Tennessee Code Annotated
Tenn. Code Ann. § 49-5-705 (2026)
Teacher's reinstatement after leave
✓ current as of May 2026
Positions vacated for less than twelve (12) months by teachers on leave shall be filled with an interim teacher for such time as the teacher is on leave. Upon return of the teacher within the twelve (12) months, the interim teacher shall relinquish the position, and the teacher shall return to the position. If the leave exceeds twelve (12) months, the teacher shall be placed in the same or a comparable position upon return from leave.
Acts 1973, ch. 175, § 1; 1975, ch. 51, § 1; T.C.A., § 49-1315.
Notes of Decisions
Cited in 4
cases, 1992–2019 · leading case: State ex rel. McGhee v. John, 837 S.W.2d 596 (Tenn. 1992).
State ex rel. McGhee v. John, 837 S.W.2d 596 (Tenn. 1992). “The provisions governing the teacher’s return from leave are found in T.C.A. § 49-5-705, as follows: Teacher’s reinstatement after leave.”
Harris v. Metro. Gov't Nashville & Davidson Co. Tn, 594 F.3d 476 (6th Cir. 2010). “Tenn. Code Ann. § 49-5-705 . Tennessee statutes also address sick leave accumulation and use, including the advancement of unearned sick leave and the use of leave donated to a sick leave bank.”
Melanie Lemon v. Williamson Cnty. Schs. (2019). “at 602 , reasoning that if the teacher were denied her statutory rights, she would “finally be eliminated altogether from the .”
Milton Harris v. Metro. Gov't of Nashville (6th Cir. 2010). “The district court also concluded that defendant breached the 2003-2004 Education Agreement’s provision that: “Upon returning from leave the employee shall be restored to the same position of employment or an equivalent position with no loss of benefits, pay or other terms of…”
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