Tennessee Code Title 8. Public Officers and Employees § 8-50-814

Current as of January 02, 2024 | Updated by Findlaw Staff

(a) As used in this section:

(1) “Adoption” includes that period of time beginning with the filing of an adoption petition and the initial placement of a minor child within the residence of a prospective adoptive parent pursuant to a court-ordered parental power of attorney or guardianship or custodial order until the issuance of a final order of adoption by the court;

(2) “Birth” has the same meaning as “live birth” as defined in § 68-3-102;

(3) “Eligible employee” means a teacher, principal, supervisor, or other individual required by law to hold a valid license of qualification for employment in the public schools of this state and who meets the following requirements:

(A) Has a valid license of qualification, or an emergency credential issued by the department of education pursuant to § 49-5-106, required for the position the employee holds;

(B) Has been employed full time with the same local education agency or public charter school for at least twelve (12) consecutive months in a position for which the employee is required by law to hold a valid license of qualification, or an emergency credential issued by the department of education pursuant to § 49-5-106, at the time of the birth, adoption, or stillbirth of the employee's child; and

(C) Has held a valid license of qualification or an emergency credential issued by the department of education pursuant to § 49-5-106, for the entire twelve (12) consecutive months of employment with the local education agency or public charter school.

(4) “Local education agency” or “LEA” has the same definition as used in § 49-3-302;

(5) “Newly placed minor child” means the adoption of a minor child that results in a change of custody of that child; and

(6) “Public charter school” has the same meaning as defined in § 49-13-104; and

(7) “Stillbirth” has the same meaning as defined in § 68-3-102.

(b) Except as otherwise provided in this section, an eligible employee must be granted absence from work with pay for a period of time equal to six (6) work weeks after the birth or stillbirth of the employee's child or the employee's adoption of a newly placed minor child upon the employee giving thirty-days' notice to the employee's LEA or public charter school; provided, however, that if an employee learns of the birth, stillbirth, or adoption of the employee's child less than thirty (30) days in advance of the birth, stillbirth, or adoption, then the employee must give notice of the birth, stillbirth, or adoption to the employee's LEA or public charter school as soon as reasonably possible to be eligible to receive pay granted pursuant to this subsection (b).

(c) An eligible employee who is granted leave pursuant to this section shall not be required to use the employee's sick, annual, or other leave for the leave taken pursuant to this section. The leave granted pursuant to this section counts toward the employee's use of leave required to be given by this state as an employer under the federal Family and Medical Leave Act (29 U.S.C. § 2601, et seq.) and § 4-21-408.

(d)(1) An eligible employee may receive no more than six (6) work weeks of paid leave pursuant to subsection (b) within a twelve-month period.

(2) Each local board of education and public charter governing body shall adopt a policy that requires the six (6) work weeks of paid leave granted pursuant to this section to be:

(A)(i) Taken consecutively, except in extenuating circumstances, as determined and approved by the director of schools or the director of the public charter school, as applicable; or

(ii) Taken non-consecutively, but in increments of no less than one (1) week; and

(B) Used within twelve (12) months of the birth or stillbirth of the employee's child or the employee's adoption of a newly placed minor child.

(e) Each LEA and public charter school shall establish policies for implementing this section.

(f) Paid leave under this section must be paid at one hundred percent (100%) of the employee's salary. For the purpose of calculating employment anniversary dates, absence from work pursuant to this section is considered full-time employment.

(g) The state shall reimburse an LEA or public charter school that provides paid leave pursuant to this section in an amount equal to the leave paid by the LEA or public charter school pursuant to this section.

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Cite this article: FindLaw.com - Tennessee Code Title 8. Public Officers and Employees § 8-50-814 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-8-public-officers-and-employees/tn-code-sect-8-50-814/

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