Sick Leave

Tennessee Code Annotated
Tennessee Attorney General Opinions

Reference Number: CTAS-1004

The law does not mandate paid sick leave for most county employees,^[1]although a certain amount of unpaid leave may be required under the federal Family and Medical Leave Act (FMLA) for illness that meets the definition of a “serious health condition.” More on FMLA

Since employers generally are not required by law to give employees paid sick leave, an employer may establish any paid sick leave policy that suits the employer’s needs. However, state law requires that county government employers have a written policy stating whether paid sick leave is given and if so, how it accrues and how it may be used, and provisions for maintaining leave records.^[2]

[1] Paid sick leave for teachers is required and is regulated under T.C.A. § 49-5-710. Also, employees who are injured on the job receive leave with a portion of their regular pay under the state Workers’ Compensation Law, discussed elsewhere in this manual.

[2] T.C.A. § 5-23-104.