SB199INTRODUCED
Page 0
SB199
NRH2RTJ-1
By Senators Figures, Coleman-Madison, Stewart, Kitchens,
Livingston, Chesteen, Waggoner, Kelley, Beasley, Butler,
Sessions, Williams, Givhan, Gudger, Smitherman, Melson,
Albritton, Jones, Chambliss, Hatcher, Bell, Allen, Carnley,
Orr
RFD: Finance and Taxation Education
First Read: 25-Feb-25
1
2
3
4
5
6
7
8
9 NRH2RTJ-1 02/25/2025 AI EBO JT EBO-2025-56
Page 1
First Read: 25-Feb-25
SYNOPSIS:
This bill would enact the Alabama K-12 Public School
and State Employee Paid Parental Leave Act of 2025.
Existing law does not provide for paid parental
leave for state employees or employees of local education
agencies. Subject to limitations and requirements, this
bill would provide eligible state employees and eligible
local education agency employees paid parental leave in
connection with the birth, stillbirth, or miscarriage of
a child or the adoption of a child who is three years of
age or younger. A female eligible employee would be
entitled to eight weeks of parental leave in connection
with the birth, stillbirth, or miscarriage of her child.
A male eligible employee would be entitled to two weeks
of parental leave in connection with the birth,
stillbirth, or miscarriage of his child. Subject to
limitations, an eligible employee of either sex would be
entitled to eight weeks of parental leave in connection
with the adoption of a child three years of age or
younger.
This bill would require the State of Alabama
Personnel Department and State Board of Education to
adopt rules for the implementation and administration of
parental leave. This bill would also require the State
Personnel Department and State Department of Education to
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 SB199 INTRODUCED
Page 2
Personnel Department and State Department of Education to
annually report certain data relating to parental leave
to the Governor and Legislature.
A BILL
TO BE ENTITLED
AN ACT
Relating to state employees and employees of local
education agencies; to add Chapter 6A, commencing with Section
36-6A-1, to Title 36 of the Code of Alabama 1975; to provide
for paid parental leave for eligible employees following the
birth, stillbirth, or miscarriage of a child or the placement
of a child for adoption; to provide limitations and
requirements related to the use of parental leave; to require
the State of Alabama Personnel Department and State Board of
Education to adopt rules governing the implementation and
administration of parental leave; to require the State of
Alabama Personnel Department and State Department of Education
to make an annual report; to amend Section 36-26-35.2, Code of
Alabama 1975.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. This act shall be known and may be cited as
the Alabama K-12 Public School and State Employee Paid
Parental Leave Act of 2025.
Section 2. Chapter 6A, commencing with Section 36-6A-1,
is added to Title 36 of the Code of Alabama 1975, to read as
follows:
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 SB199 INTRODUCED
Page 3
follows:
Ҥ36-6A-1
For the purposes of this chapter, the following terms
have the following meanings unless otherwise indicated by
context:
(1) APPLICABLE EMPLOYING AGENCY. The state entity or
local education agency that employs an eligible employee.
(2) BASE PAY. The eligible employee’s current, ordinary
rate of pay as reasonably determined by the applicable
employing agency.
(3) ELIGIBLE EMPLOYEE. Either of the following:
a. A state employee who has been employed in any of the
following categories for at least 12 consecutive months
immediately preceding the occurrence of a qualifying event:
1. Legislative personnel, officers, and employees,
including personnel, officers, and employees of the
Legislative Services Agency, as set forth in Section
36-6-1(a)(2).
2. Court officials and employees of the Unified Judicial
System as set forth in Section 36-6-1(a)(3).
3. Employees of the Administrative Office of Courts as
set forth in Section 36-6-1(a)(4).
4. Hourly personnel considered to be permanent employees
as set forth in Section 36-6-1(a)(5).
5. Members of the unclassified service as set forth in
Section 36-26-10(c) or any employees otherwise designated
unclassified by law.
6. Members of the classified service as set forth in
Section 36-26-10(d).
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 SB199 INTRODUCED
Page 4
Section 36-26-10(d).
7. Members of the exempt service as set forth in Section
36-26-10(b)(3),(b)(8), (b)(10), and (b)(11), and any member of
the exempt service who accrues leave pursuant to an
authorizing statute.
b. A certified or noncertified employee of a local
education agency who has been employed by any local education
agency in this state for at least 12 consecutive months
immediately preceding the occurrence of a qualifying event.
(4) HEALTHCARE PROFESSIONAL. A physician, physician
assistant, nurse practitioner, or midwife who is licensed to
practice in his or her respective field in the State of
Alabama.
(5) MISCARRIAGE. The loss of an unborn child at or after
twelve weeks gestation and is confirmed in writing by a
healthcare professional. The term does not include an abortion
as defined in Section 26-23H-3 unless necessary to prevent a
serious health risk to the unborn child’s mother as permitted
under Section 26-23H-4.
(6) PARENTAL LEAVE. Paid leave provided to an eligible
employee in connection with a qualifying event pursuant to
this chapter.
(7) QUALIFYING EVENT. Any of the events that entitle an
eligible employee to parental leave pursuant to Section
36-6A-2.
(8) STILLBIRTH. The loss of an unborn child at or after
20 weeks gestation that is confirmed in writing by a
healthcare professional. The term does not include an abortion
as defined in Section 26-23H-3 unless necessary to prevent a
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 SB199 INTRODUCED
Page 5
as defined in Section 26-23H-3 unless necessary to prevent a
serious health risk to the unborn child’s mother as permitted
under Section 26-23H-4."
Ҥ36-6A-2
(a)(1) An eligible employee who is female shall be
entitled to eight weeks of parental leave in connection with
the birth, stillbirth, or miscarriage of her child which
occurs on or after July 1, 2025.
(2) An eligible employee who is male shall be entitled to
two weeks of parental leave in connection with the birth,
stillbirth, or miscarriage of his child which occurs on or
after July 1, 2025.
(3) An eligible employee shall be entitled to eight weeks
of parental leave in connection with the placement of a child
with the eligible employee for adoption which occurs on or
after July 1, 2025, provided the child is three years of age
or younger at the time that he or she is placed with the
eligible employee. In the event that parents who jointly adopt
a child are both eligible employees, one parent shall be
entitled to eight weeks of parental leave in connection with
the adoption and one parent shall be entitled to two weeks of
parental leave in connection with the adoption. The State of
Alabama Personnel Department and State Board of Education
shall jointly adopt rules to implement this subdivision.
(b) An eligible employee may not take parental leave
under this section unless he or she has completed the
requirements of subdivision (b)(1) and paragraph(b)(2)a. prior
to taking parental leave.
(1) The eligible employee shall provide the applicable
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 SB199 INTRODUCED
Page 6
(1) The eligible employee shall provide the applicable
employing agency a written plan regarding his or her intended
use of the parental leave and any other leave he or she
intends to take in connection with the qualifying event.
(2)a. The eligible employee shall agree in writing with
the applicable employing agency not to separate from
employment for a period of at least eight weeks following the
conclusion of any leave taken in connection with the
qualifying event.
b. The requirement of paragraph a. may be waived by the
applicable employing agency in circumstances where the
eligible employee is unable to return to work such as a
serious health condition of the employee or of an immediate
family member.
c. If the eligible employee fails to comply with the
return-to-work agreement required by this subdivision, the
applicable employing agency may recover from the eligible
employee, by offset or otherwise, an amount equal to the
eligible employee’s hourly rate of pay multiplied by the
number of hours the eligible employee failed to work in
compliance with the return-to-work agreement.
(3) In the event of an emergency that prevents an
eligible employee from completing the requirements of
subdivision (b)(1) and paragraph(b)(2)a. prior to taking
parental leave, the eligible employee shall complete these
requirements as soon as practicable after the emergency has
ended.
(c) An eligible employee may use any parental leaveto
which he or she is entitled under this chapter intermittently
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168 SB199 INTRODUCED
Page 7
which he or she is entitled under this chapter intermittently
or on a reduced leave schedule, subject to the following
limitations:
(1) The parental leave shall be used within 365 days of
the qualifying event or within 365 days of the eligible
employee taking parental leave for a qualifying event,
whichever occurs sooner. An eligible employee may only use
parental leave in connection with one qualifying event during
a 365-day period, even if more than one qualifying event
occurs.
(2) The eligible employee shall maintain a continuing
parental role with any child whose birth or adoption was a
qualifying event.
(3) Parental leave taken intermittently or on a reduced
leave schedule for bonding purposes shall be agreed to by the
applicable employing agency prior to the start of the leave.
(d) 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.
(e) Upon the expiration of an eligible employee's
parental leave, the eligible employee shall be restored to the
position that he or she held at the time of the qualifying
event or 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. A local education agency employee, as provided in
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196 SB199 INTRODUCED
Page 8
leave. A local education agency employee, as provided in
Section 36-6A-1(3)b., shall be restored to the grade taught
prior to taking parental leave unless otherwise agreed to by
the employee. Nothing in this chapter shall be construed to
prevent an eligible employee from receiving any cost-of-living
salary increase provided generally to eligible employees or
any merit increase to which the eligible employee would have
been entitled had he or she not taken parental leave."
Ҥ36-6A-3
(a) Parental leave authorized by this chapter shall be
administered as follows:
(1) Parental leave shall be paid at 100 percent of the
eligible employee's base pay.
(2) Parental leave shall remain at 100 percent of the pay
provided in subdivision (1) for the duration of the leave as
if the eligible employee worked continuously from the date
that the eligible employee commenced his or her parental
leave until the date the eligible employee returns from
parental leave.
(3) Parental leave shall not require an eligible employee
to use or exhaust sick leave, annual leave, or any other leave
or paid time off.
(4) Parental leave has no cash value.
(b) Any unused parental leave may not be used to
calculate an eligible employee's retirement benefits.
(c) Unused parental leave shall not roll over, be
reserved for use during a subsequent qualifying event, or be
paid to the eligible employee."
Ҥ36-6A-4
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224 SB199 INTRODUCED
Page 9
Ҥ36-6A-4
(a) During an eligible employee's parental leave, the
applicable employing agency 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 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 shall continue to pay his or
her share of the cost of health care benefits, if any, as was
required of him and her prior to the commencement of parental
leave."
Ҥ36-6A-5
(a)(1) The State Personnel Department shall adopt rules
to implement and administer this chapter as to state employees
who may be an eligible employee as defined in Section
36-6A-1(3)a.
(2) The State Board of Education shall adopt rules to
implement and administer this chapter as to local education
agency employees who may be an eligible employee as defined in
Section 36-6A-1(3)b. Rules adopted pursuant to this
subdivision shall apply to an eligible employee of a public
charter school notwithstanding Section 16-6F-9(a)(3).
(b) The rules adopted pursuant to subsection (a) shall
set reasonable procedures necessary to implement this chapter,
including any necessary forms, for an eligible employee
exercising his or her right to parental leave under this
chapter. Forms and procedures shall not be unduly burdensome
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252 SB199 INTRODUCED
Page 10
chapter. Forms and procedures shall not be unduly burdensome
to the eligible employee.
(c) The rules adopted pursuant to subsection (a) shall
provide for each state employee or local education agency
employee to receive written notice upon his or her hiring of
the following:
(1) An eligible employee's right to parental leave
pursuant to this chapter.
(2) The number of weeks of parental leave available to an
eligible employee.
(3) The procedure for taking parental leave."
Ҥ36-6A-6
No later than October 1, 2026, and every October 1
thereafter until October 1, 2030, the State Personnel
Department and the State Department of Education shall submit
to the Governor and the Legislature and make publicly
available information regarding the implementation and use of
parental leave by eligible employees for the previous fiscal
year."
Section 3. 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
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
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
275
276
277
278
279
280 SB199 INTRODUCED
Page 11
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 4. This act shall become effective July 1,
2025.
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296