8-33-101. Chapter definitions.

When used in this chapter: 

(1) (A) "Military duty" means: 

(i) Training and service performed by an inductee, enlistee, or reservist or any entrant into a temporary component of the armed forces of the United States; and 

(ii) Time spent in reporting for and returning from such training and service, or if a rejection occurs, from the place of reporting for such training and service; 

(B) "Military duty" also includes active duty training as a reservist in the armed forces of the United States or as a member of the national guard of the United States where the call is for training only; 

(2) "Position" means employment held by a public employee at the time of entrance into military duty, but does not include temporary or casual employment or an office filled by election; 

(3) "Public employee" means any person holding a position in public employment who has successfully completed the probationary period required by the agency in which such person is employed; 

(4) "Public employer" means any government, department, or agency mentioned in subdivision (5) employing a public employee in a position; and 

(5) "Public employment" means employment by the government of this state, or of any county, municipality or other civil or political subdivision thereof, including any department or agency thereof. 

[Acts 1951, ch. 112, § 1 (Williams, § 1034.73); 1953, ch. 245, § 1; modified; T.C.A. (orig. ed.), § 8-3301.]

8-33-102. Reemployment after discharge from service.

Any public employee who leaves a position or who left such position not earlier than June 27, 1950, whether voluntarily or involuntarily, in order to perform military duty, or who was performing military duty on June 27, 1950, and who is relieved or discharged from such duty under conditions other than dishonorable, and makes application for reemployment within ninety (90) days after such employee is relieved from military duty or from hospitalization continuing after discharge for a period of not more than one (1) year shall: 

(1) If still physically qualified to perform the duties of such position, be restored to such position if it exists and is not held by a person with greater seniority, otherwise to a position of like seniority, status and pay; or 

(2) If not qualified to perform the duties of such position by reason of disability sustained during such service, such public employee shall be placed in such other position, the duties of which such employee is qualified to perform as will provide the employee like seniority, status and pay, or the nearest approximation thereof consistent with the circumstances of the case. 

[Acts 1951, ch. 112, § 2 (Williams, § 1034.74); modified; T.C.A. (orig. ed.), § 8-3302.]

8-33-103. Reemployment in different department.

In the case of any person who is entitled to be restored to a position in accordance with the provisions of §§ 8-33-101 - 8-33-108, if the commissioner of personnel finds that: 

(1) The department or agency with which such person was employed immediately prior to such person's entry upon training and service aforementioned is no longer in existence and its functions have not been transferred to any other agency; or 

(2) For any reason it is not feasible for such person to be restored to such department or agency, 

the commissioner shall determine whether or not there is a position in any other department or agency of the same public employer for which such person is qualified and which is either vacant or held by a person having a temporary appointment thereto. In any case in which the commissioner determines that there is such a position, such person shall be restored to such position by the department or agency in which such position exists. 

[Acts 1951, ch. 112, § 2 (Williams, § 1034.74); impl. am. Acts 1959, ch. 9, § 4; impl. am. Acts 1961, ch. 97, §§ 2, 4; T.C.A. (orig. ed.), § 8-3303.]

8-33-104. Rights after reemployment.

Any person who is restored to a position in accordance with the provisions of §§ 8-33-101 - 8-33-108 shall not be discharged from such position without cause within one (1) year after such restoration, and shall, without limiting such person's rights conferred by this or other sections, be considered as having been on furlough or leave of absence during the period of military duty. Such person shall be restored without loss of seniority (including, upon promotion or other advancement following completion of any period of employment required therefor, a seniority date in the advanced position which will place such person ahead of all persons previously junior to such person who advanced to the position during the absence in armed forces). The employee shall also be entitled on reinstatement to participate in insurance (including retirement, pension plans, and medical insurance) and other benefits dependent on length of employment, including vacation privilege and severance pay. The employee shall be protected against reduction in seniority, status, or pay during employment, except as such reduction may be made for all employees whose employment situations are similar. 

[Acts 1951, ch. 112, § 3 (Williams, § 1034.75); Acts 1976, ch. 816, § 2; T.C.A. (orig. ed.), § 8-3304.]

8-33-105. Military leave to report for duty - Reinstatement on rejection.

Any public employee who holds a position in public employment shall be granted a leave of absence for the purpose of being inducted or otherwise entering military duty. If not accepted for such duty, the employee shall be reinstated in such position without loss of seniority or status or reduction in rate of pay. During such period, the employee shall for all purposes be considered to have rendered service and to have been compensated therefor at the employee's regular rate of pay. 

[Acts 1951, ch. 112, § 4 (Williams, § 1034.76); T.C.A. (orig. ed.), § 8-3305.]

8-33-106. Enforcement by commissioner of personnel.

(a)  The commissioner of personnel is authorized and directed to issue regulations for the enforcement of §§ 8-33-101 - 8-33-108. The departments and agencies in the state government shall comply with such regulations and orders issued by the commissioner pursuant to such regulations. 

(b)  The commissioner is authorized and directed whenever the commissioner finds, upon appeal of the person concerned, that any state department or agency has failed or refuses to comply with the provisions of §§ 8-33-101 - 8-33-108, or of regulations thereunder, to issue an order specifically requiring such department or agency to comply with such provisions and to compensate such person for any loss of salary or wages suffered by reason of failure to comply with such provisions, less any amount received through other employment, unemployment compensation or readjustment allowances; provided, that any such compensation ordered to be paid by the commissioner shall be in addition to and shall not be deemed to diminish any of the benefits of such provisions, and shall be paid by the head of the department or agency concerned out of the appropriations currently available for salaries and expenses of such department or agency, and such appropriations shall be available for such purpose. 

[Acts 1951, ch. 112, § 5 (Williams, § 1034.77); impl. am. Acts 1959, ch. 9, § 4; impl. am. Acts 1961, ch. 97, §§ 2, 4; T.C.A. (orig. ed.), § 8-3306.]

8-33-107. Enforcement in chancery.

The chancery courts for the various counties in the state of Tennessee are hereby authorized, and express jurisdiction is hereby conferred upon the chancery courts, to enforce the provisions of §§ 8-33-101 - 8-33-108 in any case where a political subdivision of the state of Tennessee, county or municipality within the local jurisdiction of the chancery court has failed or refuses to comply with the provisions of those sections, and to issue an order specifically requiring such political subdivision, county or municipality, to comply with the provisions of those sections and to compensate such person for any loss of salary or wages suffered by reason of failure to comply with such provisions, less any amount received through other employment, unemployment compensation or readjustment allowances; provided, that any such compensation ordered to be paid by the chancery court shall be in addition to and shall not be deemed to diminish any of the benefits of such provisions and shall be paid from currently available funds of such political subdivision, county or municipality. 

[Acts 1951, ch. 112, § 6 (Williams, § 1034.78); T.C.A. (orig. ed.), § 8-3307.]

8-33-108. Inconsistent laws inapplicable.

Any laws or parts of laws which are inconsistent with the provisions of §§ 8-33-101 - 8-33-107, or which would serve to defeat the purposes thereof, shall to such extent be deemed inapplicable to public employees and public employers in the exercise of the rights and privileges conferred by those sections. 

[Acts 1951, ch. 112, § 7 (Williams, § 1034.79); T.C.A. (orig. ed.), § 8-3308.]

8-33-109. Reservists' leave of absence.

All officers and employees of this state, or any department or agency thereof, or of any county, municipality, school district, or other political subdivision, and all other public employees of this state who are, or may become, members of any reserve component of the armed forces of the United States, including members of the Tennessee army and air national guard, shall be entitled to leave of absence from their respective duties, without loss of time, pay, regular leave or vacation, impairment of efficiency rating, or any other rights or benefits to which otherwise entitled, for all periods of military service during which they are engaged in the performance of duty or training in the service of this state, or of the United States, under competent orders; provided, that an officer or employee while on such leave shall be paid salary or compensation for a period, or periods, not exceeding fifteen (15) working days in any one (1) calendar year, plus such additional days as may result from any call to active state duty pursuant to § 58-1-106. The military leave herein provided shall be unaffected by date of employment or length of service and shall have no effect on other leaves provided by law, regulation, policy or practice. After the fifteen (15) working days of full compensation, any public employer may provide partial compensation to its employees while under competent orders. 

[Acts 1951, ch. 88, § 1 (Williams, § 1866.7); 1967, ch. 376, § 2; 1969, ch. 204, § 1; T.C.A. (orig. ed.), § 8-3310; Acts 2003, ch. 308, § 1.]