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['Family and Medical Leave Act (FMLA)']
['Family and Medical Leave Act (FMLA)']
08/02/2022
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Summary of differences between federal and state regulations
Alabama employers need to be aware of the Adoption Promotion Act, which has some similarities to the federal FMLA, and sick leave for public employers.
Adoption Promotion Act
This law was enacted on April 15 and became effective July 1, 2022.
Covered employers
Alabama public agencies, all public and private elementary and secondary schools, and private companies with 50 or more employees are covered by the Adoption Promotion Act. These employers must offer unpaid family leave for the birth of, or care of a child placed with the employee through adoption.
Employee eligibility
Employees are eligible for family leave under Alabama’s law if they have worked for the company for at least 12 months, worked at least 1,250 hours in the 12 months before leave is to begin, and work at a location with at least 50 company employees within 75 miles.
Reasons for leave
Eligible employees are entitled to up to 12 weeks of unpaid family leave for the birth and care of a child or for the care of an adopted child. The leave must take place within one year of the birth or placement. The leave may not be taken intermittently unless agreed upon by employer and employee.
Requests for additional family leave due to the adoption of an ill child or a child with a disability must be considered on the same basis as comparable cases of complications accompanying the birth of a child.
If you offer paid leave benefits to employees for the birth and care of a biological child, you must also provide the lesser of either:
- Equivalent leave paid at the employee’s regular rate of pay or
- Two weeks’ paid leave for the first year after placement of an employee’s adopted child.
Paid leave benefits offered following adoption may only be paid to one of two eligible employees, if such benefits would be used by both employees for the care of a child placed with both employees.
The leave generally runs concurrently with federal FMLA leave.
Maintenance of health benefits
The law is silent on whether employers must continue group health care coverage during the leave. Since the AL leave runs concurrently with the FMLA, the FMLA will require employers to do so.
Notices
Similar to the federal FMLA, employees must provide at least 30 days’ prior notice of their intention to take leave. Otherwise, notice must be provided as soon as practicable.
Job restoration
While the law does not explicitly indicate job protection, employers may not penalize employees for exercising their rights under the law. The federal FMLA also provides for job protection.
Sick leave - public employers
Covered employers
Unlike the federal FMLA which covers nearly all employers, Alabama’s sick leave applies only to city, county, and state Board of Education employers, and certain other public employers.
Employee eligibility
To be eligible for leave benefits, an employee must be a full time employee of a covered employer as described above. Unlike FMLA, an employee does not need to work a specified number of months or hours to be eligible for leave under Alabama’s provisions.
Leave entitlement
Leave is only available to the extent of an eligible employee’s accrued sick leave. Employees earn one sick leave day per month of employment, and are allowed to accumulate an unlimited number of sick leave days. These sick days are transferable from one employer to another.
Type of leave
An eligible employee may take sick leave for:
- Personal illness or a doctor’s quarantine;
- Incapacitating personal injury;
- Care of an ill member of their immediate family (e.g., parent, spouse, child, sibling) or an individual with a close personal tie to them;
- Death in the family (e.g., parent, spouse, child, sibling, parent-in-law, etc.);
- Death, injury, or sickness of another person who has unusually strong personal ties to them, such as a person who stood in loco parentis.
Maintenance of health benefits
There is no state provision which requires an employer to maintain coverage under any group health plan while the employee is on leave, however; FMLA requires that covered employers continue to provide group health insurance.
Pay while on leave
Reimbursement of pay for the employee per day of sick leave shall be at the daily rate of pay for the employee.
On-the-job injuries
If an employee’s absence is caused by an on-the-job injury, other provisions apply. The employee must notify the employer, the employer may require medical certification, salary and fringe benefits continue for up to 90 working days, the state reimburses employers for costs of the injury, and the time off does not count against the employee’s sick leave bank.
Job restoration
Unlike FMLA, Alabama does not provide job restoration rights to employees.
Notice
Unlike FMLA, Alabama does not mandate any notice requirements.
Emergency responder leave
Alabama law provides job protection for employees who also serve as volunteer firefighters or volunteer emergency worker service providers. If a member of a volunteer fire department or an emergency service provider misses time from work because he or she is called to respond to an emergency, an Alabama employer may not discharge the employee because of resulting missed time from work.
An “emergency” is defined to include going to, attending to, or coming from:
- A fire call,
- A hazardous or toxic materials spill and cleanup,
- Any other situation to which a volunteer fire department has been dispatched, or
- An actual medical emergency to prevent the imminent loss of life.
Employees must try to contact their employers before emergency dispatch if possible, and an employer may request that the employee provide a note from the chief of the volunteer emergency service confirming the employee’s involvement at the time and date in question.
Time lost due to emergency service may be charged against the employee’s regular compensation.
Willful violation by an employer will result in the employee’s reinstatement and repayment of all lost wages and benefits.
Federal
Contacts
US Dept. of Labor, Wage & Hour Division
Regulations
29 CFR Part 825, “The Family and Medical Leave Act of 1993”
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['Family and Medical Leave Act (FMLA)']
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