What Is Tennessee's Family Leave Act?
The state of Tennessee does not have a specific piece of legislation called the "Family Leave Act." Rather, laws covering family leave for Tennessee employees include the state's Tennessee Maternity Leave Act and the federal Family and Medical Leave Act. Both pieces of legislation enable workers to take leave from work to handle issues within their families, such as childbirth, illness of a family member or adoption of a child. Provisions of the Family Medical Leave Act and the Tennessee Maternity Leave Act do not apply to all employers or employees.
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Family and Medical Leave Act
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The United States Congress passed the Family and Medical Leave Act in 1993. The law entitles workers to take leave from work to attend to family or medical issues. FMLA provides job protection for workers taking family leave and ensures continuation of health care coverage while away from the job. The law allows for up to 12 weeks of leave during a one year period for childbirth, adoption of a child, newborn care or placement of a foster child in the employee's care. An employee can also take up to 12 weeks of leave to care for a seriously ill child, spouse or parent or to recover from his own health condition. FMLA provides for up to 26 weeks of leave during a one year period to care for a spouse, parent, daughter or son who becomes ill or sustains an injury while serving in the military. The law does not require employers to pay employees during the leave period. Employers can require employees to exhaust all accumulated paid leave before taking FMLA leave.
FMLA Provisions
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Provisions of the FMLA apply to employers that have at least 50 employees, including private companies and federal, state and local government. To qualify for FMLA leave, an employee must work for an employer covered by the law; work for the covered employer for a minimum of one year prior to taking leave; work for an employer that employs a minimum of 50 workers within a 75 mile radius; and work a minimum of 1,250 hours in the year prior to the leave.
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Tennessee Maternity Leave Act
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The Tennessee Maternity Leave Act enables an employee working in Tennessee to take up to 16 weeks of leave for childbirth, pregnancy, nursing of an infant or adoption. Originally written to offer benefits only to female employees, the Tennessee General Assembly amended the TMLA in 2005 to extend the same benefits to male employees. The law does not require employers to pay employees while taking leave.
TMLA Provisions
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Provisions of the TMLA apply to any Tennessee employer with at least 100 employees at a single job location. To qualify for leave under TMLA, an employee must work full-time for the employer for at least one year prior to the leave. The law requires employees to give a minimum of three months notice before taking TMLA leave, except when the need for time off stems from a medical emergency.
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References
- U.S. Department of Labor: Family and Medical Leave Act
- U.S. Department of Labor: Revised Final Regulations Under the Family and Medical Leave Act
- U.S. Department of Labor: Employee Rights and Responsibilities Under the Family and Medical Leave Act
- National Center for Children in Poverty: Family and Medical Leave
- Waller Lansden: Tennessee Maternity Leave Act Amended to Include Men and Adoption
- Benefit Solutions: Tennessee Maternity Leave Act
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