Tennessee Code 8-33-104 – Rights after reemployment
Terms Used In Tennessee Code 8-33-104
- Dependent: A person dependent for support upon another.
- 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. See Tennessee Code 8-33-101 - Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
- 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. See Tennessee Code 8-33-101
- Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
- Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
Any person who is restored to a position in accordance with §§ 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.