Tennessee
Verified February 2026Tennessee Human Rights Act
Tenn. Code Ann. §§ 4-21-101 to 4-21-1004
Tennessee does not have a comprehensive state-level family or medical leave law that supplements the federal FMLA. For most employees, the right to unpaid, job-protected leave for serious health conditions or caregiving relies on the federal Family and Medical Leave Act. To qualify, you must work for an employer with 50+ employees and have worked at least 12 months and 1,250 hours.
Tennessee protects against disability discrimination through the Tennessee Human Rights Act (THRA), which covers employers with 8 or more employees, lower than the federal ADA threshold of 15. The Tennessee Human Rights Commission (THRC) enforces the THRA and investigates complaints. This means more Tennessee workers have state-level protection against disability discrimination than under federal law alone.
Tennessee also has the Tennessee Parental Leave Act, which provides up to 4 months of unpaid leave for pregnancy, childbirth, adoption, and nursing. However, this law only applies to employers with 100 or more employees, and the employee must have been employed for at least 12 consecutive months as a full-time worker. This is a narrow leave right focused on pregnancy and adoption, not a general family or medical leave law.
The Tennessee Disability Act (TDA) provides additional protections specifically for people with physical, mental, or visual disabilities, including a right to reasonable accommodations. Workers' compensation covers mental health injuries that arise from a specific, sudden workplace event, but gradual stress claims are difficult to prove. Together with federal protections, these state laws create a safety net that covers many Tennessee workers.
Employer Size
8+ employees
Leave Duration
N/A (no state leave law)
Paid Leave
Unpaid (job-protected)
Leave: Tennessee does not have a comprehensive state family or medical leave law. Federal FMLA is the primary source of job-protected leave. The Tennessee Parental Leave Act provides up to 4 months of unpaid leave for pregnancy and adoption, but only for employers with 100+ employees.
Anti-Discrimination: The Tennessee Human Rights Act (THRA) covers employers with 8 or more employees, lower than the federal ADA threshold of 15.
Additional Protections
Tennessee Disability Act (TDA)
Provides additional protections for people with physical, mental, or visual disabilities, including the right to use service animals and access to reasonable accommodations. Covers a broader definition of disability than some federal standards.
Tenn. Code Ann. § 8-50-103
Workers' Compensation - Mental Health Coverage
Tennessee workers' compensation covers mental injuries that result from a specific, sudden workplace event. Gradual mental stress claims without a physical injury are generally not compensable. The burden of proof is on the employee.
Tenn. Code Ann. § 50-6-102
1. Request FMLA Leave (Federal)
Since Tennessee has no comprehensive state leave law, eligible employees follow federal FMLA procedures:
- Notify your employer at least 30 days in advance for foreseeable leave.
- If leave is unforeseeable, notify as soon as possible (usually same or next business day).
- Follow your employer’s usual notice procedures for requesting leave.
- Provide medical certification if requested (usually within 15 days).
2. Request Parental Leave (State)
- If your employer has 100+ employees and you have worked there 12+ consecutive months full-time, you may be eligible for up to 4 months of unpaid parental leave for pregnancy, childbirth, or adoption.
- Provide your employer with at least 3 months' advance notice of your intention to take parental leave.
3. File a Disability Discrimination Complaint
- Verify your employer has 8+ employees and the incident is within 1 year.
- File a charge with the Tennessee Human Rights Commission online, by mail, or in person.
- THRC will investigate and attempt conciliation if it finds probable cause.
- If conciliation fails, THRC may hold a hearing or issue a right-to-sue letter.
Note: Filing with THRC automatically cross-files with the federal EEOC through a work-sharing agreement.
Important Deadlines
- 30 days - FMLA advance notice for foreseeable leave
- 3 months - Advance notice required for Tennessee Parental Leave Act leave
- 1 year - Deadline to file a discrimination charge with the Tennessee Human Rights Commission
- 300 days - Deadline to file with the federal EEOC (extended because THRC exists as a local agency)
- 15 days - Workers' comp injury must be reported to employer (written notice)
- 1 year - Statute of limitations for workers' compensation claims
Official Resources
Frequently Asked Questions
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