49-5-711 - Personal and professional leave Accumulation and use.
49-5-711. Personal and professional leave Accumulation and use.
(a) Under policies adopted by the local board of education, a teacher shall be allowed personal and professional leave earned at the rate of one (1) day for each one half (½) year employed. A teacher may take not more than two (2) days of personal or professional leave prior to having earned it, but it shall be charged against the teacher's year's allowance. Any personal and professional leave remaining unused at the end of a year shall be credited to that teacher as sick leave.
(b) If, at the termination of a teacher's services, the teacher has been absent for more days than the teacher had accumulated or earned leave, there shall be deducted from the final salary warrant of the teacher an amount sufficient to cover the excess days used by the teacher.
(c) (1) Personal leave is intended to be used for personal reasons. Subject to the following conditions, it can be taken at the discretion of a teacher, who shall not be required to give reasons for the use of any personal leave. The approval of the director of schools, the director of schools' designee or the board of education shall be required under the following conditions:
(A) If more than ten percent (10%) of the teachers in any given school request its use on the same day; provided, that on making this calculation, any major fraction shall be considered as one (1); and in schools of five (5) teachers or less, one (1) teacher may take personal leave at the teacher's discretion;
(B) If personal leave is requested during any prior established student examination period; or
(C) If personal leave is requested on the day immediately preceding or following a holiday or vacation period.
(2) Except in an emergency, a teacher shall give at least one (1) day's advance notice of intent to take personal leave.
[Acts 1955, ch. 136, § 18; 1957, ch. 75, § 1; 1959, ch. 93, § 1; 1967, ch. 396, § 1; 1968, ch. 420, §§ 1, 2; 1971, ch. 128, § 1; 1971, ch. 421, § 1; 1973, ch. 2, § 1; 1974, ch. 488, § 1; 1975, ch. 46, §§ 1, 2; 1975, ch. 100, § 2; 1977, ch. 364, § 2; 1978, ch. 557, § 2; 1979, ch. 78, § 1; 1980, ch. 544, § 1; 1980, ch. 567, § 1; 1981, ch. 282, §§ 1, 2; 1982, ch. 674, §§ 3, 4; T.C.A., § 49-1314(d); Acts 1986, ch. 850, §§ 1, 2.]