Human Resource Blog

FMLA in Tennessee

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Who is covered by the FMLA in Tennessee?

The Family and Medical Leave Act is a federal Act that covers many employees in states across the country, including employees in the state of Tennessee. The Act is in place so that employees can take time away from work in order to tend to medical and family-related issues if they need to.

Covered employees may be able to take up to 12 weeks off of work each year under the FMLA. However, not all employees qualify for coverage. In order to be covered, employees need to have worked for qualifying employer for at least 1,250 hours out of the previous year. A qualifying employer is one that has at least 50 employees that work within a 75-mile radius of the employee that wishes to take the FMLA time off.

Employers should not discriminate against employees that need to take the FMLA time off. Also, employers should ensure that when employees return to work after taking the FMLA time off, the employees can have the same job or an equivalent job as well as the same salary and benefits that they had prior to taking the FMLA time off.

Employees may be eligible to take FMLA time off for the following reasons:

·         To care for their own health

·         To care for the health of a spouse

·         To care for a child, as long as the child is younger than 18

·         To care for a parent, as long as the parent is a biological parent and the employee is at least 18 years old

·         Both male and female employees may be able to take time off for the birth of a child

·         Both male and female employees can take time off after a child has been adopted or taken in through foster care CB