A new law in Tennessee provides public school educators and administrators across the state with 6 work weeks of paid parental leave for childbirth, stillbirth, or adoption. Read below to learn more about this law and how you may be able to take paid parental leave.
What does the paid parental leave law do?
Tennessee’s 2023 law provides eligible public school educators and administrators with 6 work weeks of paid parental leave within 12 months of the birth, stillbirth, or adoption of the employee’s minor child. The law covers stillbirths that occur at least 20 weeks into a pregnancy, or when the fetus weighs at least 350 grams. Eligible employees will receive 100% of their pay during their 6 work weeks of leave. An eligible employee may not receive more than 6 work weeks of paid leave within a 12- month period.
What recent changes have been made to the paid parental leave law?
Effective on May 1, 2024, the law expands coverage to public charter school employees. Effective on July 1, 2025, employees of state special schools are also covered. A recent update to the law that became effective on April 11, 2025 clarifies that the term adoption includes the period of time beginning with filing 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, guardianship, or custodial order until the issuance of a final order of adoption by the court. In addition, effective on July 1, 2025, there are changes to the ability to take paid parental leave in smaller chunks of time, also known as intermittent leave (see question below).
Who is eligible for paid parental leave?
Those eligible include teachers, principals, supervisors, and other individuals required by law to hold a valid license of qualification for employment with a “local education agency” (LEA) or public charter school, or or an emergency credential issued by the Department of Education required for the position the employee holds. Teachers in state special schools, defined as individuals who are licensed by the state board of education and employed at a state special school, are also eligible as of July 1, 2025, except for the chief administrative officer of the state special school. Under Tennessee’s law, an LEA means “any county, city, or special school district, unified school district, school district of any metropolitan form of government or any other school system established by law” and public charter school means “a public school in this state that is established and operating under the terms of a charter agreement.” Eligible employees must have worked full-time with the same LEA, public charter school, or state special school for at least 12 months before taking paid parental leave, and must have held their license or emergency credential for the entire 12 consecutive months of employment before taking leave.
Do I need to give my employer notice of my plan to take paid parental leave?
Eligible employees are required to give their employers at least 30-days notice of their intention to take paid parental leave. However, if an employee learns of their need to take paid parental leave less than 30 days in advance, the employee must inform their employer as soon as reasonably possible.
My partner/spouse is also an educator. Do they get 6 work weeks of paid parental leave as well?
Yes, both partners/spouses are eligible for 6 work weeks of paid parental leave individually. They are not required to take this paid parental leave at the same time, so long as they follow their school board or charter school governing body’s policy regarding incremental leave and take leave within 12 months of their child’s birth, stillbirth, or adoption.
Do I have to take paid parental leave all at once or can I take it intermittently?
According to an update to the law effective on July 1, 2025, each local school board and public charter school governing body is required to adopt a policy that determines if the 6 weeks of leave have to be taken all at once (except for extenuating circumstances), or if the leave can be taken in smaller increments of no less than one week at a time. Therefore, educators should consult their school board’s policy to determine whether they are eligible to take leave in increments of one week or must take their leave consecutively. All leave must be taken within 12 months of their child’s birth, stillbirth, or adoption.
How does paid parental leave interact with other types of leave like the FMLA?
Employers cannot require an eligible employee to use their sick, annual, or other leave when taking this paid parental leave. However, paid parental leave does count toward covered employees’ allotment under the federal Family and Medical Leave Act (FMLA) and the Tennessee Maternity leave law.
Under federal law, covered employees may be FMLA eligible if they have (1) worked for a local education agency, public charter school, or state special school (including public school boards and public elementary and secondary schools regardless of the number of employees), (2) worked at their employer for at least 12 months, and (3) worked at least 1,250 hours in the year prior to needing leave. The FMLA provides up to 12 weeks of unpaid time off of work per year, which can be used either all at once, on a reduced schedule, or in small increments to care for your own serious health needs, including pregnancy and time off to bond with your new baby, for placement of a child for adoption or foster care, and other reasons without losing your job (or your health insurance, if you have it).
Additionally, employees who have worked full-time for their employer for at least 12 months can take up to 4 months of unpaid leave for pregnancy, childbirth, breastfeeding, and adoption under the Tennessee Maternity leave law. This 4 months of leave may run at the same time as FMLA leave, so the total amount of leave for an eligible employee cannot exceed 16 weeks. Employees who give at least 3 months’ notice of their intention to take maternity leave are entitled to return to their same or a similar position with the same benefits and seniority. Employees can give less than 3 months’ notice in the event of a medical emergency.
You may have additional rights under state and federal law.
What if I have more questions about the paid parental leave law?
You can contact your local school district for questions about their policies for taking paid parental leave. You can also reach out to A Better Balance’s free and confidential legal helpline at 1-833-NEED-ABB.
For more information, contact A Better Balance’s free legal helpline at 1-833-NEED-ABB or visit us online.
A Better Balance uses the power of the law to advance justice for workers, so they can care for themselves and their loved ones without jeopardizing their economic security.
The information contained in this document does not constitute legal advice. It is always advisable to consult with an attorney about your individual circumstances if you have questions or think your rights as a worker have been violated.