Tennessee FMLA

All Employers

Parental Leave

• Applies to both public and private sector employers with 100 or more employees.
• Employees must have been employed full-time by same employer for at least 12 consecutive months
• Qualifying employees may take leave for up to 4 months for adoption, pregnancy, childbirth and nursing an infant.
• Leave may be paid or unpaid, at employer’s discretion. An employee is only obliged to pay the cost of benefits during parental leave if it does so for all employees on leave.

Regarding adoption

• Four month leave starts when custody begins.
• FMLA allow eligible adoptive employees to take leave for necessary pre-custody activities.
• Employees may take leave under FMLA for pre-custody activities and up to four months under state statute.

Regarding reinstatement after parental leave

• If an employee gives 3 or more months notice of need for paternity leave, employment must be restored to the same or equivalent position with same pay, benefits, and seniorityenjoyed when leave began.
• An employer is not required to reinstate an employee to a job that is unique and unable to be temporarily filled while the employee was on leave.
• An employer is not required to reinstate an employee if it determines the employee used the leave to pursue alternate employment.
• When an employee cannot give 3 months notice before taking leave, he or she does not forfeit their rights under the law.

State Employers

Sick Leave

• Sick leave is accrued at the rate of one day per month worked.
• Full-time employees scheduled to work 1,600 hours annually may use sick leave.
• Absences must be due to illness or disability caused by an accident, exposure to contagious disease, or illness or death of immediate family member.
• The lesser of an employee's sick leave balance or 30 days may be used for parental leave.
• If sick leave is to be used for parental leave, an employee must submit a written request and a doctor's statement estimating delivery date by the end of the fifth month of pregnancy.
• If both parents work for the state, they are limited to a combined 30 days of sick leave.

Adoption Leave

• An employee may take up to 30 days of leave or paid sick leave for the adoption of a child one year old or younger.
• If sick leave is to be used for adoption leave, an employee must submit a written request and a statement from the adoption agency verifying the adoption.
• If both parents work for the state, they are limited to a combined 30 days of sick leave.
• Adoption leave does not apply to stepchildren or adult adoptions.

Bereavement Leave

Three days of paid leave is given for the death of a spouse, child, step- or grandchild, parent, step-, foster or grandparent, parent-in-law, or sibling. This does not reduce accrued leave or increase the number of leave days that may be taken for the death of a family member.

Sick Leave Bank

• State employees are eligible to donate days to the sick leave bank if they have been employed for at least 12 full months. An initial donation requires an employee to donate one day of sick leave each following year.
• Before an employee can withdraw from the sick leave bank, they must have exhausted all other leave and been on unpaid leave for five days.
• Medical certification is required.
• Leave days for elective surgery and care for a family member are excluded from the sick leave bank.
• Leave days from the sick leave bank may not exceed 20 consecutive days or 90 days in a 12-month period.
• Guidelines for use of sick bank leave are on the Tennessee's Department of Personnel website.

Parental Educational Participation Act

One day a month may be taken to participate in the education and teaching process at the elementary or secondary school in a designated program. Employer may request documentation from the school.

Military Leave

• Leave shall be granted for induction or entry into military duty.
• If an employee is not accepted into military duty, they shall be reinstated at the same rate of pay as when they took leave.
• Military reservists are entitled to leave without loss of benefits during duty or training
• Up to 20 days of leave may be taken with full pay. After 20 days, the employer has discretion to provide partial compensation.