ten or more work days, he may be required to furnish a physician's statement which shall include the date the employee is anticipated to return to work. Additional physician's statements may be required every ten workdays thereafter until the employee returns to work. If, based on medical information, it appears that an employee can no longer perform the essential duties of his position, the Appointing Authority may refer him to the Metropolitan Health Department for a recommendation as to the provision of reasonable accommodation or the employee's fitness for continued employment. If the Health Department determines that the employee is not physically fit for continued employment and his condition cannot be reasonably accommodated, the Appointing Authority will notify the employee that he must immediately apply for a disability pension, if eligible.

  4. Abuse of Sick Leave

    An employee who is suspected of abusing sick leave may be required to provide a physician's statement verifying his illness. Employees who abuse sick leave, or deliberately cause others to make false or misleading statements or claims shall be subject to dismissal or other appropriate disciplinary action. Any supervisor knowingly condoning unjustified sick leave of an employee shall be subject to disciplinary action.

  5. Conversion of Sick Leave

    Employees other than those in the Police and Fire Departments and the Office of Emergency Communications having twenty-four (24) or more sick leave days, in January of each year, may elect to convert up to three (3) sick days to three (3) personal days. Such days are not cumulative and must be scheduled and taken in the current calendar year and cannot be reconverted to sick leave. Days not converted will continue to accumulate as sick leave. (see Rule 4.18 and Police and Fire Chapters)

  6. Sick Leave Buy-Out

    Generally, when an employee leaves employment with Metro Government, he forfeits unused sick leave. Upon approval by the Civil Service Commission and the Department of Finance, however, a program may be enacted to allow retiring employees to be paid for a portion of unused sick leave. The specifics of any such plan will be determined in conjunction with the approval required.

SECTION 4.8 - IN-LINE-OF-DUTY INJURY LEAVE
  1. Purpose

    Injury leave is used when an employee has an on-the-job injury or develops an occupational illness arising from employment with Metro Government. It is intended to provide salary continuation and job security until such time as the employee can return to his regular duties, with or without accommodation, or is determined as disabled from performing the essential duties of his job.

  2. Notice of Injury

    Injury - Every injured employee or his representative shall, immediately upon the occurrence of an injury, even if medical attention is not needed, give written notice of the injury to his supervisor. If an injury is not realized upon occurrence, written notice must be given the next working day after realization and within ten days after the occurrence of the injury.

    Occupational Illness - When an incident occurs which may result in an occupational illness, the employee or his representative shall give written notice of the incident to his supervisor, even if no medical treatment is needed at that time. If a directly related occupational illness develops later, the employee must give written notice to his supervisor within ten working days after diagnosis.

    General Reporting Requirements - Reporting by each department of In-line-of-duty injuries and follow-up case management will be under the guide lines of the Employee Benefit Board.

  3. Determination of Injury Leave

    It shall be the responsibility of the appointing authority or his designated representative to determine if an employee reporting an injury or occupational illness is entitled to injury leave. An employee may appeal through the grievance procedure if he disagrees with the determination. Injury leave should not be granted in the following circumstances:

    1. Injury

      • Injury leave should be denied in those cases where the written notice is given on time but the appointing authority or his designee has reason to doubt the legitimacy of a claim for injury leave or the medical information is inconclusive.
      • Injury leave should be denied from the date of an injury to the date of giving written notice unless it can be shown that the supervisor had actual knowledge of the accident.
      • Injury leave should be denied if written notice of the injury is not given the supervisor immediately and the appointing authority or his designee has reason to doubt the legitimacy of the claim for injury leave.
      • Injury leave should be denied if written notice is not given within ten working days of the accident unless it can be shown that the supervisor had actual knowledge of the accident.

    2. Occupational Illness

      • If the illness is attributed to a specific incident and the employee failed to give written notice of the incident immediately to the supervisor, injury leave should be denied. Some illnesses are not attributable to a specific accident or illness. In such cases injury leave should be denied if the appointing authority or his designee has reason to doubt the claim for injury leave or the medical information is inconclusive.
      • Injury leave not attributable to a specific incident should be denied if written notice of the illness is not given to the supervisor within ten days of the diagnosis.

    3. Willful Misconduct or intentional self-inflicted injury and pre-existing conditions

      Injury leave should be denied if the injury is due to the employee's willful misconduct or intentional, self-inflicted injury; due to intoxication; due to a willful failure or refusal to use a safety appliance; or a sports-related injury unless participation is required by the job description. This exclusion does not apply to mandatory physical fitness programs as mandated by the Appointing Authority.

      In order for aggravation of a pre-existing condition to be covered as injury leave, the employee must cite the specific incident which caused the problem.

  4. Period of Compensation

    Leave for an injury shall extend for such time as the injured employee is unable to work, but in no event beyond 130 working days for the same or recurring injury. When the Civil Service Medical Examiner determines that the employee is disabled and will not be able to return to work, after full consideration of possible reasonable accommodation, the employee should immediately apply for the appropriate pension. An employee applying for a disability pension is required to notify his Appointing Authority, who will investigate the possibility of accommodating the employee's restrictions before the pension application is processed.

    If, after exhausting all 130 working days of injury leave, an employee has returned to work, and in a calendar year subsequent to the year the employee exhausted his six (6) months injury leave, the employee requires surgery for the same or recurring injury, the employee shall receive up to thirty (30) additional working days injury leave per calendar year for the purpose of having surgery performed and recovery from surgery. This additional leave shall be available in any subsequent calendar year following the year the initial 130 work days injury leave was exhausted, so long as the employee is actively at work for the Metropolitan Government.

  5. Compensation Received

    During the period of time an employee is on injury leave he shall be entitled to receive his pay as established by the Pay Plan, subject to all other provisions as set out herein.

  6. Use of Sick Leave

    An employee who is injured on-the-job or develops an occupational illness shall be granted injury leave. Such leave shall not be charged against the employee's sick leave nor may the employee use sick leave for such time with the following exception: An employee shall be allowed to use up to five (5) of his sick days available in each subsequent year for a recurrence of an IOD injury after the initial 130 days of injury leave are exhausted.

  7. Employee Claims Against Third Party

    When an on-the-job injury was caused under circumstances creating a legal liability against someone other than the Metro Government, the injured employee shall have the right to receive injury leave benefits and may pursue his remedy by proper action in a court of competent jurisdiction against the person. In the event of recovery against such third party by judgment, settlement or otherwise, and the Government's maximum liability for benefits has been partially or fully paid and discharged, the Government shall have a subrogation right thereof against such recovery. If the net recovery by the injured employee exceeds the amount paid by the Government and a future liability is anticipated, the Government shall be entitled to a credit on its future liability.

SECTION 4.9 - BEREAVEMENT LEAVE

In the event of a death in an employee's immediate family, the employee shall be granted a reasonable paid absence up to five (5) working days. Consideration will be given to the relationship of the employee to the deceased, the employee's responsibilities, logistics, travel, etc. An employee may be granted up to one full work shift to attend the funeral of a member of the extended family. Immediate and extended family are defined in chapter ten (10).

SECTION 4.10 - ADMINISTRATIVE LEAVE WITH PAY

Absence with pay for administrative purposes may be granted by the Appointing Authority only when other paid leave is not appropriate. This leave will not exceed five working days per calendar year unless approved by the Civil Service Commission. The five working day limit can be extended by the Appointing Authority to ten (10) working days when the employee is on Administrative Leave with Pay pending a disciplinary hearing.

SECTION 4.11 - JURY LEAVE

Upon receiving a summons to report for jury duty any employee shall, on the next day he is engaged in his employment, exhibit the summons to his immediate superior and the employee shall thereupon be excused with pay from his employment for the day or days required of him while serving as a juror in any court of the United States or the State of Tennessee, provided that such employee's responsibility exceeds three (3) hours during the day for which excuse is sought. When jury service, including travel, does not exceed three (3) hours the employee shall be required to return to work. In addition to his pay, the employee will be allowed to retain any per diem paid to him by the court.

If a Civil Service employee summoned for jury duty is working a night shift or is working during hours preceding those in which court is normally held, such employee shall also be excused with pay from his employment as provided by this section for the shift immediately preceding his/her first day of service on any lawsuit. After the first day of service, when such person's responsibility for jury duty exceeds three (3) hours during a day then such person shall be excused from his next scheduled work period occurring within twenty-four (24) hours of such day of jury service. Any question concerning the application of this provision to a particular work shift or shifts shall be conclusively resolved by the trial judge of the court to which the employee has been summoned.

This section shall not apply to any employee who has been employed on a temporary basis for less than six months.

SECTION 4.12 - MILITARY LEAVE
  1. Annual Training

    Civil Service employees who are members of any military reserve component will be granted military training leave, with pay, for such time as they are in the military service on field training or active duty for a period not to exceed twenty (20) working days each calendar year. Such requested leave shall be supported with copies of the armed forces orders and follow-up documentation and shall be granted by the Appointing Authority.

  2. Re-employment Following Active Duty

    Former Civil Service employees will be granted reemployment rights as provided by law.

SECTION 4.13 - MATERNITY LEAVE

Sick leave will be granted for maternity purposes when supported by a medical certificate that the employee is physically unable to perform her duties. The employee may also take any accumulated vacation time and/or request leave without pay. Provisions of the Family and Medical Leave Act and the Tennessee state law on Maternity Leave, copied in the back of these rules, shall apply (Appendix 3 and 4).

SECTION 4.14 - LEAVE WITHOUT PAY

Any employee may, at the discretion of the Appointing Authority, be granted leave without pay for any reason, not to exceed twenty (20) work days within a calendar year. Upon the recommendation of the Appointing Authority, the Director of Human Resources may approve leave without pay in excess of twenty (20) work days but not to exceed six (6) calendar months. The Appointing Authority shall not fill the position held by the employee on leave without pay except temporarily until the leave of absence has expired and not been extended or the employee notifies the Appointing Authority, in writing, that he/she will not be returning to the position. The Appointing Authority may request that this leave be rescinded and that the employee be ordered to return to work.

Leave without pay in excess of twenty (20) cumulative work days in a calendar year will be deducted from the employee's continuous service date for the purposes of determining longevity and Civil Service benefits.

The above provisions concerning the maximum length of time an employee may be granted leave without pay do not apply to employees on leave pursuant to a reasonable accommodation under the Americans with Disabilities Act.

SECTION 4.15 - LEAVE FROM CIVIL SERVICE STATUS

In some cases it benefits both Metro Government and an employee for the employee to work in a non-Civil Service position. In such a case the Appointing Authority may request that the Civil Service Commission grant the employee a leave from Civil Service status. At any time the Appointing Authority may request that this leave be rescinded and order the employee to return to his Civil Service position. Any person on such leave shall continue to earn service credit.

The Commission may grant such leave for a period of up to one (1) calendar year at a time. The Appointing Authority may leave the position open, fill the position, or allocate the funds to another area of the budget. Upon return from leave the employee will be placed in his previous Civil Service classification. If the employee's position has been filled or eliminated, the Appointing Authority must make the necessary budget and/or organizational adjustments to facilitate the return of the employee. This may include necessary layoffs and/or rollbacks as provided for in Section 3.11 of the rules.

SECTION 4.16 - FAMILY AND MEDICAL LEAVE ACT

Employees who are eligible may be granted leave pursuant to the Metro FMLA Policy Handbook, provided to employees when hired, available to employees by contacting their supervisor and/or HR Coordinator, or available to employees on the Metro website at www.nashville.gov, Human Resources sub-site. (See Civil Service Policy 4.16).

SECTION 4.17 - PARENT TEACHER CONFERENCES

Metropolitan Government employees, who are scheduled to work, shall be granted up to three (3) hours Administrative Leave on the first day of school to attend school with their child if requested, provided it does not disrupt the workplace. Furthermore, each employee shall be allowed to use up to six (6) hours sick or vacation leave per child a year, to attend school functions or parent/teacher conferences, again, provided it does not disrupt the workplace.

SECTION 4.18 - PERSONAL LEAVE

Employees of the Emergency Communications Center shall receive three (3) annual personal leave days. Such days shall be scheduled and taken with the approval of the Appointing Authority or his designee and may not be accrued from one calendar year to the next.

SECTION 4.19 - EMPLOYEE VOLUNTEER IN SCHOOLS PROGRAM

Metropolitan Government employees, who are scheduled to work, are eligible for up to two (2) hours of paid work-time per week, to participate in the Metropolitan Nashville Public School employee volunteer program during the school calendar year.  The Appointing Authority shall have the discretion to approve all requests under this Section.  No request shall be granted under this Section if it is determined by the Appointing Authority that it would disrupt the workplace.  Employees shall comply with all applicable Civil Service Rules and Policies while participating in the Metropolitan Nashville Public School employee volunteer program.  During the work-time granted under this Section, employees are determined to be acting within the scope of their employment while participating in the Metropolitan Nashville Public School employee volunteer program pursuant to its policies and procedures.