['Discrimination']
['Pregnancy Discrimination']
06/13/2024
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Summary of differences between federal and state regulations
Employer defined
“Employer” includes the state, or any political or civil subdivision, and persons employing eight or more persons within the state, or any person acting as an agent of an employer, directly or indirectly.
Unlawful employment practices
The state law does not specifically reference pregnancy discrimination. However, the federal requirements would still apply. Also, the state law does include requirements for maternity leave in Tennessee Code Title 4, Chapter 21, Section 408, Maternity leave.
A female who has been employed for at least 12 consecutive months as a full-time employee, and who gives at least 3 months’ advance notice, may take up to four months of leave for pregnancy, childbirth, and nursing.
The employee must be restored to her previous or a similar position with the same status, pay, length of service credit and seniority, wherever applicable, as of the date of her leave. If an employee’s job position is so unique that the employer cannot, after reasonable efforts, fill that position temporarily, then the employer will not be liable for failure to reinstate the employee at the end of her maternity leave period.
A female employee who is prevented from giving three months’ advance notice because of a medical emergency does not lose these rights and benefits solely because of her failure to give three months’ advance notice.
Maternity leave may be with or without pay at the discretion of the employer. Maternity leave can not affect the employee’s right to receive vacation time, sick leave, bonuses, advancement, seniority, length of service credit, benefits, plans or programs for which she was eligible at the date of her leave, and any other benefits or rights of her employment incident to her employment position. However, the employer need not provide for the cost of any benefits, plans or programs during the period of maternity leave unless such employer so provides for all employees on leaves of absence.
The provisions of Section 408, Maternity leave, must be included in the next employee handbook published by the employer after 1988.
Posting
Employers must post the “Tennessee Law Prohibits Discrimination in Employment” poster in a prominent location.
State
Contact
Tennessee Human Rights Commission
Regulations
Tennessee Code, Title 4, Chapter 21, Part 4, §4-21-408
http://www.lexisnexis.com/hottopics/tncode/
Rules of the Human Rights Commission
Federal
Contact
Equal Employment Opportunity Commission (EEOC)
Regulations
Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
29 CFR Parts 1604.10, Employment policies relating to pregnancy and childbirth.
Appendix A to Part 1604, Questions and Answers on the Pregnancy Discrimination Act, Public Law 95-555, 92 Stat. 2076 (1978)
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