2023 Tennessee Code › Title 8 - PUBLIC OFFICERS AND EMPLOYEES (§§ 8-1-101 — 65-168) › Chapter 50 - MISCELLANEOUS PROVISIONS (§§ 8-50-NEW — 8-50-1301) › Part 8 - LEAVE FOR STATE EMPLOYEES (§§ 8-50-801 — 8-50-814) › Section 8-50-813 - Mandatory leave due to birth or adoption of child - Leave distinguished - FMLA - Eligible employees

(a)
In addition to leave granted under §§
8-50-801
,
8-50-802
, and
8-50-806
, an eligible employee must be granted absence from work with pay for a period of time equal to six (6) workweeks because of the birth of the employee's child or because of the placement of a child with the employee for adoption, and upon the employee giving thirty-days' notice to the appropriate appointing authority. If the eligible employee learns of the birth or adoption less than thirty (30) days in advance, the employee shall give the notice as soon as reasonably possible. For the purpose of calculating service anniversary dates, this absence from work is considered full-time employment.
(b)
Leave used by an eligible employee pursuant to this section must not be charged to sick, annual, or other leave the employee may have accumulated.
(c)
Leave granted pursuant to this section must count toward the eligible 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)
An eligible employee must not be granted more than six (6) workweeks of paid leave under subsection (a) during a twelve-month period, but the workweeks do not need to be taken consecutively. An eligible employee may receive no more than six (6) workweeks of paid leave during a twelve-month period, even if there is more than one (1) qualifying birth or adoption under subsection (a). Leave granted pursuant to this section must be used within twelve (12) months of the qualifying birth or adoption.
(e)
As used in this section, "eligible employee" means:
(1)
An employee who has been employed full-time with the state for at least twelve (12) consecutive months with an entity described in §§
8-30-102(a)
,
8-30-102(b)(2)
,
8-30-102(b)(6)-(7)
, and
8-30-102(b)(10)-(13)
; or
(2)
An employee who has been employed full-time with the state for at least twelve (12) consecutive months with an entity described in §
8-30-102(b)(9)
, except for an employee of any administrative board or commission that is attached to an entity described in §
8-30-102(b)(1)
or §
8-30-102(b)(3)-(5)
.
(f)
The department of human resources shall establish policies for implementing this section with regard to executive branch agencies. With regard to nonexecutive branch agencies, the equivalent of the agency's human resources office shall establish policies for implementing this section.
(g)
Paid leave under this section must be paid at one hundred percent (100%) of the employee's salary.
(h)
If an eligible employee experienced a birth or adoption under subsection (a) prior to the effective date of this act and has not used all of the federal Family and Medical Leave Act leave to which the employee was entitled as a result of the birth or adoption, then the employee is entitled to leave under this section beginning on the effective date of this act for the remainder of the federal Family and Medical Leave Act leave that the employee uses on or after the effective date of this act as a result of the event in subsection (a). The duration of paid leave must not exceed the paid leave available under subsection (d).
Added by 2023 Tenn. Acts, ch. 216, s 1, eff. 7/1/2023.