Tenn. Comp. R. & Regs. 1240-06-05-.03 - TRANSFERS

(1) The intent of a transfer is to assure, insofar as possible, employment for a manager who faces displacement not attributable to his/her conduct, attitude or lack of performance. A transfer shall not result in a substantial financial advantage or disadvantage to the manager. In order to assure the effectiveness of this provision, the manager's sales for the preceding twelve (12) months shall be calculated and compared to the projected sales on the bid announcement. The greater of these two numbers shall be used to determine the range of transfer eligibility. If a vacant facility for which the manager is certified and which produces sales equal to those calculated for the displaced manager (meaning that sales may be fifteen percent (15%) above or fifteen percent (15%) below those calculated), then the manager may be considered, depending upon the manager's seniority and the number of other managers competing for the same facility.

(2) Transfer eligibility may be established if:

(a) A determination is made to close the facility;

(b) The classification of the manager's facility changes and the manager fails to obtain the necessary certification;

(c) A permanent loss of customers occurs equal to thirty percent (30%) of the population figures reflected on the bid announcement; or

(d) The manager is on medically documented sick leave and requests to be placed on transfer status.

(3) Transfer eligibility is valid for a period of two (2) years, during which seniority continues to accrue and eligibility is maintained for all benefits. If a manager remains in his/her facility while on transfer status and the circumstances at the facility have not improved, the manager may reapply for transfer status at the end of the two-year period provided the manager has not declined a facility which falls within his/her range.

(4) Transfer eligibility is lost if the manager bids on and receives the award of a facility which produces sales within or which exceeds the manager's transfer range, or the manager declines an award based on his/her transfer eligibility.

Notes

Tenn. Comp. R. & Regs. 1240-06-05-.03

Original rule filed August 30, 1978; effective November 29, 1978. Amendment filed November 8, 1979; effective January 29, 1980. Amendment filed May 25, 1983; effective June 24, 1983. Amendment filed March 10, 1989; effective April 24, 1989. Repeal and new rule filed April 8, 2005; effective June 22, 2005. Amendments filed May 25, 2017; effective 8/23/2017.

Authority: T.C.A §§ 4-5-201 et seq., 49-11-601 et seq., 71-1-104; 71-1-105(12), and 71-4-604(c); 34 C.F.R. § 395 et seq. and 34 C.F.R. § 395.7(c).