SB305ENGROSSED
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SB305
RKLAMYY-2
By Senators Figures, Kitchens, Stewart, Beasley, Hatcher,
Coleman, Price, Kelley, Singleton, Williams, Gudger, Weaver,
Sessions, Reed, Livingston, Smitherman, Chesteen
RFD: Finance and Taxation Education
First Read: 04-Apr-24
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First Read: 04-Apr-24
A BILL
TO BE ENTITLED
AN ACT
Relating to state employees and employees of local
boards of education; to amend Section 36-26-35.2, Code of
Alabama 1975; to add Chapter 26B, commencing with Section
36-26B-1, to Title 36 of the Code of Alabama 1975; to provide
for paid parental leave for certain state employees and
certain employees of local boards of education following the
birth of a child or the placement of a child for adoption; to
provide standards related to the use of parental leave; and to
require the State of Alabama Personnel Department to adopt
rules and make an annual report.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
the Alabama Family Leave Act.
Section 2. Section 36-26-35.2, Code of Alabama 1975,
shall be amended to read as follows:
"§36-26-35.2
(a) Notwithstanding any other laws to the contrary, a
state employee employed in any branch of state government may
donate his or her accrued and unused annual, sick, or
compensatory leave to another state employee who has qualified
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compensatory leave to another state employee who has qualified
for catastrophic sick leave or family leave . The donation
shall be subject to the approval of the appointing authority
of the employee making the donation and, if the donating
employee is in a position with a lower pay grade than the
position of the employee receiving the donation, the approval
of the State Personnel Board. The appointing authority of the
employee receiving the donation may limit the number of hours
an employee may receive per catastrophic illness or family
leave. No employee may receive more than 480 hours of donated
leave throughout his or her career with the state without the
approval of the State Personnel Board. A state employee who
qualifies for the receipt of donated leave for adoption shall
receive up to a maximum of two weeks of donated leave per
adoption.
(b) For purposes of this section only, "family leave"
means maternity or adoption leave pursuant to rules of the
State Personnel Board. "
Section 3. Chapter 26B, commencing with Section
36-26B-1, is added to Title 36 of the Code of Alabama 1975, to
read as follows:
Chapter 26B
§36-26B-1
For the purposes of this chapter, the following terms
have the following meanings:
(1) DEPARTMENT. The State of Alabama Personnel
Department.
(2) ELIGIBLE EMPLOYEE. Both of the following:
a. A full-time employee who has been employed for at
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a. A full-time employee who has been employed for at
least 12 consecutive months immediately preceding the
occurrence of the qualifying event by a state entity as
defined by:
1. Section 36-6-1(a)(2) through (a)(5);
2. Section 36-26-10(b)(2) and (b)(3);
3. Section 36-26-10(b)(8);
4. Section 36-26-10(c) or those employees otherwise
designated unclassified by law; or
5. Section 36-26-10(d).
b. 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 12
consecutive months immediately preceding the occurrence of the
qualifying event.
(3) PARENTAL LEAVE. Leave provided to an eligible
employee for the birth and care of a child born to that
employee, or the placement of a child who is three years of
age or younger with an eligible employee for adoption.
(4) QUALIFYING EVENT. The birth of a child to an
eligible employee, or the placement of a child who is three
years of age or younger with the employee for adoption.
§36-26B-2
(a)(1) Eligible employees shall be entitled to up to
eight weeks of paid parental leave in both of the following
circumstances:
a. For female employees, following the birth of her
child.
b. Except as provided in subsection (b), the placement
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b. Except as provided in subsection (b), the placement
of a child with the employee for adoption, provided the child
is three years of age or younger at the time that he or she is
placed with the employee.
c. The stillbirth of a child, if the stillbirth is
confirmed in writing by a health care professional.
(2) An eligible employee may use parental leave that he
or she is entitled to under subdivision (1) intermittently or
on a reduced leave schedule, provided that the parental leave
is used within 365 days of the qualifying event.
(3) An eligible employee may not use more than eight
weeks of paid parental leave during a 365-day period, even if
more than one qualifying event occurs.
(b) In the event that parents who jointly adopt a child
pursuant to subsection (a) are both eligible employees, only
one parent is eligible for paid parental leave.
(c) Upon the expiration of an eligible employee's
parental leave, the eligible employee shall be: (i) restored
to the position that he or she held at the time of the
qualifying event; or (ii) restored to an equivalent position
with equivalent seniority, status, employment benefits, pay,
and other terms and conditions of employment, including any
fringe benefits and service credits, that the eligible
employee received or was entitled to prior to the commencement
of his or her parental leave.
(d) Paid parental leave taken under this section shall
run concurrently with leave taken under Section 25-1-61 and
under the Family and Medical Leave Act of 1993, codified as 29
U.S.C. § 2611, et seq.
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U.S.C. § 2611, et seq.
§36-26B-3
(a) Paid parental leave authorized by this chapter:
(1) Shall be paid at 100 percent of the eligible
employee's base pay;
(2) Shall remain at 100 percent of the pay provided in
subdivision (1) for the duration of the leave as if the
employee worked continuously from the date that eligible
employee commenced his or her parental leave until the date
the eligible employee returns from parental leave;
(3) Shall not require an eligible employee to use or
exhaust sick leave, annual leave, or any other leave or paid
time off; and
(4) Has no cash value.
(b) Any unused parental leave may not be used to
calculate an employee's retirement benefits.
(c) Eligible employees shall not be compensated for
paid parental leave when they are separated from state service
or upon retirement or death.
(d) Unused paid parental leave shall not roll over, be
reserved for use during a subsequent qualifying event, or be
paid to the employee.
§36-26B-4
(a) During an eligible employee's parental leave
pursuant to this chapter, the state agency, state entity, or
local board of education employing the eligible employee shall
continue to pay the employer's contribution to maintain any
health care benefits the employee had at the time of the
qualifying event for the duration of the leave as if the
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qualifying event for the duration of the leave as if the
eligible employee had continued in employment continuously
from the date the eligible employee commenced the parental
leave until the date the eligible employee returns from the
leave.
(b) The eligible employee must continue to pay his or
her share of the cost of health care benefits as was required
of him or her prior to the commencement of parental leave.
§36-26B-5
(a)(1) The State of Alabama Personnel Department shall
adopt rules to implement and administer this chapter. Each
state agency affected by this chapter and each local board of
education shall adopt policies to implement the requirements
of this chapter.
(2) The department and each local board of education
shall establish reasonable procedures, including the creation
of forms, for an eligible employee exercising his or her right
to parental leave under this chapter. Forms and procedures
shall not be unduly burdensome to the eligible employee.
(b) The department shall provide written notice to each
state employee and each local board of education shall provide
written notice to each certified or noncertified employee upon
his or her hiring and annually thereafter, of: (i) the
eligible employee's right to parental leave pursuant to this
chapter; (ii) the number of weeks of parental leave available
to the eligible employee; and (iii) the procedure for taking
parental leave.
§36-26B-6
No later than October 1, 2025, and every October 1
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No later than October 1, 2025, and every October 1
thereafter, the State of Alabama Personnel Department shall
submit to the Legislature and make publicly available
information regarding the implementation and use of parental
leave by eligible employees for the previous fiscal year.
Section 4. This act shall become effective immediately.
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Section 4. This act shall become effective immediately.
Senate
Read for the first time and referred
to the Senate committee on Finance
and Taxation Education
................04-Apr-24
Read for the second time and placed
on the calendar:
0 amendments
................25-Apr-24
Read for the third time and passed
as amended
Yeas 26
Nays 2
Abstains 0
................02-May-24
Patrick Harris,
Secretary.
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