Alabama 2024 Regular Session

Alabama House Bill HB477 Compare Versions

Only one version of the bill is available at this time.
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11 HB477INTRODUCED
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33 HB477
44 5ZNQMM6-1
55 By Representative Wood (D)
66 RFD: Ways and Means Education
77 First Read: 23-Apr-24
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1212 5 5ZNQMM6-1 04/16/2024 GP (L)lg 2024-1531
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1414 First Read: 23-Apr-24
1515 SYNOPSIS:
1616 Existing law does not provide for paid parental
1717 leave for employees of local boards of education.
1818 This bill would provide certain eligible
1919 employees of local boards of education with 12
2020 workweeks of paid parental leave following the birth of
2121 a child, the placement of a child for adoption,
2222 miscarriage, or stillbirth, to be taken within 12
2323 months of the birth, placement, miscarriage, or
2424 stillbirth.
2525 This bill would require an employer to provide
2626 compensation and health care coverage to eligible
2727 employees who take paid parental leave in the same
2828 manner as if the employee remained at work.
2929 This bill would require an employer to recover
3030 health care premiums if an employee on paid parental
3131 leave fails to return to work or leaves his or her
3232 employer within two years after he or she commenced
3333 parental leave.
3434 This bill would also require the State Board of
3535 Education and each local board of education to adopt
3636 rules.
3737 Section 111.05 of the Constitution of Alabama of
3838 2022, prohibits a general law whose purpose or effect
3939 would be to require a new or increased expenditure of
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6969 would be to require a new or increased expenditure of
7070 local funds from becoming effective with regard to a
7171 local governmental entity without enactment by a 2/3
7272 vote unless: it comes within one of a number of
7373 specified exceptions; it is approved by the affected
7474 entity; or the Legislature appropriates funds, or
7575 provides a local source of revenue, to the entity for
7676 the purpose.
7777 The purpose or effect of this bill would be to
7878 require a new or increased expenditure of local funds
7979 within the meaning of the section. If this bill is not
8080 enacted by a 2/3 vote, it will not become effective
8181 with regard to a local entity unless approved by the
8282 local entity or until, and only as long as, the
8383 Legislature appropriates funds or provides for a local
8484 source of revenue.
8585 A BILL
8686 TO BE ENTITLED
8787 AN ACT
8888 Relating to employees of local boards of education; to
8989 provide for paid parental leave for certain eligible employees
9090 of local boards of education; to provide for compensation and
9191 health care coverage during paid parental leave; to authorize
9292 employers to recover health care premiums if an employee fails
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122122 employers to recover health care premiums if an employee fails
123123 to return to work or leaves his or her job in certain
124124 circumstances; and to require the State Board of Education and
125125 each local board of education to adopt rules; and in
126126 connection therewith would have as its purpose or effect the
127127 requirement of a new or increased expenditure of local funds
128128 within the meaning of Section 111.05 of the Constitution of
129129 Alabama of 2022.
130130 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
131131 Section 1. (a) For the purposes of this section, the
132132 term "eligible employee" refers to any certified or
133133 noncertified employee of a local board of education, provided
134134 that he or she has been employed by any local board of
135135 education in this state for at least five years
136136 (b) Beginning January 1, 2025, an eligible employee
137137 shall be entitled to 12 workweeks of paid parental leave
138138 following:
139139 (1) The birth of child to the employee.
140140 (2) The placement of a child with the employee for
141141 purposes of adoption.
142142 (3) The miscarriage or stillbirth of a child, if the
143143 miscarriage or stillbirth is confirmed in writing by a health
144144 care professional.
145145 (c)(1) An eligible employee who exercises his or her
146146 right to paid parental leave pursuant to this section shall
147147 receive compensation at the same level and under the same
148148 conditions that he or she would have been provided if the
149149 employee had continued in employment continuously for the
150150 duration of the leave.
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180180 duration of the leave.
181181 (2) An eligible employee who takes paid parental leave
182182 pursuant to this section, on his or her return from that
183183 leave, shall: (i) be restored to his or her position of
184184 employment held by the employee when the leave commenced; or
185185 (ii) be restored to an equivalent position. For the purposes
186186 of this section, an equivalent position is a position that is
187187 virtually identical to the employee's original position in
188188 terms of pay, benefits, and other employment terms and
189189 conditions.
190190 (3) The taking of paid parental leave under this
191191 section shall not: (i) result in the loss of any employment
192192 benefit accrued prior to the date on which the leave
193193 commenced, including, but not limited to, sick leave, personal
194194 leave, or other paid leave; or (ii) otherwise affect an
195195 employee's right to accrue any employment benefits.
196196 (d) During any period that an eligible employee takes
197197 paid parental leave pursuant to this section, his or her
198198 employer shall maintain any health care coverage for the
199199 duration of the leave at the level and under the same
200200 conditions coverage would have been provided if the employee
201201 had continued in employment continuously for the duration of
202202 the leave.
203203 (e)(1) The entitlement to paid parental leave pursuant
204204 to subsection (b) shall expire at the end of the 12-month
205205 period beginning on the date of the birth, placement,
206206 miscarriage, or stillbirth that qualifies the employee for
207207 paid leave.
208208 (2) If not used by the end of the 12-month period, any
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238238 (2) If not used by the end of the 12-month period, any
239239 remaining paid parental leave may not accumulate for
240240 subsequent use.
241241 (3) Paid parental leave taken pursuant to subsection
242242 (b) may not be taken intermittently or on a reduced leave
243243 schedule unless agreed upon by the eligible employee and his
244244 or her employer.
245245 (f) An employer may recover its share of health plan
246246 premiums during a period of paid parental leave if the
247247 employee: (i) fails to return to work after the expiration or
248248 exhaustion of his or her paid parental leave; or (ii) chooses
249249 to no longer be employed by the local board of education
250250 within two years of the commencement of his or her paid
251251 parental leave.
252252 (g) Paid parental leave taken under this section shall
253253 run concurrently with leave taken under Section 25-1-61, Code
254254 of Alabama 1975, and under the Family and Medical Leave Act of
255255 1993, codified as 29 U.S.C. ยง 2611, et seq. Eligible employees
256256 who take paid leave under this section while ineligible for
257257 leave under the Family and Medical Leave Act of 1993 may take
258258 leave under the Family and Medical Leave Act of 1993 in the
259259 same benefit year only to the extent they remain eligible to
260260 do so under the law.
261261 (h)(1) The State Board of Education shall adopt rules
262262 to implement and administer this section.
263263 (2) Each local board of education shall adopt policies
264264 to implement and administer this section.
265265 Section 2.The purpose or effect of this bill would be
266266 to require a new or increased expenditure of local funds
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296296 to require a new or increased expenditure of local funds
297297 within the meaning of Section 111.05 of the Constitution of
298298 Alabama of 2022. If this bill is not enacted by a 2/3 vote, it
299299 will not become effective with regard to a local entity unless
300300 approved by the local entity or until, and only as long as,
301301 the Legislature appropriates funds or provides for a local
302302 source of revenue.
303303 Section 3. This act shall become effective on October
304304 1, 2024.
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