Tennessee Code Annotated

Title 49: Education

Chapter 5: Personnel

Part 7: State Leave Plan

TCA 49-5-714: Injuries in course of employment by violent criminal act.

(a) Whenever a teacher is absent from assigned duties as a result of personal injury caused by a physical assault or other violent criminal act committed against the teacher in the course of the teacher's employment activities, the teacher shall receive benefits, comparable to a workers' compensation program, for up to one (1) year after the injury, if the LEA has workers' compensation coverage. If the LEA does not have workers' compensation coverage, the benefits, procedures and standards for determining eligibility shall be the same as if the LEA had workers' compensation. A leave of absence for personal injury resulting from an assault or other violent criminal act shall not be charged to the teacher's sick leave, personal leave or professional leave accumulated or granted pursuant to this part. The state board of education shall adopt rules and regulations for the implementation of personal injury leave resulting from assault or other violent criminal acts.

(b) In the event a teacher is absent from assigned duties as a result of personal injury caused by a physical assault or other violent criminal act committed against the teacher in the course of the teacher's employment activities, the LEA shall continue to pay the teacher's full benefits including, but not limited to, health insurance benefits, until the earlier of the date on which the teacher is released by the teacher's physician to return to work or the date on which the teacher is determined by the teacher's physician to be permanently disabled from returning to work.

(c) Nothing in this section shall be construed to discourage, diminish, invalidate or supersede any LEA's policy, benefit package or contract providing greater benefits or leave for teachers injured in the course of employment activities.

History: Acts 1994, ch. 990, SC 1; 1995, ch. 204, SC 1; 2013, ch. 439, SC 1.