(a) The following provisions shall govern the rights of employees of the state who become employees of the contractor.
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Terms Used In Tennessee Code 41-24-113

  • contractor: means any entity entering a contractual agreement with the commissioner to provide correctional services to inmates under the custody of the department. See Tennessee Code 41-24-102
  • Department: means the department of correction. See Tennessee Code 41-24-102
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) Any employee of the contractor who was formerly an employee of the state shall have the following rights while in the employ of the contractor:

(1) The employee shall be allowed to be a member of any qualified employee organization pursuant to § 8-23-204 and the employee shall be allowed, if the employee so elects, to pay dues in the qualified employee organization through payroll deduction; provided, that no employee of a contractor shall be deemed a state employee for the purpose of determining whether a given employee organization qualifies for payroll deduction of membership dues pursuant to § 8-23-204, nor shall the employee’s membership in any employee organization qualified under § 8-23-204 be considered to be a violation of § 8-23-204;
(2) The contractor shall give a hiring preference for available positions to laid-off employees of the department; and
(3) Employees laid off by the contractor shall be given the same reemployment rights with the state as current state employees.
(c) Any employee of the contractor who was formerly a state employee, who ceases employment with the contractor and returns to the employ of the state, shall have the following rights:

(1) The employee shall retain all sick leave and annual leave that has been accumulated, but not greater than the amounts of leave that would have been accumulated had the employee been continuously in the employ of the state;
(2) The employee shall be credited with any time of service with the contractor toward calculation of longevity pay benefits; and
(3) The employee shall be admitted to the state group insurance program without proof of insurability.
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