Yes, if the employee provides at least thirty (30) days' advance notice of the date of departure, the length of leave, and their intention to return to full-time employment, they must be restored to their previous position or a similar one. The reinstated position must have the same status, pay, length of service credit, and seniority, when applicable.
Reinstatement is not required if:
- The employee’s position is so unique that it cannot be filled temporarily (as determined by the Commissioner), or
- The employee used parental leave to pursue other employment or worked part-time or full-time for another employer.
In these cases, the employee must be notified of the decision not to reinstate.
For more information, visit the State of Tennessee Attendance and Leave Manual.
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