Federal & State Regulations | Leave - Alabama | J. J. Keller® Compliance Network

Summary of difference between federal and state regulations

The Fair Labor Standards Act does not require payment for time not worked, including time off for jury duty, voting, or responding to a subpoena. This type of benefit is generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.

Jury duty

Alabama law entitles each full-time employee to his/her usual compensation minus the fee or compensation received for serving as a juror.

Voting

Alabama law provides that each employee shall be permitted to take any necessary time off to vote in any election unless their work hours do not interfere. The law states that after an employee gives reasonable notice to his or her employer, the employee can take up to one hour off to vote. This does not apply if the hours the employee works is two hours after the opening of the polls or one hour before the polls close.

Responding to a subpoena

Alabama law indicates that victims must respond to a subpoena to testify in a criminal proceeding or participate in the reasonable preparation of criminal proceeding without the loss of employment or the intimidation, threats, or fear of the loss of employment.