Tennessee Paid Family Leave Laws

As of January 3, 2025, Tennessee does not have a state-mandated Paid Family Leave (PFL) program for private-sector employees. However, the state has implemented paid parental leave policies for public sector employees and offers tax incentives to private employers who provide paid family leave. Additionally, all employees in Tennessee are covered under the federal Family and Medical Leave Act (FMLA), which provides unpaid, job-protected leave for qualifying family and medical reasons.

What is Paid Family Leave?

Paid Family Leave (PFL) allows employees to take compensated time off from work to address significant family needs, such as bonding with a new child or caring for a seriously ill family member. PFL supports employees in balancing work responsibilities with essential family obligations without financial hardship.

Does Tennessee Have Paid Family Leave Laws That Differ from Federal Family Leave Laws?

Yes, Tennessee has implemented paid parental leave policies for public sector employees, which differ from the federal FMLA provisions. In 2023, Tennessee enacted laws providing six weeks of paid parental leave to approximately 107,000 state government employees and public school educators. This state provision offers paid leave, whereas the federal FMLA provides up to 12 weeks of unpaid, job-protected leave for qualifying events.

What Counts as a Qualifying Event for Paid Family Leave in Tennessee?

For public sector employees under Tennessee’s paid parental leave policy, qualifying events include:

• Birth of a Child: Leave granted to an employee who has given birth.
• Adoption of a Child: Leave provided to an employee who adopts a child.

For all employees under the federal FMLA, qualifying events include:

• Birth and Care of a Newborn Child: Leave for the birth of a child and to care for the newborn within one year of birth.
• Adoption or Foster Care Placement: Leave for the placement of a child for adoption or foster care and to care for the newly placed child within one year of placement.
• Serious Health Condition: Leave to care for the employee’s spouse, child, or parent who has a serious health condition, or when the employee is unable to work due to a serious health condition.
• Military Family Leave: Leave for qualifying exigencies arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”

Are There Requirements to be Eligible for Paid Family Leave in Tennessee?

For public sector employees to be eligible for paid parental leave, they must:

• Employment Status: Be a full-time employee of the state of Tennessee or a public school educator.
• Service Duration: Have completed at least 12 consecutive months of full-time employment with an eligible state entity or local education agency.

For all employees under the FMLA, eligibility criteria include:

• Employer Coverage: The employer must have 50 or more employees within a 75-mile radius.
• Employee Tenure: The employee must have worked for the employer for at least 12 months.
• Hours Worked: The employee must have completed at least 1,250 hours of service during the 12 months preceding the leave.

Is There a Minimum Amount of Paid Family Leave Time Required in Tennessee?

For public sector employees, the state provides up to six weeks of paid parental leave for qualifying events. For private-sector employees, there is no state-mandated paid family leave. Under the FMLA, eligible employees are entitled to up to 12 weeks of unpaid leave within a 12-month period for qualifying events.

Is There a Minimum Amount of Maternity Leave Time Required in Tennessee?

For public sector employees, eligible birth mothers are entitled to six weeks of paid parental leave. For private-sector employees, there is no state-mandated maternity leave beyond the provisions of the FMLA, which allows up to 12 weeks of unpaid leave for maternity-related reasons.

Is Paternity Leave Required by Law in Tennessee?

For public sector employees, eligible fathers are entitled to six weeks of paid parental leave. For private-sector employees, there is no state-mandated paternity leave requirement beyond the FMLA provisions, which allow eligible employees to take unpaid leave for paternity purposes.

Who Pays for Paid Family Leave in Tennessee?

For public sector employees, paid parental leave is funded by the state government, providing eligible employees with their full base pay during the leave period. For private-sector employees, there is no state-mandated paid family leave program; under the FMLA, leave is unpaid. However, Tennessee offers tax incentives to private employers who provide paid family leave. Starting in 2023, businesses can benefit from a state tax credit that matches the federal tax credit, offering a 12.5% tax credit if the employer pays 50% of wages during up to 12 weeks of leave, and a 25% tax credit if the employer pays 100% of wages during up to 12 weeks of leave.

Conclusion

While Tennessee does not have a state-mandated Paid Family Leave program for private-sector employees, it has implemented paid parental leave policies for public sector workers and offers tax incentives to private employers who provide paid family leave. All employees in Tennessee are covered under the federal FMLA, which provides unpaid, job-protected leave for qualifying family and medical reasons. Employers and employees should familiarize themselves with both state provisions for public employees, available tax incentives, and federal FMLA regulations to understand their rights and responsibilities regarding family and medical leave.