8-50-812 - Lost or destroyed sick leave records. [Effective until July 1, 2010. See the Compiler's Notes.] - Tennessee Statutes

8-50-812. Lost or destroyed sick leave records. [Effective until July 1, 2010. See the Compiler's Notes.]

(a)  Notwithstanding the provisions of § 8-34-604 to the contrary, any department, commission, or agency of state government, or any other employer that participates in the Tennessee consolidated retirement system, whose sick leave records were lost or destroyed may certify unused sick leave days to the Tennessee consolidated retirement system for credit pursuant to § 8-34-604; provided, that:

     (1)  The employee on whose behalf the employer is providing the certification supplies the employer with an affidavit stating, as nearly as possible, the number of unused sick leave days to the employee's credit at the time the employee left the employ of the employer;

     (2)  At least one (1) current or former co-worker of the employee supplies the employer with an affidavit certifying that the co-worker was familiar with the employee's attendance record at issue and that, to the co-worker's best belief, the number of unused sick leave days contained in the employee's affidavit under subdivision (a)(1) is reasonable;

     (3)  The employer operated a bona-fide, formal sick leave program during the course of the employee's employment for which the sick leave was earned; and

     (4)  The employer determines that the number of unused sick leave days contained in the employee's affidavit under subdivision (a)(1) is reasonable, based on the terms of the employer's sick leave policy in effect during the employee's employment with the employer.

(b)  Notwithstanding the provisions of § 8-50-809 or any other law to the contrary, this section shall apply to the board of trustees of the University of Tennessee system and the board of regents of the state university and community college system.

(c)  This section shall cease to be effective on July 1, 2010.

[Acts 2005, ch. 382, §§ 1, 2.]