AL
Alabama Senate Bill SB305

Alabama 2024 Regular Session

Alabama Senate Bill SB305 Compare Versions

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55 By Senators Figures, Kitchens, Stewart, Beasley, Hatcher,
66 Coleman, Price, Kelley, Singleton, Williams, Gudger, Weaver,
77 Sessions, Reed, Livingston, Smitherman, Chesteen
88 RFD: Finance and Taxation Education
99 First Read: 04-Apr-24
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16-7 SB305 Engrossed
16+7 K326A5U-1 02/21/2024 GP (L)lg 2024-816
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1818 First Read: 04-Apr-24
19-A BILL
20-TO BE ENTITLED
21-AN ACT
22-Relating to state employees and employees of local
23-boards of education; to amend Section 36-26-35.2, Code of
24-Alabama 1975; to add Chapter 26B, commencing with Section
25-36-26B-1, to Title 36 of the Code of Alabama 1975; to provide
26-for paid parental leave for certain state employees and
27-certain employees of local boards of education following the
28-birth of a child or the placement of a child for adoption; to
29-provide standards related to the use of parental leave; and to
30-require the State of Alabama Personnel Department to adopt
31-rules and make an annual report.
32-BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
33-Section 1. This act shall be known and may be cited as
34-the Alabama Family Leave Act.
35-Section 2. Section 36-26-35.2, Code of Alabama 1975,
36-shall be amended to read as follows:
37-"§36-26-35.2
38-(a) Notwithstanding any other laws to the contrary, a
39-state employee employed in any branch of state government may
40-donate his or her accrued and unused annual, sick, or
41-compensatory leave to another state employee who has qualified
19+SYNOPSIS:
20+Existing law does not provide for paid parental
21+leave for employees of local boards of education.
22+This bill would provide certain eligible
23+employees of local boards of education with 12
24+workweeks of paid parental leave following the birth of
25+a child, the placement of a child for adoption,
26+miscarriage, or stillbirth, to be taken within 12
27+months of the birth, placement, miscarriage, or
28+stillbirth.
29+This bill would require an employer to provide
30+compensation and health care coverage to eligible
31+employees who take paid parental leave in the same
32+manner as if the employee remained at work.
33+This bill would require an employer to recover
34+health care premiums if an employee on paid parental
35+leave fails to return to work or leaves his or her
36+employer within two years after he or she commenced
37+parental leave.
38+This bill would also require the State Board of
39+Education and each local board of education to adopt
40+rules.
41+Section 111.05 of the Constitution of Alabama of
42+2022, prohibits a general law whose purpose or effect
43+would be to require a new or increased expenditure of
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71-compensatory leave to another state employee who has qualified
72-for catastrophic sick leave or family leave . The donation
73-shall be subject to the approval of the appointing authority
74-of the employee making the donation and, if the donating
75-employee is in a position with a lower pay grade than the
76-position of the employee receiving the donation, the approval
77-of the State Personnel Board. The appointing authority of the
78-employee receiving the donation may limit the number of hours
79-an employee may receive per catastrophic illness or family
80-leave. No employee may receive more than 480 hours of donated
81-leave throughout his or her career with the state without the
82-approval of the State Personnel Board. A state employee who
83-qualifies for the receipt of donated leave for adoption shall
84-receive up to a maximum of two weeks of donated leave per
85-adoption.
86-(b) For purposes of this section only, "family leave"
87-means maternity or adoption leave pursuant to rules of the
88-State Personnel Board. "
89-Section 3. Chapter 26B, commencing with Section
90-36-26B-1, is added to Title 36 of the Code of Alabama 1975, to
91-read as follows:
92-Chapter 26B
93-§36-26B-1
94-For the purposes of this chapter, the following terms
95-have the following meanings:
96-(1) DEPARTMENT. The State of Alabama Personnel
97-Department.
98-(2) ELIGIBLE EMPLOYEE. Both of the following:
99-a. A full-time employee who has been employed for at
73+would be to require a new or increased expenditure of
74+local funds from becoming effective with regard to a
75+local governmental entity without enactment by a 2/3
76+vote unless: it comes within one of a number of
77+specified exceptions; it is approved by the affected
78+entity; or the Legislature appropriates funds, or
79+provides a local source of revenue, to the entity for
80+the purpose.
81+The purpose or effect of this bill would be to
82+require a new or increased expenditure of local funds
83+within the meaning of the section. If this bill is not
84+enacted by a 2/3 vote, it will not become effective
85+with regard to a local entity unless approved by the
86+local entity or until, and only as long as, the
87+Legislature appropriates funds or provides for a local
88+source of revenue.
89+A BILL
90+TO BE ENTITLED
91+AN ACT
92+Relating to employees of local boards of education; to
93+provide for paid parental leave for certain eligible employees
94+of local boards of education; to provide for compensation and
95+health care coverage during paid parental leave; to authorize
96+employers to recover health care premiums if an employee fails
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129-a. A full-time employee who has been employed for at
130-least 12 consecutive months immediately preceding the
131-occurrence of the qualifying event by a state entity as
132-defined by:
133-1. Section 36-6-1(a)(2) through (a)(5);
134-2. Section 36-26-10(b)(2) and (b)(3);
135-3. Section 36-26-10(b)(8);
136-4. Section 36-26-10(c) or those employees otherwise
137-designated unclassified by law; or
138-5. Section 36-26-10(d).
139-b. Any certified or noncertified employee of a local
140-board of education, provided that he or she has been employed
141-by any local board of education in this state for at least 12
142-consecutive months immediately preceding the occurrence of the
143-qualifying event.
144-(3) PARENTAL LEAVE. Leave provided to an eligible
145-employee for the birth and care of a child born to that
146-employee, or the placement of a child who is three years of
147-age or younger with an eligible employee for adoption.
148-(4) QUALIFYING EVENT. The birth of a child to an
149-eligible employee, or the placement of a child who is three
150-years of age or younger with the employee for adoption.
151-§36-26B-2
152-(a)(1) Eligible employees shall be entitled to up to
153-eight weeks of paid parental leave in both of the following
154-circumstances:
155-a. For female employees, following the birth of her
156-child.
157-b. Except as provided in subsection (b), the placement
126+employers to recover health care premiums if an employee fails
127+to return to work or leaves his or her job in certain
128+circumstances; and to require the State Board of Education and
129+each local board of education to adopt rules; and in
130+connection therewith would have as its purpose or effect the
131+requirement of a new or increased expenditure of local funds
132+within the meaning of Section 111.05 of the Constitution of
133+Alabama of 2022.
134+BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
135+Section 1. (a) For the purposes of this section, the
136+term "eligible employee" refers to any certified or
137+noncertified employee of a local board of education, provided
138+that he or she has been employed by any local board of
139+education in this state for at least five years
140+(b) Beginning January 1, 2025, an eligible employee
141+shall be entitled to 12 workweeks of paid parental leave
142+following:
143+(1) The birth of child to the employee.
144+(2) The placement of a child with the employee for
145+purposes of adoption.
146+(3) The miscarriage or stillbirth of a child, if the
147+miscarriage or stillbirth is confirmed in writing by a health
148+care professional.
149+(c)(1) An eligible employee who exercises his or her
150+right to paid parental leave pursuant to this section shall
151+receive compensation at the same level and under the same
152+conditions that he or she would have been provided if the
153+employee had continued in employment continuously for the
154+duration of the leave.
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187-b. Except as provided in subsection (b), the placement
188-of a child with the employee for adoption, provided the child
189-is three years of age or younger at the time that he or she is
190-placed with the employee.
191-c. The stillbirth of a child, if the stillbirth is
192-confirmed in writing by a health care professional.
193-(2) An eligible employee may use parental leave that he
194-or she is entitled to under subdivision (1) intermittently or
195-on a reduced leave schedule, provided that the parental leave
196-is used within 365 days of the qualifying event.
197-(3) An eligible employee may not use more than eight
198-weeks of paid parental leave during a 365-day period, even if
199-more than one qualifying event occurs.
200-(b) In the event that parents who jointly adopt a child
201-pursuant to subsection (a) are both eligible employees, only
202-one parent is eligible for paid parental leave.
203-(c) Upon the expiration of an eligible employee's
204-parental leave, the eligible employee shall be: (i) restored
205-to the position that he or she held at the time of the
206-qualifying event; or (ii) restored to an equivalent position
207-with equivalent seniority, status, employment benefits, pay,
208-and other terms and conditions of employment, including any
209-fringe benefits and service credits, that the eligible
210-employee received or was entitled to prior to the commencement
211-of his or her parental leave.
212-(d) Paid parental leave taken under this section shall
213-run concurrently with leave taken under Section 25-1-61 and
214-under the Family and Medical Leave Act of 1993, codified as 29
215-U.S.C. § 2611, et seq.
184+duration of the leave.
185+(2) An eligible employee who takes paid parental leave
186+pursuant to this section, on his or her return from that
187+leave, shall: (i) be restored to his or her position of
188+employment held by the employee when the leave commenced; or
189+(ii) be restored to an equivalent position. For the purposes
190+of this section, an equivalent position is a position that is
191+virtually identical to the employee's original position in
192+terms of pay, benefits, and other employment terms and
193+conditions.
194+(3) The taking of paid parental leave under this
195+section shall not: (i) result in the loss of any employment
196+benefit accrued prior to the date on which the leave
197+commenced, including, but not limited to, sick leave, personal
198+leave, or other paid leave; or (ii) otherwise affect an
199+employee's right to accrue any employment benefits.
200+(d) During any period that an eligible employee takes
201+paid parental leave pursuant to this section, his or her
202+employer shall maintain any health care coverage for the
203+duration of the leave at the level and under the same
204+conditions coverage would have been provided if the employee
205+had continued in employment continuously for the duration of
206+the leave.
207+(e)(1) The entitlement to paid parental leave pursuant
208+to subsection (b) shall expire at the end of the 12-month
209+period beginning on the date of the birth, placement,
210+miscarriage, or stillbirth that qualifies the employee for
211+paid leave.
212+(2) If not used by the end of the 12-month period, any
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245-U.S.C. § 2611, et seq.
246-§36-26B-3
247-(a) Paid parental leave authorized by this chapter:
248-(1) Shall be paid at 100 percent of the eligible
249-employee's base pay;
250-(2) Shall remain at 100 percent of the pay provided in
251-subdivision (1) for the duration of the leave as if the
252-employee worked continuously from the date that eligible
253-employee commenced his or her parental leave until the date
254-the eligible employee returns from parental leave;
255-(3) Shall not require an eligible employee to use or
256-exhaust sick leave, annual leave, or any other leave or paid
257-time off; and
258-(4) Has no cash value.
259-(b) Any unused parental leave may not be used to
260-calculate an employee's retirement benefits.
261-(c) Eligible employees shall not be compensated for
262-paid parental leave when they are separated from state service
263-or upon retirement or death.
264-(d) Unused paid parental leave shall not roll over, be
265-reserved for use during a subsequent qualifying event, or be
266-paid to the employee.
267-§36-26B-4
268-(a) During an eligible employee's parental leave
269-pursuant to this chapter, the state agency, state entity, or
270-local board of education employing the eligible employee shall
271-continue to pay the employer's contribution to maintain any
272-health care benefits the employee had at the time of the
273-qualifying event for the duration of the leave as if the
242+(2) If not used by the end of the 12-month period, any
243+remaining paid parental leave may not accumulate for
244+subsequent use.
245+(3) Paid parental leave taken pursuant to subsection
246+(b) may not be taken intermittently or on a reduced leave
247+schedule unless agreed upon by the eligible employee and his
248+or her employer.
249+(f) An employer may recover its share of health plan
250+premiums during a period of paid parental leave if the
251+employee: (i) fails to return to work after the expiration or
252+exhaustion of his or her paid parental leave; or (ii) chooses
253+to no longer be employed by the local board of education
254+within two years of the commencement of his or her paid
255+parental leave.
256+(g) Paid parental leave taken under this section shall
257+run concurrently with leave taken under Section 25-1-61, Code
258+of Alabama 1975, and under the Family and Medical Leave Act of
259+1993, codified as 29 U.S.C. § 2611, et seq. Eligible employees
260+who take paid leave under this section while ineligible for
261+leave under the Family and Medical Leave Act of 1993 may take
262+leave under the Family and Medical Leave Act of 1993 in the
263+same benefit year only to the extent they remain eligible to
264+do so under the law.
265+(h)(1) The State Board of Education shall adopt rules
266+to implement and administer this section.
267+(2) Each local board of education shall adopt policies
268+to implement and administer this section.
269+Section 2.The purpose or effect of this bill would be
270+to require a new or increased expenditure of local funds
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303-qualifying event for the duration of the leave as if the
304-eligible employee had continued in employment continuously
305-from the date the eligible employee commenced the parental
306-leave until the date the eligible employee returns from the
307-leave.
308-(b) The eligible employee must continue to pay his or
309-her share of the cost of health care benefits as was required
310-of him or her prior to the commencement of parental leave.
311-§36-26B-5
312-(a)(1) The State of Alabama Personnel Department shall
313-adopt rules to implement and administer this chapter. Each
314-state agency affected by this chapter and each local board of
315-education shall adopt policies to implement the requirements
316-of this chapter.
317-(2) The department and each local board of education
318-shall establish reasonable procedures, including the creation
319-of forms, for an eligible employee exercising his or her right
320-to parental leave under this chapter. Forms and procedures
321-shall not be unduly burdensome to the eligible employee.
322-(b) The department shall provide written notice to each
323-state employee and each local board of education shall provide
324-written notice to each certified or noncertified employee upon
325-his or her hiring and annually thereafter, of: (i) the
326-eligible employee's right to parental leave pursuant to this
327-chapter; (ii) the number of weeks of parental leave available
328-to the eligible employee; and (iii) the procedure for taking
329-parental leave.
330-§36-26B-6
331-No later than October 1, 2025, and every October 1
300+to require a new or increased expenditure of local funds
301+within the meaning of Section 111.05 of the Constitution of
302+Alabama of 2022. If this bill is not enacted by a 2/3 vote, it
303+will not become effective with regard to a local entity unless
304+approved by the local entity or until, and only as long as,
305+the Legislature appropriates funds or provides for a local
306+source of revenue.
307+Section 3. This act shall become effective on October
308+1, 2024.
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361-No later than October 1, 2025, and every October 1
362-thereafter, the State of Alabama Personnel Department shall
363-submit to the Legislature and make publicly available
364-information regarding the implementation and use of parental
365-leave by eligible employees for the previous fiscal year.
366-Section 4. This act shall become effective immediately.
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373-Section 4. This act shall become effective immediately.
374-Senate
375-Read for the first time and referred
376-to the Senate committee on Finance
377-and Taxation Education
378-................04-Apr-24
379-Read for the second time and placed
380-on the calendar:
381- 0 amendments
382-................25-Apr-24
383-Read for the third time and passed
384-as amended
385-Yeas 26
386-Nays 2
387-Abstains 0
388-................02-May-24
389-Patrick Harris,
390-Secretary.
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