HB 1727

Beginning January 1, 2027, this bill requires a county to include in the county's base personnel policy a policy that authorizes a county employee to take unpaid job-protected leave in the event of a qualifying medical emergency if the county employee meets all of the following criteria :  Has been employed by the county for no less than 11 months and three weeks consecutively and during the period immediately preceding the request for leave.  Is otherwise eligible for leave under the federal Family and Medical Leave Act (FMLA), including by having met the hours-of-service requirement for such leave.  Provides written notice as soon as practicable of the need for leave.  Either (i) does not otherwise have sick leave, annual leave, or another job-protected category of leave available for use for the qualifying medical emergency prior to the county employee's eligibility for the leave required under the FMLA, or (ii) the county for which the county employee works for does not provide job-protected leave as a benefit of employment. As used in this bill, a "qualifying medical emergency"" includes the birth of a child, stillbirth of a child, caring for a family member who has a serious health condition, or the employee's serious health condition. As used in this bill, a ""family membe r"" means an employee's child, spouse, parent, or a grandchild if the employee requesting the leave is the grandparent and the employee has custody of the grandchild at the time leave is requested This bill requires the policy to allow the county employee to begin utilizing the leave required under the FMLA if the county employee becomes eligible for FMLA leave while on granted leave. For county employees, this bill supersedes any conflicting general laws or private acts and does not apply to Shelby County, Davidson County, Moore County, or Trousdale County. MUNICIPALITY AND METROPOLITAN GOVERNMENT EMPLOYEES Beginning January 1, 2027, this bill requires a municipality and metropolitan government to include in their personnel policy a policy that allows an employee to take unpaid job-protected leave in the event of a qualifying medical emergency if the employ ee: meets all of the criteria listed above for county employees. Such a policy must allow a municipal and metropolitan government employee to begin utilizing the leave required under the FMLA if the employee becomes eligible for FMLA leave while on grant ed leave. STATE EMPLOYEES This bill expands leave for state employees by adding ""otherwise eligible employees"" for those who qualify for family leave for the birth or placement of a child, or qualified medical emergency, and by including a definition for a ""family member."" This bill defines ""otherwise eligible employee"" to mean a teacher, principal, supervisor, or other individual required by law to hold a valid license of qualification for employment in the public schools of this state and who meets all of the following requirements:  Has a valid license of qualification, or an emergency credential issued by the department of education, required for the position the employee holds.  Has been employed full time with the same local education agency or public charter school for not less than 11 months and three weeks and would otherwise be eligible for leave under the federal FMLA, including by having met the hours-of-service requirement for such leave.  Has held a valid license of qualification or an emergency credential issued by the department of education, for the entire duration of employment with the local education agency (LEA) or public charter school. This bill provides that an eligible state employee who is granted leave pursuant to the provisions under this heading must not be required to use the employee's sick, annual, or other leave for the leave taken pursuant to the provisions under this headin g. Except for employees of a LEA's or public charter school, the leave granted counts toward the employee's use of leave required to be given by this state as an employer under the federal law. LEA AND PUBLIC CHARTER SCHOOL EMPLOYEES Present law requires each local board of education and public charter governing body to adopt a policy that requires the six work weeks of paid leave to be taken and used in accordance with all of the following requirements:  Either be (i) taken consecutively, except in extenuating circumstances, as determined and approved by the director of schools or the director of the public charter school, as applicable or (ii) taken non-consecutively, but in increments of no less than one week.  Used within 12 months of the birth or stillbirth of the employee's child or the employee's adoption of a newly placed minor child. In addition to the policy described above, on and after January 1, 2027, this bill requires each local board of education and public charter school governing body to include in the LEA's or public charter school governing body's leave policy a policy tha t allows an otherwise eligible employee to take unpaid job-protected leave in the event of a qualifying medical emergency if the otherwise eligible employee adheres to the following:  Provides written notice as soon as practicable of the need for leave.  Does not have sick leave, annual leave, or another job-protected category of leave available for use for the qualifying medical emergency prior to the employee's eligibility for the leave required under the FMLA. This bill requires the policy to allow an otherwise eligible employee who becomes an eligible employee during the period of leave to begin utilizing the paid leave once the employee becomes an eligible employee."