Alabama 2024 Regular Session

Alabama House Bill HB477 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	HB477INTRODUCED
2	2	Page 0
3	3	HB477
4	4	5ZNQMM6-1
5	5	By Representative Wood (D)
6	6	RFD: Ways and Means Education
7	7	First Read: 23-Apr-24
8	8	1
9	9	2
10	10	3
11	11	4
12	12	5 5ZNQMM6-1 04/16/2024 GP (L)lg 2024-1531
13	13	Page 1
14	14	First Read: 23-Apr-24
15	15	SYNOPSIS:
16	16	Existing law does not provide for paid parental
17	17	leave for employees of local boards of education.
18	18	This bill would provide certain eligible
19	19	employees of local boards of education with 12
20	20	workweeks of paid parental leave following the birth of
21	21	a child, the placement of a child for adoption,
22	22	miscarriage, or stillbirth, to be taken within 12
23	23	months of the birth, placement, miscarriage, or
24	24	stillbirth.
25	25	This bill would require an employer to provide
26	26	compensation and health care coverage to eligible
27	27	employees who take paid parental leave in the same
28	28	manner as if the employee remained at work.
29	29	This bill would require an employer to recover
30	30	health care premiums if an employee on paid parental
31	31	leave fails to return to work or leaves his or her
32	32	employer within two years after he or she commenced
33	33	parental leave.
34	34	This bill would also require the State Board of
35	35	Education and each local board of education to adopt
36	36	rules.
37	37	Section 111.05 of the Constitution of Alabama of
38	38	2022, prohibits a general law whose purpose or effect
39	39	would be to require a new or increased expenditure of
40	40	1
41	41	2
42	42	3
43	43	4
44	44	5
45	45	6
46	46	7
47	47	8
48	48	9
49	49	10
50	50	11
51	51	12
52	52	13
53	53	14
54	54	15
55	55	16
56	56	17
57	57	18
58	58	19
59	59	20
60	60	21
61	61	22
62	62	23
63	63	24
64	64	25
65	65	26
66	66	27
67	67	28 HB477 INTRODUCED
68	68	Page 2
69	69	would be to require a new or increased expenditure of
70	70	local funds from becoming effective with regard to a
71	71	local governmental entity without enactment by a 2/3
72	72	vote unless: it comes within one of a number of
73	73	specified exceptions; it is approved by the affected
74	74	entity; or the Legislature appropriates funds, or
75	75	provides a local source of revenue, to the entity for
76	76	the purpose.
77	77	The purpose or effect of this bill would be to
78	78	require a new or increased expenditure of local funds
79	79	within the meaning of the section. If this bill is not
80	80	enacted by a 2/3 vote, it will not become effective
81	81	with regard to a local entity unless approved by the
82	82	local entity or until, and only as long as, the
83	83	Legislature appropriates funds or provides for a local
84	84	source of revenue.
85	85	A BILL
86	86	TO BE ENTITLED
87	87	AN ACT
88	88	Relating to employees of local boards of education; to
89	89	provide for paid parental leave for certain eligible employees
90	90	of local boards of education; to provide for compensation and
91	91	health care coverage during paid parental leave; to authorize
92	92	employers to recover health care premiums if an employee fails
93	93	29
94	94	30
95	95	31
96	96	32
97	97	33
98	98	34
99	99	35
100	100	36
101	101	37
102	102	38
103	103	39
104	104	40
105	105	41
106	106	42
107	107	43
108	108	44
109	109	45
110	110	46
111	111	47
112	112	48
113	113	49
114	114	50
115	115	51
116	116	52
117	117	53
118	118	54
119	119	55
120	120	56 HB477 INTRODUCED
121	121	Page 3
122	122	employers to recover health care premiums if an employee fails
123	123	to return to work or leaves his or her job in certain
124	124	circumstances; and to require the State Board of Education and
125	125	each local board of education to adopt rules; and in
126	126	connection therewith would have as its purpose or effect the
127	127	requirement of a new or increased expenditure of local funds
128	128	within the meaning of Section 111.05 of the Constitution of
129	129	Alabama of 2022.
130	130	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
131	131	Section 1. (a) For the purposes of this section, the
132	132	term "eligible employee" refers to any certified or
133	133	noncertified employee of a local board of education, provided
134	134	that he or she has been employed by any local board of
135	135	education in this state for at least five years
136	136	(b) Beginning January 1, 2025, an eligible employee
137	137	shall be entitled to 12 workweeks of paid parental leave
138	138	following:
139	139	(1) The birth of child to the employee.
140	140	(2) The placement of a child with the employee for
141	141	purposes of adoption.
142	142	(3) The miscarriage or stillbirth of a child, if the
143	143	miscarriage or stillbirth is confirmed in writing by a health
144	144	care professional.
145	145	(c)(1) An eligible employee who exercises his or her
146	146	right to paid parental leave pursuant to this section shall
147	147	receive compensation at the same level and under the same
148	148	conditions that he or she would have been provided if the
149	149	employee had continued in employment continuously for the
150	150	duration of the leave.
151	151	57
152	152	58
153	153	59
154	154	60
155	155	61
156	156	62
157	157	63
158	158	64
159	159	65
160	160	66
161	161	67
162	162	68
163	163	69
164	164	70
165	165	71
166	166	72
167	167	73
168	168	74
169	169	75
170	170	76
171	171	77
172	172	78
173	173	79
174	174	80
175	175	81
176	176	82
177	177	83
178	178	84 HB477 INTRODUCED
179	179	Page 4
180	180	duration of the leave.
181	181	(2) An eligible employee who takes paid parental leave
182	182	pursuant to this section, on his or her return from that
183	183	leave, shall: (i) be restored to his or her position of
184	184	employment held by the employee when the leave commenced; or
185	185	(ii) be restored to an equivalent position. For the purposes
186	186	of this section, an equivalent position is a position that is
187	187	virtually identical to the employee's original position in
188	188	terms of pay, benefits, and other employment terms and
189	189	conditions.
190	190	(3) The taking of paid parental leave under this
191	191	section shall not: (i) result in the loss of any employment
192	192	benefit accrued prior to the date on which the leave
193	193	commenced, including, but not limited to, sick leave, personal
194	194	leave, or other paid leave; or (ii) otherwise affect an
195	195	employee's right to accrue any employment benefits.
196	196	(d) During any period that an eligible employee takes
197	197	paid parental leave pursuant to this section, his or her
198	198	employer shall maintain any health care coverage for the
199	199	duration of the leave at the level and under the same
200	200	conditions coverage would have been provided if the employee
201	201	had continued in employment continuously for the duration of
202	202	the leave.
203	203	(e)(1) The entitlement to paid parental leave pursuant
204	204	to subsection (b) shall expire at the end of the 12-month
205	205	period beginning on the date of the birth, placement,
206	206	miscarriage, or stillbirth that qualifies the employee for
207	207	paid leave.
208	208	(2) If not used by the end of the 12-month period, any
209	209	85
210	210	86
211	211	87
212	212	88
213	213	89
214	214	90
215	215	91
216	216	92
217	217	93
218	218	94
219	219	95
220	220	96
221	221	97
222	222	98
223	223	99
224	224	100
225	225	101
226	226	102
227	227	103
228	228	104
229	229	105
230	230	106
231	231	107
232	232	108
233	233	109
234	234	110
235	235	111
236	236	112 HB477 INTRODUCED
237	237	Page 5
238	238	(2) If not used by the end of the 12-month period, any
239	239	remaining paid parental leave may not accumulate for
240	240	subsequent use.
241	241	(3) Paid parental leave taken pursuant to subsection
242	242	(b) may not be taken intermittently or on a reduced leave
243	243	schedule unless agreed upon by the eligible employee and his
244	244	or her employer.
245	245	(f) An employer may recover its share of health plan
246	246	premiums during a period of paid parental leave if the
247	247	employee: (i) fails to return to work after the expiration or
248	248	exhaustion of his or her paid parental leave; or (ii) chooses
249	249	to no longer be employed by the local board of education
250	250	within two years of the commencement of his or her paid
251	251	parental leave.
252	252	(g) Paid parental leave taken under this section shall
253	253	run concurrently with leave taken under Section 25-1-61, Code
254	254	of Alabama 1975, and under the Family and Medical Leave Act of
255	255	1993, codified as 29 U.S.C. § 2611, et seq. Eligible employees
256	256	who take paid leave under this section while ineligible for
257	257	leave under the Family and Medical Leave Act of 1993 may take
258	258	leave under the Family and Medical Leave Act of 1993 in the
259	259	same benefit year only to the extent they remain eligible to
260	260	do so under the law.
261	261	(h)(1) The State Board of Education shall adopt rules
262	262	to implement and administer this section.
263	263	(2) Each local board of education shall adopt policies
264	264	to implement and administer this section.
265	265	Section 2.The purpose or effect of this bill would be
266	266	to require a new or increased expenditure of local funds
267	267	113
268	268	114
269	269	115
270	270	116
271	271	117
272	272	118
273	273	119
274	274	120
275	275	121
276	276	122
277	277	123
278	278	124
279	279	125
280	280	126
281	281	127
282	282	128
283	283	129
284	284	130
285	285	131
286	286	132
287	287	133
288	288	134
289	289	135
290	290	136
291	291	137
292	292	138
293	293	139
294	294	140 HB477 INTRODUCED
295	295	Page 6
296	296	to require a new or increased expenditure of local funds
297	297	within the meaning of Section 111.05 of the Constitution of
298	298	Alabama of 2022. If this bill is not enacted by a 2/3 vote, it
299	299	will not become effective with regard to a local entity unless
300	300	approved by the local entity or until, and only as long as,
301	301	the Legislature appropriates funds or provides for a local
302	302	source of revenue.
303	303	Section 3. This act shall become effective on October
304	304	1, 2024.
305	305	141
306	306	142
307	307	143
308	308	144
309	309	145
310	310	146
311	311	147
312	312	148