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Tennessee requires time off for Veterans Day

07/07/22

Author: ADP Admin/Wednesday, July 6, 2022/Categories: Compliance Corner , State Compliance Update, Tennessee

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.

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