Alabama: FMLA Employers Must Provide Family Leave Under State Law

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APPLIES TO

All Employers with Alabama Employees covered by FMLA

EFFECTIVE

July 1, 2022

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(888) 378-2456

Alabama recently adopted the Adoption Promotion Act, which requires unpaid leaves of absence for birth and adoptive parents. Employers covered by the federal Family and Medical Leave Act are required to comply with the Act. Eligible employees are entitled to 12 weeks of unpaid leave, which runs concurrently with FMLA leave. The Act permits leave for:

  • The birth and care of a child born to the employee during the first year after the child’s birth; or
  • The care of a child placed with the employee in connection with adoption within one year of the placement of the child.

If an employee has already used their allotted FMLA leave, employers are not obligated to provide additional leave under the Act. Intermittent leave is only permitted upon agreement between the employer and employee. Requests for additional family leave due to the adoption of an ill or disabled child must be considered on the same basis as comparable cases of complications in childbirth.

Employers who provide paid leave to employees for birth and care of a child must also provide the lesser of either equivalent paid leave or two weeks paid leave to employees for care of a child placed with the employee for adoption. However, employers are only required to provide paid leave to one of two different eligible employees if both would be using the benefits.

When leave is foreseeable, the employee must provide their employer with at least 30 days’ notice before leave begins. If leave is not foreseeable, notice must be given as soon as practicable. Employers cannot penalize employees for taking leave.

Action Items

  1. Review SB 31 here.
  2. Have leave policies and practices updated for compliance.
  3. Train appropriate personnel on requirements.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2022 ManagEase