Alabama 2025 Regular Session

Alabama House Bill HB327 Compare Versions

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

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1	1	HB327INTRODUCED
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3	3	HB327
4	4	RBGJ1NN-1
5	5	By Representatives Shaver, Wood (D), Moore (P)
6	6	RFD: Ways and Means Education
7	7	First Read: 25-Feb-25
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12	12	5 RBGJ1NN-1 02/25/2025 EBO-DHC EBO AI EBO-2025-55
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14	14	First Read: 25-Feb-25
15	15	SYNOPSIS:
16	16	This bill would enact the Alabama K-12 Public School
17	17	and State Employee Paid Parental Leave Act of 2025.
18	18	Existing law does not provide for paid parental
19	19	leave for state employees or employees of local education
20	20	agencies. Subject to limitations and requirements, this
21	21	bill would provide eligible state employees and eligible
22	22	local education agency employees paid parental leave in
23	23	connection with the birth, stillbirth, or miscarriage of
24	24	a child or the adoption of a child who is three years of
25	25	age or younger. A female eligible employee would be
26	26	entitled to eight weeks of parental leave in connection
27	27	with the birth, stillbirth, or miscarriage of her child.
28	28	A male eligible employee would be entitled to two weeks
29	29	of parental leave in connection with the birth,
30	30	stillbirth, or miscarriage of his child. Subject to
31	31	limitations, an eligible employee of either sex would be
32	32	entitled to eight weeks of parental leave in connection
33	33	with the adoption of a child three years of age or
34	34	younger.
35	35	This bill would require the State of Alabama
36	36	Personnel Department and State Board of Education to
37	37	adopt rules for the implementation and administration of
38	38	parental leave. This bill would also require the State
39	39	Personnel Department and State Department of Education to
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69	69	Personnel Department and State Department of Education to
70	70	annually report certain data relating to parental leave
71	71	to the Governor and Legislature.
72	72	A BILL
73	73	TO BE ENTITLED
74	74	AN ACT
75	75	Relating to state employees and employees of local
76	76	education agencies; to add Chapter 6A, commencing with Section
77	77	36-6A-1, to Title 36 of the Code of Alabama 1975; to provide
78	78	for paid parental leave for eligible employees following the
79	79	birth, stillbirth, or miscarriage of a child or the placement
80	80	of a child for adoption; to provide limitations and
81	81	requirements related to the use of parental leave; to require
82	82	the State of Alabama Personnel Department and State Board of
83	83	Education to adopt rules governing the implementation and
84	84	administration of parental leave; to require the State of
85	85	Alabama Personnel Department and State Department of Education
86	86	to make an annual report; to amend Section 36-26-35.2, Code of
87	87	Alabama 1975.
88	88	BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
89	89	Section 1. This act shall be known and may be cited as
90	90	the Alabama K-12 Public School and State Employee Paid
91	91	Parental Leave Act of 2025.
92	92	Section 2. Chapter 6A, commencing with Section 36-6A-1,
93	93	is added to Title 36 of the Code of Alabama 1975, to read as
94	94	follows:
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124	124	follows:
125	125	“§36-6A-1
126	126	For the purposes of this chapter, the following terms
127	127	have the following meanings unless otherwise indicated by
128	128	context:
129	129	(1) APPLICABLE EMPLOYING AGENCY. The state entity or
130	130	local education agency that employs an eligible employee.
131	131	(2) BASE PAY. The eligible employee’s current, ordinary
132	132	rate of pay as reasonably determined by the applicable
133	133	employing agency.
134	134	(3) ELIGIBLE EMPLOYEE. Either of the following:
135	135	a. A state employee who has been employed in any of the
136	136	following categories for at least 12 consecutive months
137	137	immediately preceding the occurrence of a qualifying event:
138	138	1. Legislative personnel, officers, and employees,
139	139	including personnel, officers, and employees of the
140	140	Legislative Services Agency, as set forth in Section
141	141	36-6-1(a)(2).
142	142	2. Court officials and employees of the Unified Judicial
143	143	System as set forth in Section 36-6-1(a)(3).
144	144	3. Employees of the Administrative Office of Courts as
145	145	set forth in Section 36-6-1(a)(4).
146	146	4. Hourly personnel considered to be permanent employees
147	147	as set forth in Section 36-6-1(a)(5).
148	148	5. Members of the unclassified service as set forth in
149	149	Section 36-26-10(c) or any employees otherwise designated
150	150	unclassified by law.
151	151	6. Members of the classified service as set forth in
152	152	Section 36-26-10(d).
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182	182	Section 36-26-10(d).
183	183	7. Members of the exempt service as set forth in Section
184	184	36-26-10(b)(3),(b)(8), (b)(10), and (b)(11), and any member of
185	185	the exempt service who accrues leave pursuant to an
186	186	authorizing statute.
187	187	b. A certified or noncertified employee of a local
188	188	education agency who has been employed by any local education
189	189	agency in this state for at least 12 consecutive months
190	190	immediately preceding the occurrence of a qualifying event.
191	191	(4) HEALTHCARE PROFESSIONAL. A physician, physician
192	192	assistant, nurse practitioner, or midwife who is licensed to
193	193	practice in his or her respective field in the State of
194	194	Alabama.
195	195	(5) MISCARRIAGE. The loss of an unborn child at or after
196	196	twelve weeks gestation and is confirmed in writing by a
197	197	healthcare professional. The term does not include an abortion
198	198	as defined in Section 26-23H-3 unless necessary to prevent a
199	199	serious health risk to the unborn child’s mother as permitted
200	200	under Section 26-23H-4.
201	201	(6) PARENTAL LEAVE. Paid leave provided to an eligible
202	202	employee in connection with a qualifying event pursuant to
203	203	this chapter.
204	204	(7) QUALIFYING EVENT. Any of the events that entitle an
205	205	eligible employee to parental leave pursuant to Section
206	206	36-6A-2.
207	207	(8) STILLBIRTH. The loss of an unborn child at or after
208	208	20 weeks gestation that is confirmed in writing by a
209	209	healthcare professional. The term does not include an abortion
210	210	as defined in Section 26-23H-3 unless necessary to prevent a
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240	240	as defined in Section 26-23H-3 unless necessary to prevent a
241	241	serious health risk to the unborn child’s mother as permitted
242	242	under Section 26-23H-4."
243	243	“§36-6A-2
244	244	(a)(1) An eligible employee who is female shall be
245	245	entitled to eight weeks of parental leave in connection with
246	246	the birth, stillbirth, or miscarriage of her child which
247	247	occurs on or after July 1, 2025.
248	248	(2) An eligible employee who is male shall be entitled to
249	249	two weeks of parental leave in connection with the birth,
250	250	stillbirth, or miscarriage of his child which occurs on or
251	251	after July 1, 2025.
252	252	(3) An eligible employee shall be entitled to eight weeks
253	253	of parental leave in connection with the placement of a child
254	254	with the eligible employee for adoption which occurs on or
255	255	after July 1, 2025, provided the child is three years of age
256	256	or younger at the time that he or she is placed with the
257	257	eligible employee. In the event that parents who jointly adopt
258	258	a child are both eligible employees, one parent shall be
259	259	entitled to eight weeks of parental leave in connection with
260	260	the adoption and one parent shall be entitled to two weeks of
261	261	parental leave in connection with the adoption. The State of
262	262	Alabama Personnel Department and State Board of Education
263	263	shall jointly adopt rules to implement this subdivision.
264	264	(b) An eligible employee may not take parental leave
265	265	under this section unless he or she has completed the
266	266	requirements of subdivision (b)(1) and paragraph(b)(2)a. prior
267	267	to taking parental leave.
268	268	(1) The eligible employee shall provide the applicable
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298	298	(1) The eligible employee shall provide the applicable
299	299	employing agency a written plan regarding his or her intended
300	300	use of the parental leave and any other leave he or she
301	301	intends to take in connection with the qualifying event.
302	302	(2)a. The eligible employee shall agree in writing with
303	303	the applicable employing agency not to separate from
304	304	employment for a period of at least eight weeks following the
305	305	conclusion of any leave taken in connection with the
306	306	qualifying event.
307	307	b. The requirement of paragraph a. may be waived by the
308	308	applicable employing agency in circumstances where the
309	309	eligible employee is unable to return to work such as a
310	310	serious health condition of the employee or of an immediate
311	311	family member.
312	312	c. If the eligible employee fails to comply with the
313	313	return-to-work agreement required by this subdivision, the
314	314	applicable employing agency may recover from the eligible
315	315	employee, by offset or otherwise, an amount equal to the
316	316	eligible employee’s hourly rate of pay multiplied by the
317	317	number of hours the eligible employee failed to work in
318	318	compliance with the return-to-work agreement.
319	319	(3) In the event of an emergency that prevents an
320	320	eligible employee from completing the requirements of
321	321	subdivision (b)(1) and paragraph(b)(2)a. prior to taking
322	322	parental leave, the eligible employee shall complete these
323	323	requirements as soon as practicable after the emergency has
324	324	ended.
325	325	(c) An eligible employee may use any parental leaveto
326	326	which he or she is entitled under this chapter intermittently
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356	356	which he or she is entitled under this chapter intermittently
357	357	or on a reduced leave schedule, subject to the following
358	358	limitations:
359	359	(1) The parental leave shall be used within 365 days of
360	360	the qualifying event or within 365 days of the eligible
361	361	employee taking parental leave for a qualifying event,
362	362	whichever occurs sooner. An eligible employee may only use
363	363	parental leave in connection with one qualifying event during
364	364	a 365-day period, even if more than one qualifying event
365	365	occurs.
366	366	(2) The eligible employee shall maintain a continuing
367	367	parental role with any child whose birth or adoption was a
368	368	qualifying event.
369	369	(3) Parental leave taken intermittently or on a reduced
370	370	leave schedule for bonding purposes shall be agreed to by the
371	371	applicable employing agency prior to the start of the leave.
372	372	(d) Parental leave taken under this section shall run
373	373	concurrently with leave taken under Section 25-1-61 and under
374	374	the Family and Medical Leave Act of 1993, codified as 29
375	375	U.S.C. §2611, et seq.
376	376	(e) Upon the expiration of an eligible employee's
377	377	parental leave, the eligible employee shall be restored to the
378	378	position that he or she held at the time of the qualifying
379	379	event or to an equivalent position with equivalent seniority,
380	380	status, employment benefits, pay, and other terms and
381	381	conditions of employment, including any fringe benefits and
382	382	service credits, that the eligible employee received or was
383	383	entitled to prior to the commencement of his or her parental
384	384	leave. A local education agency employee, as provided in
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414	414	leave. A local education agency employee, as provided in
415	415	Section 36-6A-1(3)b., shall be restored to the grade taught
416	416	prior to taking parental leave unless otherwise agreed to by
417	417	the employee. Nothing in this chapter shall be construed to
418	418	prevent an eligible employee from receiving any cost-of-living
419	419	salary increase provided generally to eligible employees or
420	420	any merit increase to which the eligible employee would have
421	421	been entitled had he or she not taken parental leave."
422	422	“§36-6A-3
423	423	(a) Parental leave authorized by this chapter shall be
424	424	administered as follows:
425	425	(1) Parental leave shall be paid at 100 percent of the
426	426	eligible employee's base pay.
427	427	(2) Parental leave shall remain at 100 percent of the pay
428	428	provided in subdivision (1) for the duration of the leave as
429	429	if the eligible employee worked continuously from the date
430	430	that the eligible employee commenced his or her parental
431	431	leave until the date the eligible employee returns from
432	432	parental leave.
433	433	(3) Parental leave shall not require an eligible employee
434	434	to use or exhaust sick leave, annual leave, or any other leave
435	435	or paid time off.
436	436	(4) Parental leave has no cash value.
437	437	(b) Any unused parental leave may not be used to
438	438	calculate an eligible employee's retirement benefits.
439	439	(c) Unused parental leave shall not roll over, be
440	440	reserved for use during a subsequent qualifying event, or be
441	441	paid to the eligible employee."
442	442	“§36-6A-4
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472	472	“§36-6A-4
473	473	(a) During an eligible employee's parental leave, the
474	474	applicable employing agency shall continue to pay the
475	475	employer's contribution to maintain any health care benefits
476	476	the employee had at the time of the qualifying event for the
477	477	duration of the leave as if the eligible employee had
478	478	continued in employment continuously from the date the
479	479	eligible employee commenced the parental leave until the date
480	480	the eligible employee returns from the leave.
481	481	(b) The eligible employee shall continue to pay his or
482	482	her share of the cost of health care benefits, if any, as was
483	483	required of him and her prior to the commencement of parental
484	484	leave."
485	485	“§36-6A-5
486	486	(a)(1) The State Personnel Department shall adopt rules
487	487	to implement and administer this chapter as to state employees
488	488	who may be an eligible employee as defined in Section
489	489	36-6A-1(3)a.
490	490	(2) The State Board of Education shall adopt rules to
491	491	implement and administer this chapter as to local education
492	492	agency employees who may be an eligible employee as defined in
493	493	Section 36-6A-1(3)b. Rules adopted pursuant to this
494	494	subdivision shall apply to an eligible employee of a public
495	495	charter school notwithstanding Section 16-6F-9(a)(3).
496	496	(b) The rules adopted pursuant to subsection (a) shall
497	497	set reasonable procedures necessary to implement this chapter,
498	498	including any necessary forms, for an eligible employee
499	499	exercising his or her right to parental leave under this
500	500	chapter. Forms and procedures shall not be unduly burdensome
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530	530	chapter. Forms and procedures shall not be unduly burdensome
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532	532	(c) The rules adopted pursuant to subsection (a) shall
533	533	provide for each state employee or local education agency
534	534	employee to receive written notice upon his or her hiring of
535	535	the following:
536	536	(1) An eligible employee's right to parental leave
537	537	pursuant to this chapter.
538	538	(2) The number of weeks of parental leave available to an
539	539	eligible employee.
540	540	(3) The procedure for taking parental leave."
541	541	“§36-6A-6
542	542	No later than October 1, 2026, and every October 1
543	543	thereafter until October 1, 2030, the State Personnel
544	544	Department and the State Department of Education shall submit
545	545	to the Governor and the Legislature and make publicly
546	546	available information regarding the implementation and use of
547	547	parental leave by eligible employees for the previous fiscal
548	548	year."
549	549	Section 3. Section 36-26-35.2, Code of Alabama 1975,
550	550	shall be amended to read as follows:
551	551	"§36-26-35.2
552	552	(a) Notwithstanding any other laws to the contrary, a
553	553	state employee employed in any branch of state government may
554	554	donate his or her accrued and unused annual, sick, or
555	555	compensatory leave to another state employee who has qualified
556	556	for catastrophic sick leave or family leave . The donation
557	557	shall be subject to the approval of the appointing authority
558	558	of the employee making the donation and, if the donating
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588	588	of the employee making the donation and, if the donating
589	589	employee is in a position with a lower pay grade than the
590	590	position of the employee receiving the donation, the approval
591	591	of the State Personnel Board. The appointing authority of the
592	592	employee receiving the donation may limit the number of hours
593	593	an employee may receive per catastrophic illness or family
594	594	leave. No employee may receive more than 480 hours of donated
595	595	leave throughout his or her career with the state without the
596	596	approval of the State Personnel Board. A state employee who
597	597	qualifies for the receipt of donated leave for adoption shall
598	598	receive up to a maximum of two weeks of donated leave per
599	599	adoption.
600	600	(b) For purposes of this section only, "family leave"
601	601	means maternity or adoption leave pursuant to rules of the
602	602	State Personnel Board. "
603	603	Section 4. This act shall become effective July 1,
604	604	2025.
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