Tennessee Maternity Leave Act (TMLA)

The Tennessee Family Leave Act mandates that public and private employers must maintain a maternity leave policy that allows female employees 16 weeks of unpaid leave for adoption, pregnancy, childbirth, and nursing of her infant.  For an adoption, the four month period begins when the employee assumes custody of the child.

Women in Tennessee can purchase short term disability for maternity leave and enjoy partial income replacement instead. What you will find on this page:

• Key provisions of the Tennessee Law
• Comparison to the federal family leave law
• How to afford 4 months of unpaid leave
  
  

The Tennesse Maternity Leave Act has special provisions related to pregnancy and maternity that are important to know should you encounter a pregnancy with complications, and/or your child is born with special needs.

* The employee must have worked with the employer for the preceding 12 months as a full time employee.
* The employee must give at least 3 months notice, except due to a medical emergency.
* Applies to employers with 100 or more employees at the job site or location.

Source: Tennessee Code 4-21-408

The Family Medical Leave Act (FMLA) is a federal law, whereas the Tennessee Family Leave Act applies to Tennessee workers only.  Some key differences include:

• Length of leave is longer - The Tennesse law allows for 16 weeks of leave versus 12 weeks for the Federal law
• Employer size is larger - Employer size is 100 employees versus 50 employees for the Federal law
• Focus is more narrow - The Tennesse law focuses on pregnancy, maternity leave, and adoption exclusively 

The Tennessee Maternity Leave law does not provide for paid leave for workers.  Nor does the state have any mandated short term disability coverage.  The FMLA provides for unpaid leave only.

Can you afford to miss four months of work?  It's great that Tennessee provides job protection, but how will you pay your bills?

If you are planning a pregnancy consider purchasing short term disability insurance before getting pregnant.  Your benefit for normal delivery may greatly exceed the premium paid, helping to create maternity leave income and providing a financial cushion to allow you to bond with your baby without worrying about how to pay bills. 

Should complications arise short term disability insurance will replace a portion of your income during the time you miss work due to bed rest.