Tennessee Sick Leave Law

Does your employer have to give you paid sick days in Tennessee? The short answer is no — and understanding why reveals something important about how Tennessee's labor law framework is built. Here are the questions Tennessee workers most frequently ask about sick leave, answered directly.

Does Tennessee Have a Paid Sick Leave Law?

No. Tennessee has no statewide paid sick leave mandate. Private employers in Tennessee are not required by state law to provide any paid sick time, any unpaid sick time, or any form of illness-related leave — beyond what federal law (specifically the Family and Medical Leave Act) already requires for covered employers.

This places Tennessee among roughly half the U.S. states that defer entirely to the federal framework on sick leave. Workers in Nashville, Memphis, and Knoxville have no state-law sick day entitlement.

What Did the 2017 Preemption Law Do?

Several Tennessee cities — most notably Nashville — explored local paid sick leave ordinances in the mid-2010s. In 2017, the Tennessee General Assembly enacted T.C.A. § 50-1-111, which prohibits local governments from imposing any employment benefit mandate that exceeds state law. The practical effect: no city or county in Tennessee can enact a local paid sick leave ordinance. Any future sick leave mandate for Tennessee workers would have to come from the state legislature or federal law.

What Does the FMLA Cover in Tennessee?

The Family and Medical Leave Act (FMLA) provides up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons — including the employee's own serious health condition — but it is not a sick leave law. FMLA applies only when:

1. The employer has 50 or more employees within 75 miles of the worksite
2. The employee has worked for the employer for at least 12 months
3. The employee has worked at least 1,250 hours in the past 12 months

Most small Tennessee employers — and Tennessee has a large small-business economy — are not covered by the FMLA. Workers at companies with fewer than 50 employees have no federal FMLA protection.

À retenir: FMLA leave is unpaid and applies only to serious health conditions — not routine illnesses like colds, flu, or minor injuries. It protects your job while you are out, but it does not require your employer to pay you during that time.

Can a Tennessee Employer Fire Me for Calling in Sick?

In most cases, yes. Tennessee is an at-will employment state. An employer can terminate an employee for any reason not prohibited by law — and calling in sick is not a protected activity under Tennessee state law (unlike FMLA, which protects qualified leave).

Exceptions exist:

• If your employer's own policy says sick leave is provided: An employer who promises sick leave in an employee handbook and then fires you for using it may face an implied contract or retaliation claim
• If the illness is covered by the FMLA or ADA: Terminating an employee for taking FMLA leave or firing someone due to a disability (rather than the absence itself) violates federal law
• If the illness is related to pregnancy: The Pregnant Workers Fairness Act (PWFA, effective 2023) requires covered employers to provide reasonable accommodations for pregnancy-related limitations, which may include modified attendance policies

What If My Employer Offers Sick Leave — What Are My Rights?

If your employer voluntarily provides paid sick leave, the following rules apply:

• Tennessee law does not regulate accrual rates, carryover limits, or payout at termination for voluntarily provided sick leave — those terms are set by company policy
• The employer's own written policy is binding. If the handbook says "5 sick days per year," the employer must provide them as described
• T.C.A. § 50-2-110 confirms that sick pay is not a "wage" under the Wage Regulation Act — meaning unused sick leave need not be paid out at termination unless the policy says so
• Retaliation for using sick leave that an employer has voluntarily provided is prohibited under general anti-retaliation principles and, if the leave qualifies as FMLA, under federal law

How Do I Know If My Absence Is Covered by the FMLA?

Follow these steps to evaluate your FMLA eligibility:

1. Check employer size: Does your employer have 50+ employees within 75 miles?
2. Check your tenure: Have you worked there for at least 12 months?
3. Check your hours: Did you work at least 1,250 hours in the past 12 months (~24 hours/week)?
4. Check your condition: Does your illness or a family member's illness constitute a "serious health condition" — typically one involving inpatient care or continuing treatment by a healthcare provider?
5. Notify your employer: Provide notice as soon as practicable. If the leave is foreseeable (planned surgery, ongoing treatment), give 30 days' notice.

If all four eligibility boxes are checked, your employer cannot deny FMLA leave and cannot fire you for taking it.

Are There Any Upcoming Changes to Tennessee Sick Leave Law?

As of 2026, no pending Tennessee legislation would create a statewide sick leave mandate. The political environment in Nashville has not been conducive to mandatory benefit expansions. The most realistic path to broader sick leave coverage for Tennessee workers remains federal legislation — which has been proposed but not enacted in recent Congressional sessions.

Workers who feel the current framework is insufficient should review their employer's voluntary sick leave policy carefully and consider negotiating additional sick leave provisions at the time of hire or during performance reviews.

Disclaimer: This article provides general educational information about Tennessee sick leave law. It does not constitute legal advice. For guidance about your specific situation, consult a licensed Tennessee employment attorney or contact the Tennessee Department of Labor and Workforce Development at tn.gov/workforce.

What Workers Can Do Without a Sick Leave Law

While Tennessee's legislative framework limits workers' sick leave rights, several practical options exist:

Negotiate at hire. Paid sick leave is a common negotiating point in competitive labor markets. Many Tennessee employers in healthcare, professional services, and technology offer 5-10 sick days voluntarily — and workers who ask during the hiring process are rarely turned down.

Leverage the ADA for chronic conditions. Workers with recurring conditions that rise to the level of a disability under the Americans with Disabilities Act (ADA) may be entitled to reasonable accommodations — which can include intermittent leave or attendance policy modifications — even if the employer is not FMLA-covered.

Use PTO banks. Most Tennessee employers who offer benefits combine sick and vacation time into a single Paid Time Off (PTO) bank. Employees in these arrangements have more flexibility in how they use accrued time, though the total days are not necessarily larger.