Tennessee Statewide Rule
Tennessee Paid Leave Mandate Preemption Law
Key Facts
- T C
- T.C.A. 50-2-112 preempts local benefit mandates
- Requirements
- No state requirement for private paid sick leave
- Standards
- FMLA unpaid leave still applies to qualifying employers
- Prohibitions
- Cities cannot mandate vacation or family leave benefits
- Public Employee
- Public employee benefits remain a local discretion matter
Summary
Tennessee bars local governments from mandating paid sick or family leave on private employers under T.C.A. 50-2-112, leaving leave decisions to employer discretion.
(A) Unless required by state or federal law, all additional wage or employment benefit mandates imposed on private employers by a local government are hereby preempted. (B) Notwithstanding a charter, ordinance, or resolution to the contrary, a local government shall not require, as a condition to doing business within the jurisdictional boundaries of the local government or contracting with the local government, a private employer to pay its employees an hourly wage in excess of the minimum hourly wage required to be paid by such employer under applicable federal or state law, nor does a local government have the authority to impose a wage or employment benefit mandate on a private employer.
Full Breakdown
T.C.A. 50-2-112 prohibits local governments from imposing employee benefit mandates beyond state or federal requirements. This preemption explicitly covers paid sick leave, paid family leave, vacation accrual, and similar benefits. Tennessee does not require private employers to provide paid sick leave; federal Family and Medical Leave Act standards apply only to unpaid leave at qualifying employers. Cities cannot adopt paid leave ordinances such as those enacted in other states. Local governments may still offer paid leave to their own public employees.
Violations & Penalties
Local paid leave mandates are unenforceable, and private employers can challenge them in court for declaratory and injunctive relief.
Frequently Asked Questions
Does Tennessee require employers to offer paid sick leave?
Can a Tennessee city require paid family leave for businesses?
Sources
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.