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Current as of January 02, 2024 | Updated by Findlaw Staff
(a) As used in this section:
(1) “Birth” has the same meaning as “live birth” as defined in § 68-3-102;
(2) “Eligible employee” means a teacher, principal, supervisor, or other individual required by law to hold a valid license of qualification for employment in a local education agency and who has been employed full-time with a local education agency for at least twelve (12) consecutive months;
(3) “Local education agency” or “LEA” has the same definition as used in § 49-3-302;
(4) “Newly placed minor child” means the adoption of a minor child that results in a change of custody of that child; and
(5) “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; 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 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) The six (6) work weeks of paid leave granted pursuant to this section do not need to be consecutively taken; provided, that the paid leave granted pursuant to this section is 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 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 that provides paid leave pursuant to this section in an amount equal to the leave paid by the LEA pursuant to this section.
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/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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