Tennessee Employee Rights Memo Under the Family and Medical Leave Act

State:
Multi-State
Control #:
US-AHI-199
Format:
Word
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Description

This AHI form is a memo regarding employee's rights under the Family and Medical Leave Act (FMLA).
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FAQ

Tennessee Leave of Absence (FMLA): What you need to know Tennessee's Family Leave Act provides that all employers, both public and private, with 100 or more full-time employees at one jobsite must allow up to 4 months' maternity leave for pregnancy, childbirth, adoptions, and nursing.

Instead, wrongful termination occurs when a person is fired unlawfully. Tennessee is an at-will employment state, meaning an employer can fire an employee for almost any reason, or no reason whatsoever. In addition, employers don't need to provide advance warning.

Paid Family Leave provides an employee with up to 30 work days (typically 6 weeks) of leave to take care of a spouse, son, daughter, or parent who has a serious health condition.

There is no Tennessee law requiring private employers to provide employees sick leave, paid or unpaid, although many employers do grant it as an important employee benefit. It is important to remember, however, that if sick leave is promised, an employer may create a legal obligation to grant it.

According to Tennessee law, any employee who has been employed as a full-time employee for at least 12 consecutive months may take up to four months of leave for pregnancy, childbirth, nursing of an infant, or adoption of a child (defined as beginning at the time employee takes custody of the child).

Employers cannot hold an employee accountable for work that was not completed during an FMLA leave, and employees cannot be disciplined, terminated, or otherwise retaliated against in any way for requesting or taking a leave.

Can an Employer Fire an Employee who is on Disability Leave? An employee may be terminated even if the employee is taking or attempts to take disability leave, so long as there is a legitimate business reason that would not be considered retaliatory or impermissible under the state or federal laws.

The Family and Medical Leave Act (FMLA) provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.

Protections Under the Tennessee Family Leave Act In addition to the rights and privileges granted under the FMLA, Tennessee law also provides additional family and medical leave rights under the Tennessee Human Rights and Disability Act (4-21-408).

Employers may legally terminate an employee at any time for any reason, or for no reason without incurring legal liability. However, an employer may not discriminate against any employee on the basis of the employee's race, sex, age, religion, color, national origin, or disability.

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Tennessee Employee Rights Memo Under the Family and Medical Leave Act