HB477INTRODUCED Page 0 HB477 5ZNQMM6-1 By Representative Wood (D) RFD: Ways and Means Education First Read: 23-Apr-24 1 2 3 4 5 5ZNQMM6-1 04/16/2024 GP (L)lg 2024-1531 Page 1 First Read: 23-Apr-24 SYNOPSIS: Existing law does not provide for paid parental leave for employees of local boards of education. This bill would provide certain eligible employees of local boards of education with 12 workweeks of paid parental leave following the birth of a child, the placement of a child for adoption, miscarriage, or stillbirth, to be taken within 12 months of the birth, placement, miscarriage, or stillbirth. This bill would require an employer to provide compensation and health care coverage to eligible employees who take paid parental leave in the same manner as if the employee remained at work. This bill would require an employer to recover health care premiums if an employee on paid parental leave fails to return to work or leaves his or her employer within two years after he or she commenced parental leave. This bill would also require the State Board of Education and each local board of education to adopt rules. Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HB477 INTRODUCED Page 2 would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose. The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the section. If this bill is not enacted by a 2/3 vote, it will not become effective with regard to a local entity unless approved by the local entity or until, and only as long as, the Legislature appropriates funds or provides for a local source of revenue. A BILL TO BE ENTITLED AN ACT Relating to employees of local boards of education; to provide for paid parental leave for certain eligible employees of local boards of education; to provide for compensation and health care coverage during paid parental leave; to authorize employers to recover health care premiums if an employee fails 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 HB477 INTRODUCED Page 3 employers to recover health care premiums if an employee fails to return to work or leaves his or her job in certain circumstances; and to require the State Board of Education and each local board of education to adopt rules; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022. BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: Section 1. (a) For the purposes of this section, the term "eligible employee" refers to any certified or noncertified employee of a local board of education, provided that he or she has been employed by any local board of education in this state for at least five years (b) Beginning January 1, 2025, an eligible employee shall be entitled to 12 workweeks of paid parental leave following: (1) The birth of child to the employee. (2) The placement of a child with the employee for purposes of adoption. (3) The miscarriage or stillbirth of a child, if the miscarriage or stillbirth is confirmed in writing by a health care professional. (c)(1) An eligible employee who exercises his or her right to paid parental leave pursuant to this section shall receive compensation at the same level and under the same conditions that he or she would have been provided if the employee had continued in employment continuously for the duration of the leave. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 HB477 INTRODUCED Page 4 duration of the leave. (2) An eligible employee who takes paid parental leave pursuant to this section, on his or her return from that leave, shall: (i) be restored to his or her position of employment held by the employee when the leave commenced; or (ii) be restored to an equivalent position. For the purposes of this section, an equivalent position is a position that is virtually identical to the employee's original position in terms of pay, benefits, and other employment terms and conditions. (3) The taking of paid parental leave under this section shall not: (i) result in the loss of any employment benefit accrued prior to the date on which the leave commenced, including, but not limited to, sick leave, personal leave, or other paid leave; or (ii) otherwise affect an employee's right to accrue any employment benefits. (d) During any period that an eligible employee takes paid parental leave pursuant to this section, his or her employer shall maintain any health care coverage for the duration of the leave at the level and under the same conditions coverage would have been provided if the employee had continued in employment continuously for the duration of the leave. (e)(1) The entitlement to paid parental leave pursuant to subsection (b) shall expire at the end of the 12-month period beginning on the date of the birth, placement, miscarriage, or stillbirth that qualifies the employee for paid leave. (2) If not used by the end of the 12-month period, any 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 HB477 INTRODUCED Page 5 (2) If not used by the end of the 12-month period, any remaining paid parental leave may not accumulate for subsequent use. (3) Paid parental leave taken pursuant to subsection (b) may not be taken intermittently or on a reduced leave schedule unless agreed upon by the eligible employee and his or her employer. (f) An employer may recover its share of health plan premiums during a period of paid parental leave if the employee: (i) fails to return to work after the expiration or exhaustion of his or her paid parental leave; or (ii) chooses to no longer be employed by the local board of education within two years of the commencement of his or her paid parental leave. (g) Paid parental leave taken under this section shall run concurrently with leave taken under Section 25-1-61, Code of Alabama 1975, and under the Family and Medical Leave Act of 1993, codified as 29 U.S.C. ยง 2611, et seq. Eligible employees who take paid leave under this section while ineligible for leave under the Family and Medical Leave Act of 1993 may take leave under the Family and Medical Leave Act of 1993 in the same benefit year only to the extent they remain eligible to do so under the law. (h)(1) The State Board of Education shall adopt rules to implement and administer this section. (2) Each local board of education shall adopt policies to implement and administer this section. Section 2.The purpose or effect of this bill would be to require a new or increased expenditure of local funds 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 HB477 INTRODUCED Page 6 to require a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022. If this bill is not enacted by a 2/3 vote, it will not become effective with regard to a local entity unless approved by the local entity or until, and only as long as, the Legislature appropriates funds or provides for a local source of revenue. Section 3. This act shall become effective on October 1, 2024. 141 142 143 144 145 146 147 148