Family Leave – Tenn. Code Ann. § 4-21-408

Covered Employers: All employers with one hundred or more full-time employees on a permanent basis at the job site or location.

Employee Eligibility: Employees of covered employers who have been employed as full-time employees by the same employer for at least 12 consecutive months.

Entitlement: Up to 4 months of family leave for adoption, pregnancy, childbirth, and nursing an infant

Employer Notice: Must be included in employer's handbook

Employee Notice: Three months advance notice, unless three months notice is not possible due to a medical emergency or notice of adoption was shorter than 3 months.

Obligation to Provide Certifications or Documents Supporting Need for Leave: At the discretion of employer

Paid?: With or without pay at the discretion of the employer.

Benefits: Leave does affect the employees' right to receive vacation time, sick leave, bonuses, advancement, seniority, length of service credit, benefits, plans or programs for which the employees were eligible at the date of their leave, and any other benefits or rights of their employment incident to the employees' employment position, but the employer does not need to pay for benefit plans unless it pays the benefits for all employees on leave of absence.

Reinstatement: Employees who give at least three months' advance notice of their anticipated date of departure for such leave, their length of leave, and their intention to return to full-time employment after leave, shall be restored to their previous or similar positions with the same status, pay, length of service credit and seniority as of the date of their leave. If the employee’s job is so unique that it cannot be filled temporarily after reasonable efforts, employee does not have to be reinstated. Additionally, if an employee has utilized the period of leave to actively pursue other employment opportunities or the employee has worked part time or full time for another employer during the period of leave, the employee does not have to be reinstated.

Other Requirements: With regard to adoption, the four-month period shall begin at the same time and employee receives custody of the child.

Absence Specifications