Tennessee has enacted legislation (House Bill 2733) that requires an employer to allow a veteran employee to take all of Veterans Day off as a non-paid holiday under certain circumstances. House Bill 2733 is effective immediately.
House Bill 2733:
Under the law, Tennessee employers must allow qualifying veterans to take the entirety of Nov. 11 (Veterans Day) as an unpaid day off from work.
Note: Employers may also choose to make it a paid holiday.
Covered employees:
The law defines a veteran as a former member of the U.S. armed forces or a former or current member of a reserve or Tennessee national guard unit that has been called into active service. The law does not cover independent contractors.
Notice requirements:
To request Veterans Day as an unpaid day off, a veteran must provide their employer with:
- At least one month's written notice; and
- Proof of their status as a veteran, such as a DD Form 214 or other comparable discharge papers from the armed forces.
Exceptions:
A veteran's absence, alone or combined with other veteran employee absences, cannot:
- Impact public health or safety; or
- Cause an employer significant economic or operational disruption.
Next steps:
Tennessee employers should:
- Review, update, clearly communicate, and consistently apply their policy on holiday pay;
- Maintain accurate records of leave requests; and
- Document and keep confidential an employee's veteran status for purposes of the leave.