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The Essential Guide to Family & Medical Leave

The purpose of the federal Family and Medical Leave Act (FMLA) is to help employees balance the demands of work and family. But the law can be hard for employers to apply in the real world. Questions about eligibility, coverage, notice and certification requirements, administering leave, continuing benefits, and reinstatement can challenge even the most experienced managers. This book has the plain-English answers to all of your tough questions about the FMLA. It provides detailed information, real-life examples, sample forms, and other tools to help you meet your legal obligations.

The purpose of the federal Family and Medical Leave Act (FMLA) is to help employees balance the demands of work and family. But the law can be hard for employers to apply in the real world. Questions about eligibility, coverage, notice and certification requirements, administering leave, continuing benefits, and reinstatement can challenge even the most experienced managers.

This book has the plain-English answers to all of your tough questions about the FMLA. It provides detailed information, real-life examples, sample forms, and other tools to help you meet your legal obligations.

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appendix A | state laws and departments of labor | 331<br />

Tennessee<br />

<strong>Family</strong> and <strong>Medical</strong> <strong>Leave</strong> Law (Tenn. Code § 4-21-408)<br />

Covered Employers: Employers with at least 100 full-time employees at the<br />

job-site or location where the employee works.<br />

Eligible Employees: Employees who have worked full-time for at least 12<br />

months.<br />

Types of <strong>Leave</strong>: For pregnancy, childbirth, nursing an infant, and adoption.<br />

Amount of <strong>Leave</strong>: Up <strong>to</strong> four months.<br />

Procedural Requirements<br />

• Notice: Employee must give at least three months’ notice <strong>to</strong> be entitled <strong>to</strong><br />

reinstatement; employee who cannot give three months’ notice because<br />

of a medical emergency or change in the placement date shall not be<br />

denied reinstatement.<br />

• Benefits: Employer need not pay <strong>to</strong> continue health benefits, unless it<br />

does so for employees on other types of leave.<br />

Reinstatement: Reinstatement is not required in either of the following cases:<br />

• <strong>The</strong> employee’s job is so unique that the employer could not obtain a<br />

temporary replacement.<br />

• <strong>The</strong> employee worked for another employer during leave.<br />

<strong>The</strong> employer must notify the employee if it denies reinstatement for one<br />

of these reasons.

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