Section 1120-06-.20 - PARENTAL LEAVE(1) An employee who has been employed for at least twelve (12) consecutive months as a full-time employee, may be absent from such employment for a period not to exceed four (4) months for adoption, pregnancy, childbirth and nursing an infant, where applicable. With regard to adoption, the four (4) month period shall begin at the time an employee receives custody of the child.(2) An employee on parental leave for the following qualifying reasons will be granted six (6) weeks of absence from work with pay:(a) The birth of the employee's child and to bond with the newborn child within one (1) year of birth or;(b) The placement of a child with the employee for adoption and to bond with the newly placed child within one (1) year of placement.(3) The paid leave does not count against an employee's annual, sick, or compensatory leave. For the purpose of calculating an anniversary date, this absence from work is considered full-time employment. Additionally, an eligible employee may receive no more than six (6) workweeks of paid leave for any twelve-month period, even if there is more than one (1) qualifying birth or adoption.(4) Leave granted under this rule must count toward the eligible employee's use of leave required to be provided by the State as an employer under the FMLA (29 U.S.C. sect; 2601, et seq.) and sect; 4-21-408, to the extent eligible.(5) An employee may use sick leave and annual leave for a period not to exceed said employee's accumulated sick leave and annual leave balance, or twelve (12) weeks, whichever is less.(6) When an employee adopts a child, an Appointing Authority has the discretion to grant additional special leave not to exceed one (1) year.(7) The Commissioner shall establish procedures pertaining to parental leave.Tenn. Comp. R. & Regs. 1120-06-.20
(For history prior to January 2, 1988, see pages 1-2 of the Introduction at the beginning of the chapters.) Repeal and new rule filed November 18, 1987; effective January 2, 1988. Amendment filed August 25, 1994; effective December 29, 1994. Repeal and new rule filed December 14, 2010; effective May 31, 2011. Repeal and new rule filed July 5, 2012; effective October 3, 2012. Amendments filed February 7, 2017; effective May 8, 2017. Amendments filed May 17, 2019; effective August 15, 2019. Amendments filed October 25, 2023; effective 1/23/2024.Authority: T.C.A. §§ 4-21-408, 8-30-104, 8-30-105, 8-30-406, 8-50-801, 8-50-802, and 8-50-806.