Tennessee Maternity Leave Act Amended

The Tennessee General Assembly recently amended the Tennessee Maternity Leave Law Act (“TMLA”). Clients with facilities in Tennessee that employ 100 or more employees should note that newly-issued employee handbooks must apprise employees of their rights under the statute.

Significantly, the TMLA now permits both male and female employees to take maternity leave, including for adoptions, which were not covered previously. An employee who has been employed full time, as defined by the employer, for at least 12 consecutive months, may take up to four months of leave for adoption, pregnancy, childbirth, and nursing.When a child is adopted, the leave period begins when the employee receives custody of the child.

Key provisions of the TMLA remain unchanged. Employees who provide three month’s notice must be reinstated to the same or similar position after returning from leave. Employees do not forfeit their rights and benefits if they are prevented from giving three month’s notice due to a medical emergency or because notice of the adoption was received fewer than three months in advance.

Additionally, an employer still retains the right not to reinstate an employee whose job position is so unique that the employer cannot, after reasonable efforts, fill that position temporarily. An employer may also choose not to reinstate an employee who uses the period of leave to pursue other employment opportunities or if the employee has worked full time or part time for another employer during the leave. Employers also retain the discretion not to pay an employee during maternity leave.

If you have any questions regarding the amendments to the TMLA, contact one of the attorneys at Elarbee Thompson.