Military Leave in TN

It is my understanding that TN law requires all companies to pay employees who are on leave for military training for up to 15 days and that the absence cannot be counted against vacation or other types of leave. Can someone tell me if this is correct for the State of TN?

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  • I'd go to the horses mouth if I were you. Call either your state's department of military affairs, state personnel board, state adjutant general's office, or the army national guard headquarters. They will be listed in the state government section of your phone book. Whoever you wind up with, ask them to fax you the section of the state regs for your file and reference. Don't rely on someone on the other end of the phone telling you something without them being willing to cite or fax you a reference section of the regs. Although they may be telling you precisely what's required, you need the written backup for your file and eventually you'll be asked to provide it to your boss or the accounting/payroll folks for their backup.
  • Check out this Employers Forum thread:

    "Tennessee State Guard leave request . . ."
    [url]http://www.hrhero.com/employersforum/DCForumID14/899.html[/url]

    It might answer your question.

    Christy Reeder
    Website Managing Editor
    [url]www.HRhero.com[/url]
  • >It is my understanding that TN law requires all companies to pay
    >employees who are on leave for military training for up to 15 days and
    >that the absence cannot be counted against vacation or other types of
    >leave. Can someone tell me if this is correct for the State of TN?


    I am not aware of a law that does this. An employee is entitled to take the time off under federal law and cannot be adversely affected. It permissible for the employee to take vacation so that he can be paid, although he or she is not required to do so. Some employers may have policies that say that an employee will be allowed to take paid leave to do the military leave, but that is a voluntary policy, not a law. There could be an exception for employees who actually work for the State of Tennessee. I am out of town right now and do not have access to a statute that may deal with this. I'll be happy to discuss this with you further next week or to continue to talk via email.

    John Phillips
    Editor, TN Employment Law Letter
    423/785-8325
    [email]jphillips@millermartin.com[/email]
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