Skip to main content
The Mom Site

Maternity leave in Tennessee

What you get in Tennessee when you have a baby: job-protected time off, ways to get paid, and the state laws that protect you at work.

Checked October 2026 · 23 sources · Not legal advice

Short answer

Tennessee has no state paid family leave program. A 2023 law lets insurers sell paid family leave policies to employers, so you're covered only if your employer buys one. So most new moms combine unpaid FMLA leave (12 weeks, if you qualify) with short-term disability and paid time off.

Tennessee at a glance

Checked October 2026. Details and sources below.

What you get in Tennessee

Tennessee doesn't run a paid family leave program, and no federal law requires private employers to pay for maternity leave. What you can count on depends on where you work: FMLA's 12 weeks of unpaid, job-protected leave if you qualify, plus whatever your employer pays.

Tennessee's Parental Leave Act lets full-time employees at a job site with 100+ full-time workers take up to 4 months of leave for pregnancy, childbirth, nursing an infant or adoption, after 12 consecutive months. Pay is the employer's choice. Give 3 months' notice (medical emergencies excepted) to keep your right to return.

State disability programs in California and New York pay for 6 weeks of recovery after a vaginal birth and 8 after a C-section, longer with complications. After recovery, time off to bond with your baby is unpaid unless you use paid time off or your employer offers paid parental leave.

Sources: Electronic Code of Federal Regulations (National Archives); California Employment Development Department (EDD); New York State Workers’ Compensation Board; U.S. Department of Labor. Data as of October 2026.

A typical leave with FMLA, week by week

Vaginal birth12 weeks

C-section12 weeks

  • Recovery
  • Unpaid, job-protected
Assumes you qualify for FMLA and start leave at the birth. Recovery weeks are paid only through short-term disability or paid time off; the rest of the 12 weeks is unpaid unless your employer pays.

Do you qualify for FMLA?

You qualify if you've worked for the employer at least 12 months and 1,250 hours in the past 12 months, at a worksite where the employer has 50+ employees within 75 miles. Public agencies and schools are covered at any size.

50+

employees within 75 miles of your worksite (public employers and schools of any size)

12 mo

with your employer, not necessarily in a row

1,250

hours worked in the past 12 months, about 24 a week

12 wk

of unpaid, job-protected leave, with your health coverage kept

Sources: Electronic Code of Federal Regulations (National Archives); U.S. Department of Labor; U.S. Equal Employment Opportunity Commission

Getting paid during maternity leave in Tennessee

Your pay while you're out comes from these sources, usually in combination.

  • Short-term disability

    If your employer offers short-term disability, or you have your own policy, it can pay part of your wages while you recover from the birth. Employer plans set their own percent of pay and number of weeks, so ask HR for the plan document. How short-term disability works for pregnancy

  • Paid time off and sick leave

    No federal law requires private employers to give paid family, maternity or parental leave. FMLA leave is unpaid, though workers can use paid leave they've earned, and the Fair Labor Standards Act doesn't require pay for time not worked. Check how many PTO and sick days you'll have saved by your due date.

    Sources: Electronic Code of Federal Regulations (National Archives); U.S. Department of Labor

  • A family leave insurance policy

    Tennessee lets insurers sell paid family leave insurance to employers, either as a rider on group disability or life coverage or as a separate group policy. Employers choose whether to buy it (Tennessee Paid Family Leave Insurance Act, Tenn. Code Title 56, Ch. 7; 2023 Pub. Ch. 91, effective Jan. 1, 2024). Ask HR whether your employer has one.

    Sources: Tennessee Secretary of State; Tennessee General Assembly

  • If you work for the state of Tennessee

    Tennessee gives full-time state employees with at least 12 straight months of service 6 weeks of paid leave at 100% of salary after a birth or adoption, without using their sick or annual leave. It must be used within 12 months (2023 Tenn. Pub. Acts ch. 216, effective July 1, 2023).

    Sources: Tennessee Secretary of State; Tennessee Department of Human Resources

  • If you're a federal employee

    Federal civilian employees covered by title 5 FMLA can get up to 12 weeks of paid parental leave for each birth or adoption/foster placement on or after Oct. 1, 2020, used within 12 months after the birth or placement. It requires 12 months of qualifying federal service and is separate from sick and annual leave.

    Source: U.S. Office of Personnel Management

Your rights at work in Tennessee

State laws on leave, pregnancy accommodations and pumping, checked October 2026. Federal law (FMLA, the Pregnant Workers Fairness Act and the PUMP Act) applies on top of these.

  • Leave and pregnancy rules

    State law

    Tennessee's Parental Leave Act lets full-time employees at a job site with 100+ full-time workers take up to 4 months of leave for pregnancy, childbirth, nursing an infant or adoption, after 12 consecutive months. Pay is the employer's choice. Give 3 months' notice (medical emergencies excepted) to keep your right to return.

    Source: University of Tennessee County Technical Assistance Service (CTAS)

  • Pregnancy accommodations

    State law

    Tennessee requires employers with 15 or more employees to make reasonable accommodations for medical needs arising from pregnancy, childbirth or related conditions unless it causes undue hardship, such as more frequent breaks, lifting limits or a temporary transfer. Employers can't force you onto leave if another accommodation would work (Tennessee Pregnant Workers Fairness Act, Tenn. Code 50-10-101 to -104, in effect since Oct. 1, 2020).

    Sources: Tennessee Secretary of State; U.S. Department of Labor, Women's Bureau; A Better Balance

  • Pumping at work

    State law

    Tennessee requires employers to give reasonable unpaid break time each day to pump for an infant, unless it would unduly disrupt operations, and to make reasonable efforts to provide a private place near the work area that isn't a toilet stall (Tenn. Code 50-1-305). Employers with 15 or more workers may also have to provide a private, non-bathroom space to pump as a pregnancy accommodation (2020).

    Sources: U.S. Department of Labor, Women's Bureau; Tennessee Department of Human Resources; Tennessee Secretary of State

Guides

Paternity leave in Tennessee

Tennessee has no law that pays fathers or partners for bonding leave. If they qualify, FMLA gives them up to 12 weeks of unpaid, job-protected leave to care for the newborn, under the same rules as moms. Employer paid parental leave and paid time off are the usual ways to get paid.

State employees: Tennessee gives full-time state employees with at least 12 straight months of service 6 weeks of paid leave at 100% of salary after a birth or adoption, without using their sick or annual leave. It must be used within 12 months (2023 Tenn. Pub. Acts ch. 216, effective July 1, 2023).

Sources: Electronic Code of Federal Regulations (National Archives); Tennessee Secretary of State; Tennessee Department of Human Resources

12 wk

unpaid, job-protected FMLA leave for an eligible father or partner

$0

paid by Tennessee law to a father or partner

Your maternity leave, step by step

  1. During pregnancy

    Ask HR for the leave policy, the short-term disability plan document, and whether you qualify for FMLA. Tell your employer your expected dates as early as you can, and check how much paid time off you'll have.

  2. From the birth: recovery

    File your short-term disability claim if you have coverage. California's and New York's disability programs count 6 weeks of recovery after a vaginal birth and 8 after a C-section; your provider can certify more for complications.

  3. To week 12: bonding

    FMLA's job protection runs 12 weeks in all. After recovery, this time is unpaid unless you use paid time off or your employer pays parental leave.

  4. Back at work

    If you're pumping: Tennessee requires employers to give reasonable unpaid break time each day to pump for an infant, unless it would unduly disrupt operations, and to make reasonable efforts to provide a private place near the work area that isn't a toilet stall (Tenn. Code 50-1-305). Employers with 15 or more workers may also have to provide a private, non-bathroom space to pump as a pregnancy accommodation (2020).

Questions about maternity leave in Tennessee

How long is maternity leave in Tennessee?

No Tennessee law requires paid maternity leave. If you qualify for FMLA, you get up to 12 weeks of unpaid, job-protected leave. Tennessee's Parental Leave Act lets full-time employees at a job site with 100+ full-time workers take up to 4 months of leave for pregnancy, childbirth, nursing an infant or adoption, after 12 consecutive months. How much of that time is paid depends on your short-term disability coverage, your saved paid time off and your employer's own leave policy.

Does Tennessee have paid family leave?

No state program. Tennessee lets insurers sell paid family leave insurance to employers, either as a rider on group disability or life coverage or as a separate group policy. Employers choose whether to buy it (Tennessee Paid Family Leave Insurance Act, Tenn. Code Title 56, Ch. 7; 2023 Pub. Ch. 91, effective Jan. 1, 2024).

Do I qualify for FMLA?

You qualify if you've worked for the employer at least 12 months and 1,250 hours in the past 12 months, at a worksite where the employer has 50+ employees within 75 miles. Public agencies and schools are covered at any size.

Does Tennessee require pregnancy accommodations at work?

Tennessee requires employers with 15 or more employees to make reasonable accommodations for medical needs arising from pregnancy, childbirth or related conditions unless it causes undue hardship, such as more frequent breaks, lifting limits or a temporary transfer. Employers can't force you onto leave if another accommodation would work (Tennessee Pregnant Workers Fairness Act, Tenn. Code 50-10-101 to -104, in effect since Oct. 1, 2020). The Pregnant Workers Fairness Act requires employers with 15 or more employees to provide reasonable accommodations for limitations related to pregnancy, childbirth or related conditions unless it causes undue hardship. EEOC lists leave for health care appointments and leave to recover from childbirth as examples. It doesn't require the leave to be paid.

Is there paternity leave in Tennessee?

Tennessee has no law that pays fathers or partners for bonding leave. If they qualify, FMLA gives them up to 12 weeks of unpaid, job-protected leave to care for the newborn.

Do Tennessee state employees get paid parental leave?

Tennessee gives full-time state employees with at least 12 straight months of service 6 weeks of paid leave at 100% of salary after a birth or adoption, without using their sick or annual leave. It must be used within 12 months (2023 Tenn. Pub. Acts ch. 216, effective July 1, 2023).

More for new parents in Tennessee

Sources

  1. 1.Public Chapter No. 91 (2023), Senate Bill 454 / House Bill 609: Tennessee Paid Family Leave Insurance Act Tennessee Secretary of State. Accessed October 9, 2026.
  2. 2.HB0609 / SB0454 (113th General Assembly) bill information Tennessee General Assembly. Accessed October 9, 2026.
  3. 3.State paid family and medical leave contributions and benefits (Feb. 6, 2026) Mercer Law & Policy Group. Accessed October 9, 2026.
  4. 4.Sample Policy - Pregnancy Leave (CTAS-1121), quoting T.C.A. § 4-21-408, Leave for adoption, pregnancy, childbirth and infant nursing University of Tennessee County Technical Assistance Service (CTAS). Accessed October 9, 2026.
  5. 5.Interaction with Tennessee's Parental Leave Act (CTAS-1046) University of Tennessee County Technical Assistance Service (CTAS). Accessed October 9, 2026.
  6. 6.Public Chapter No. 745 (2020), Senate Bill 2520: Tennessee Pregnant Workers Fairness Act Tennessee Secretary of State. Accessed October 9, 2026.
  7. 7.Employment Protections for Workers Who Are Pregnant or Nursing: state data file (2023) U.S. Department of Labor, Women's Bureau. Accessed October 9, 2026.
  8. 8.State and local laws protecting pregnant workers (list as of June 29, 2020) A Better Balance. Accessed October 9, 2026.
Show all 23 sources
  1. 9.Attendance & Leave Manual Tennessee Department of Human Resources. Accessed October 9, 2026.
  2. 10.Public Chapter No. 216 (2023), Senate Bill 276 / House Bill 324: paid leave for birth or adoption for state employees Tennessee Secretary of State. Accessed October 9, 2026.
  3. 11.State Family and Medical Leave Laws (updated November 7, 2025) National Conference of State Legislatures. Accessed October 9, 2026.
  4. 12.29 CFR 825.100 The Family and Medical Leave Act Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  5. 13.29 CFR 825.104 Covered employer Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  6. 14.29 CFR 825.110 Eligible employee Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  7. 15.29 CFR 825.200 Amount of leave Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  8. 16.29 CFR 825.214 Employee right to reinstatement Electronic Code of Federal Regulations (National Archives). Accessed October 9, 2026.
  9. 17.Family and Medical Leave Act (FMLA) U.S. Department of Labor. Accessed October 9, 2026.
  10. 18.What You Should Know About the Pregnant Workers Fairness Act U.S. Equal Employment Opportunity Commission. Accessed October 9, 2026.
  11. 19.The Pregnant Workers Fairness Act (42 U.S.C. 2000gg) U.S. Equal Employment Opportunity Commission. Accessed October 9, 2026.
  12. 20.Vacation Leave U.S. Department of Labor. Accessed October 9, 2026.
  13. 21.Fact Sheet: Paid Parental Leave U.S. Office of Personnel Management. Accessed October 9, 2026.
  14. 22.Disability Insurance – Pregnancy FAQs California Employment Development Department (EDD). Accessed October 9, 2026.
  15. 23.Introduction to the Disability Benefits Law (employee disability benefits) New York State Workers’ Compensation Board. Accessed October 9, 2026.

Maternity leave in other states

No state program

Compare every state