Tennessee Code Annotated

Tenn. Code Ann. § 49-5-702 (2026)

Application for leave

✓ current as of May 2026

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(a) Any person holding a position that requires a teacher's license shall be granted leave for military service, legislative service, maternity, adoption, recuperation of health or visitation of a spouse, child or parent deployed for military duty out of the country who has been granted rest and recuperation leave and may be granted leave for educational improvements or other sufficient reason without forfeiture of accumulated leave credits, tenure status or other fringe benefits. Local boards of education may compensate teachers the difference between their regular pay and their military pay while engaged in military service. Nothing in this subsection (a) shall be construed to affect any rights granted public employees under title 8, chapter 33.

(b) All leaves shall be requested in writing at least thirty (30) days in advance on forms adopted by the local board of education and uniformly used throughout the school system. The thirty-day notice may be waived or reduced by the director of schools or upon a certified statement of a physician approved by the director of schools.

(c) The teacher's application for leave forms shall require, but not be limited to:
- (1) A description of the type of leave requested;
- (2) The requested dates for beginning and ending the leave; and
- (3) A statement of intent to return to the position from which leave is granted.

Acts 1973, ch. 175, § 1; 1975, ch. 51, § 1; T.C.A., § 49-1315; Acts 1987, ch. 308, § 29; 1997, ch. 365, § 1; 2003, ch. 268, § 1; 2008, ch. 925, § 1.

Notes of Decisions

Cited in 3 cases, 1987–1992 · leading case: State ex rel. McGhee v. John, 837 S.W.2d 596 (Tenn. 1992).

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State ex rel. McGhee v. John, 837 S.W.2d 596 (Tenn. 1992). · cites it 10× “The current controversy arose when McGhee tried to resume her position as a senior English teacher at the Campbell County High School at the end of a 12-month leave of absence, which had been granted by the school board pursuant to T.C.A. §§ 49-5-702 and 49-5-703. The provisions…”

Jones v. Brown, 727 S.W.2d 497 (Tenn. 1987). · cites it 2× “See T.C.A. § 49-5-702 and § 49-5-411. Plaintiff did not resign from the school system in 1980, nor did he take a leave of absence.”

State ex rel. Thompson v. Walker, 845 S.W.2d 752 (Tenn. Ct. App. 1992). “ce officers, clerical assistants and other employees authorized by this title, and to fix salaries for such authorized positions according to the provisions of this title; and to make written contracts with all employees; (A) No individual shall be elected to an interim contract…”

— Tenn. Code Ann. § 49-5-702(c) — 1 case

State ex rel. McGhee v. John, 837 S.W.2d 596 (Tenn. 1992). “The current controversy arose when McGhee tried to resume her position as a senior English teacher at the Campbell County High School at the end of a 12-month leave of absence, which had been granted by the school board pursuant to T.C.A. §§ 49-5-702 and 49-5-703. The provisions…”

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