Election-Worker Service Leave Request and Appointing-Authority Certification Packet - Tennessee

VOTING-MACHINE-TECHNICIAN UNPAID-LEAVE REQUEST AND COUNTY-COMMISSION CERTIFICATION

Tennessee — Tenn. Code Ann. § 2-9-103(f)

This packet documents Tennessee's narrow leave rule for a covered voting-machine technician. It is separate from time off to vote and from ordinary precinct poll-worker service.

1. EMPLOYEE AND EMPLOYER

• ☐ The employee has full-time employment separate from the part-time voting-machine-technician duties.
• ☐ The employer and employee will obtain Tennessee-counsel review if full-time status or employer coverage is disputed.

2. COVERED APPOINTMENT AND ROLE

County election commission: [________________________________]

Appointment date: [__/__/____]

Appointment notice attached: ☐ Yes ☐ No

Coverage confirmations:

• ☐ The county election commission appointed the employee as a voting-machine technician.
• ☐ The employee performs the voting-machine-technician duties on a part-time basis.
• ☐ The requested absence is for duties required of the appointed voting-machine technician.

Section 2-9-103(f) names a “voting machine technician.” Do not automatically extend this packet to an assistant, precinct poll official, election judge, poll worker, campaign worker, or volunteer without separate authority.

3. REQUIRED SERVICE DAYS AND EMPLOYEE REQUEST

Employee request:

I request an excused absence without pay under Tenn. Code Ann. § 2-9-103(f) for the days identified above because the county election commission requires me to perform my part-time duties as an appointed voting-machine technician. I request that the employer not require me to use vacation or other leave time for those days.

Request delivered on: [__/__/____]

Delivery method / recipient: [________________________________]

Employee signature: __________________________ Date: ______________

Section 2-9-103(f) does not state a minimum advance-notice period. This packet records operational notice without treating an employer-created deadline as a statutory condition.

4. COUNTY ELECTION COMMISSION CERTIFICATION

I certify that [EMPLOYEE] was appointed by the county election commission as a voting-machine technician, performs those duties on a part-time basis, and is required to perform the duties on the dates and during the hours identified below.

Authorized signature: _________________________ Date: ______________

Printed name / title: [________________________________]

5. EMPLOYER PAY AND LEAVE TREATMENT

For a covered technician, § 2-9-103(f) requires the full-time employer to excuse the required days without pay and prohibits the employer from requiring vacation or other leave use.

• ☐ Excused absence without pay approved for the certified required days.
• ☐ No vacation or other leave time is being required for those days.
• ☐ The employee voluntarily requested available paid leave under a separate lawful policy.
• ☐ A collective-bargaining agreement or more protective policy applies: [________________________________]
• ☐ Counsel review is required.

Optional state-employee implementation

The Tennessee Department of Human Resources Attendance and Leave Manual § 3.04 states that a covered full-time state employee is excused without pay and is not required to use annual or compensatory leave, but may request annual or compensatory leave instead of time without pay.

• ☐ Not applicable; employee is not a Tennessee state employee.
• ☐ State employee requests time without pay.
• ☐ State employee voluntarily requests annual leave.
• ☐ State employee voluntarily requests compensatory leave.

Payroll / leave code and explanation: [________________________________]

6. SCOPE AND LEGAL-REVIEW CHECK

• ☐ County-election-commission appointment was confirmed.
• ☐ Part-time voting-machine-technician role was confirmed.
• ☐ Separate full-time employment was confirmed.
• ☐ Each requested date was required for technician duties.
• ☐ Unpaid excused treatment was recorded.
• ☐ Vacation or other leave was not required.
• ☐ Any voluntary paid-leave request was documented separately.

Section 2-9-103(f) does not itself state a notice deadline, wage-continuation rule, general anti-retaliation cause of action, reinstatement remedy, or limitations period. Refer any discipline, denial, scheduling dispute, or claimed remedy to Tennessee counsel rather than adding a remedy to this packet.

Employer representative: _____________________ Date: ______________

Decision delivered: [DATE / METHOD]

7. POST-SERVICE CLOSEOUT

Actual service dates and hours: [________________________________]

Service confirmed by: [________________________________]

Employer absence entry: [________________________________]

Payroll correction, if any: [________________________________]

Issue requiring counsel review: [________________________________]

OFFICIAL SOURCES VERIFIED

• Tennessee Secretary of State — 1998 Public Chapter 741
• Tennessee Department of Human Resources — Attendance and Leave Manual