Salaries and Benefits - As enacted, grants eligible employees leave of up to six workweeks because the employee is caring for a family member with a serious health condition. - Amends TCA Section 8-50-813. SB0322 has bee, the official text

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                            PUBLIC CHAPTER NO. 423

                                                     SENATE BILL NO. 322

        By Massey, Reeves, Campbell, Jackson, Lamar, Akbari, Oliver, Kyle, Rose, Yarbro

                                           Substituted for: House Bill No. 915

By Sparks, Garringer, Gillespie, McCalmon, Faison, Salinas, Hakeem, Behn, Keisling, Davis, Powell,
       Butler, Brooks, Sherrell, Justin Jones, Helton-Haynes, Camper, Clemmons, Barrett, Miller

AN ACT to amend Tennessee Code Annotated, Section 8-50-813, relative to state employees.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

          SECTION 1. Tennessee Code Annotated, Section 8-50-813(a), is amended by deleting the
subsection and substituting:

                   (a) In addition to leave granted under §§ 8-50-801, 8-50-802, and 8-50-806, an
          eligible employee must be granted absence from work with pay for a period of time equal to
          six (6) workweeks because of the birth of the employee's child or the placement of a child
          with the employee for adoption, or because the employee is caring for a family member with
          a serious health condition, and upon the employee giving thirty-days' notice to the
          appropriate appointing authority. If the eligible employee learns of the birth, adoption, or
          family member's serious health condition less than thirty (30) days in advance, then the
          employee shall give the notice as soon as reasonably possible. For the purpose of
          calculating service anniversary dates, this absence from work is considered full-time
          employment.

          SECTION 2. Tennessee Code Annotated, Section 8-50-813(d), is amended by deleting the
subsection and substituting:

                    (d) An eligible employee must not be granted more than six (6) workweeks of paid
          leave under subsection (a) during a twelve-month period, but the workweeks do not need to
          be taken consecutively. Leave granted under subsection (a) may be taken on a reduced
          schedule or intermittently as provided under 29 U.S.C. § 2612 of the federal Family and
          Medical Leave Act. An eligible employee may receive no more than six (6) workweeks of
          paid leave during a twelve-month period, even if there is more than one (1) qualifying birth,
          adoption, or family member's serious health condition under subsection (a). Leave granted
          pursuant to this section for a qualifying birth or adoption must be used within twelve (12)
          months of the qualifying birth or adoption.

          SECTION 3. Tennessee Code Annotated, Section 8-50-813(e), is amended by deleting the
subsection and substituting:

                    (e)(1) As used in this section:

                                       (A) "Eligible employee" means:

                                                 (i) An employee who has been employed full-time with the state
                                       for at least twe.lve (12) consecutive months with an entity descri~ed in
                                       §§ 8-30-102(a), 8-30-102(b)(2), 8-30-102(b)(6)-(7), • and 8-30-
                                        102(b)(10)-(13); or

                                                 (ii) An employee who has been employed full-time with the
                                       state for at least twelve (12) consecutive months with an entity
                                      • des·cribed in § 8-30-102(b)(9), except for an employee of any
                                        administrative board or commission that is attached to an entity
                                        described in § 8-30-102(b)(1) or§ 8-30-102(b)(3)-(5);
SB 322
                                       (B) "Family member" means an eligible employee's child, spouse,

                             parent, or a grandchild if the grandparent has custody of the grandchild at the
                             time leave is requested; and

                                       (C) "Serious health condition" means an illness or condition that
                             involves hospice care.
                             (2) The department of human resources may give guidance and further clarify
                   the definitions of "serious health condition" and "family member" by policy.
          SECTION 4. Tennessee Code Annotated, Section 8-50-813, is amended by adding the
following as a new subsection:
                   (i) If an eligible employee is caring for a family member with a serious health condition
          under subsection (a) prior to January 1, 2026, and has not used all of the leave to which the
          employee is entitled under the federal Family and Medical Leave Act, if applicable, then the
          employee is entitled to leave under this section beginning on January 1, 2026, for the
          remainder of leave to which the employee is entitled under the federal Family and Medical
          Leave Act, if applicable, on or after January 1, 2026, as a result of the employee caring for a
          family member with a serious health condition. The duration of paid leave must not exceed
          the paid leave available under subsection (d).
          SECTION 5. This act takes effect January 1, 2026, the public welfare requiring it.

                                                                2
         SENATE BILL NO. 322

PASSED:  Apri I 22, 2025

                   ~ ~ .. 4 , ~~~~
                          '               RANDvlMcNALLY

                             SPEAKER OF THE SENATE

                          c-:;r"c.

                            CAMERON SEXTON, SPEAKER
                           HOUSE OF REPRESENTATIVES

9tL APPROVED this  day of [V\~            2025

         ~
                      BILL LEE, GOVERNOR