Rules & Regulations of the State of Tennessee
Title 1240 - Human Services
Subtitle 1240-06 - Tennessee Business Enterprises
Chapter 1240-06-10 - Facility Operational Requirements
Section 1240-06-10-.01 - DAYS AND HOURS OF OPERATION

Current through September 24, 2024

(1) It shall be the responsibility of the manager to comply with the terms of the permit and/or the bid announcement regarding the days and hours designated for the facility to be open for business. It is required that the manager be present at least four (4) days and a minimum of thirty (30) hours each week; however, it is not necessary for the manager to be present during all of the hours that the facility is open. Exceptions to this provision must be approved in writing by the appropriate Business Enterprises Supervisor. In the absence of the manager, it is essential that a qualified employee be on duty to insure that all customers' needs are being met and that the facility is otherwise being operated in compliance with all rules and regulations which govern its operation.

(2) During periods when the manager is absent from the facility as a result of advanced training offered by the Agency, Upward Mobility seminars, annual vacations or short-term illnesses, the manager shall designate an employee to assume the responsibilities of the business . The manager shall advise the Agency of the person who has been selected to operate the facility.

(a) If it is anticipated or if the manager is absent from the facility for more than twenty (20) consecutive working days as a result of an illness or recently incurred disability, the manager must apply for medical sick leave and provide information as required by the Agency regarding the illness or disability.

(b) In the event the illness and/or disability are projected to be of a prolonged nature, the Agency shall grant up to a maximum of one-year sick leave. The maximum sick leave of one year is a total accrual during any five-year period of the licensed manager's tenure as a licensed manager, excluding minor illnesses which do not exceed twenty (20) consecutive working days. If, due to medical reasons, the manager wants to be relieved of the responsibilities of the facility and the manager's physician provides to the Agency medical documentation that the manager's illness and/or disability is so severe that (s)he will be precluded from managing the facility, the Agency shall relieve the manager of the responsibilities and upon request, place him/her on medical transfer status, at which time the Agency shall declare the facility to be ready to be announced for bid or place it under temporary management. Under these circumstances, the manager's transfer eligibility shall be valid for a period of two (2) years.

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).

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