Working While Pregnant and After Birth
In Tennessee, various laws and programs are designed to support pregnant workers and new parents in balancing their work and family responsibilities.
Pregnancy and Work
Protection Against Pregnancy Discrimination
The Tennessee Pregnant Workers Fairness Act (PWFA) mandates that employers with 15 or more employees provide reasonable accommodations to employees who are pregnant, recovering from childbirth, or have related medical conditions, unless such accommodations would impose an undue hardship on the employer. This state law complements federal protections under the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities Act (ADA), ensuring that pregnant workers are not discriminated against and receive necessary accommodations. Learn More
Workplace Accommodations
Under the Tennessee PWFA, reasonable accommodations may include
More frequent or longer breaks
Modification of work schedules
Temporary transfer to a less strenuous position
Employers are required to engage in a timely, good faith interactive process with the employee to determine effective reasonable accommodations.
Workplace Safety for Pregnant Workers
Employers must ensure a safe working environment for pregnant employees. The Tennessee Occupational Safety and Health Administration (TOSHA) oversees workplace safety standards in the state.
Taking Time Off Work
Family and Medical Leave Act (FMLA)
Under federal law, eligible employees can take up to 12 weeks of unpaid leave per year for childbirth, bonding with a new child, or serious medical conditions, including pregnancy-related conditions. Eligibility requirements include:
Working for an employer with 50 or more employees within 75 miles
Having worked for the employer for at least 12 months
Logging at least 1,250 hours in the past year
The Tennessee Department of Human Resources provides information on FMLA rights.
Tennessee Family Leave Act (TFLA)
The TFLA applies to private employers with at least 100 full-time employees at a single job site in Tennessee. Eligible employees can take up to four months of unpaid leave for pregnancy, childbirth, nursing an infant, or adoption. Employees must have worked for the same employer for at least 12 consecutive months and logged a minimum of 1,250 hours in that period.
Learn More
Pregnancy Leave: Tennessee employers must allow pregnancy-related leave if they offer medical or sick leave for other conditions. This leave may be unpaid unless company policy or contracts specify otherwise.
Returning to Work with a Baby
Break Time for Nursing Mothers
Tennessee law requires employers to provide reasonable unpaid break time each day to an employee who needs to express breast milk for their infant child. Employers must make reasonable efforts to provide a private location, other than a toilet stall, in close proximity to the work area for this purpose.
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Parental Rights for Sick or Family Leave
If your child or family member has a serious health condition, you may qualify for unpaid leave under FMLA or TFLA to provide care.
Workplace Protections for New Parents
Equal Pay: Tennessee's wage laws ensure equal pay for equal work, regardless of gender or parental status.
Employment Termination: Employers cannot terminate or retaliate against employees for taking protected leave (e.g., FMLA or TFLA) or requesting pregnancy-related accommodations.
Job Protection: FMLA and TFLA guarantee that employees can return to their same or an equivalent position after taking parental leave.
Support for Parents in Tennessee
Childcare Assistance
Tennessee offers programs like the Child Care Certificate Program to help working parents with childcare costs. This program provides financial assistance to eligible families to access quality childcare. Learn More
Families First Program
Families First, Tennessee's Temporary Assistance for Needy Families (TANF) program, provides temporary cash assistance, transportation, childcare assistance, educational supports, job training, and other services to qualifying families. Learn More
Flexible Work Policies
Some Tennessee employers may voluntarily offer flexible work arrangements, remote work, or paid parental leave as part of their benefits.
These laws and programs aim to support pregnant workers and new parents as they balance work and family responsibilities in Tennessee.
Official links
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