Alabama 2025 Regular Session

Alabama Senate Bill SB199 Compare Versions

Version 1 (Old)

Version 2 (New)

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3	3		SB199
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5	5		By Senators Figures, Coleman-Madison, Stewart, Kitchens,
6	6		Livingston, Chesteen, Waggoner, Kelley, Beasley, Butler,
7	7		Sessions, Williams, Givhan, Gudger, Smitherman, Melson,
8	8		Albritton, Jones, Chambliss, Hatcher, Bell, Allen, Carnley,
9	9		Orr
10	10		RFD: Finance and Taxation Education
11	11		First Read: 25-Feb-25
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20		-	9 SB199 ~~Enrolled~~
	20	+	9 SB199 Engrossed
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22	22		First Read: 25-Feb-25
23		-	Enrolled, An Act,
	23	+	A BILL
	24	+	TO BE ENTITLED
	25	+	AN ACT
24	26		Relating to state employees and employees of local
25	27		education agencies; to add Chapter 6A, commencing with Section
26	28		36-6A-1, to Title 36 of the Code of Alabama 1975; to provide
27	29		for paid parental leave for eligible employees following the
28	30		birth, stillbirth, or miscarriage of a child or the placement
29	31		of a child for adoption; to provide limitations and
30	32		requirements related to the use of parental leave; to require
31	33		the State of Alabama Personnel Department, the State Board of
32	34		Education, and the Alabama Community College System to adopt
33	35		rules governing the implementation and administration of
34	36		parental leave; to require the State of Alabama Personnel
35	37		Department, the State Department of Education, and the Alabama
36	38		Community College System to make an annual report; to amend
37	39		Section 36-26-35.2, Code of Alabama 1975.
38	40		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
39	41		Section 1. This act shall be known and may be cited as
40	42		the Alabama Public Employee Paid Parental Leave Act of 2025.
41	43		Section 2. Chapter 6A, commencing with Section 36-6A-1,
42	44		is added to Title 36 of the Code of Alabama 1975, to read as
43	45		follows:
44	46		“§36-6A-1
45		-	For the purposes of this chapter, the following terms
46		-	have the following meanings unless otherwise indicated by
47		-	context:
48		-	(1) APPLICABLE EMPLOYING AGENCY. A state entity, local
49		-	education agency, or the Alabama Community College System or
50		-	any of its institutions that employs an eligible employee.
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	76	+	“§36-6A-1
	77	+	For the purposes of this chapter, the following terms
	78	+	have the following meanings unless otherwise indicated by
	79	+	context:
	80	+	(1) APPLICABLE EMPLOYING AGENCY. A state entity, local
	81	+	education agency, or the Alabama Community College System or
80	82		any of its institutions that employs an eligible employee.
81	83		(2) BASE PAY. The eligible employee’s current, ordinary
82	84		rate of pay as reasonably determined by the applicable
83	85		employing agency.
84	86		(3) ELIGIBLE EMPLOYEE. Either of the following:
85	87		a. A state employee who has been employed in any of the
86	88		following categories for at least 12 consecutive months
87	89		immediately preceding the occurrence of a qualifying event:
88	90		1. Legislative personnel, officers, and employees,
89	91		including personnel, officers, and employees of the
90	92		Legislative Services Agency, as set forth in Section
91	93		36-6-1(a)(2).
92	94		2. Court officials and employees of the Unified Judicial
93	95		System as set forth in Section 36-6-1(a)(3).
94	96		3. Employees of the Administrative Office of Courts as
95	97		set forth in Section 36-6-1(a)(4).
96	98		4. Hourly personnel considered to be permanent employees
97	99		as set forth in Section 36-6-1(a)(5).
98	100		5. Members of the unclassified service as set forth in
99	101		Section 36-26-10(c) or any employees otherwise designated
100	102		unclassified by law.
101	103		6. Members of the classified service as set forth in
102	104		Section 36-26-10(d).
103		-	7. Members of the exempt service as set forth in Section
104		-	36-26-10(b)(3),(b)(8), (b)(10), and (b)(11), and any member of
105		-	the exempt service who accrues leave pursuant to an
106		-	authorizing statute.
107		-	b. A certified or noncertified employee of a local
108		-	education agency who has been employed by any local education
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	134	+	Section 36-26-10(d).
	135	+	7. Members of the exempt service as set forth in Section
	136	+	36-26-10(b)(3),(b)(8), (b)(10), and (b)(11), and any member of
	137	+	the exempt service who accrues leave pursuant to an
	138	+	authorizing statute.
	139	+	b. A certified or noncertified employee of a local
138	140		education agency who has been employed by any local education
139	141		agency in this state for at least 12 consecutive months
140	142		immediately preceding the occurrence of a qualifying event.
141	143		For the purposes of this act, the term "local education
142	144		agency" includes the Board of Trustees of the Alabama
143	145		Institute for Deaf and Blind.
144	146		c. An employee of the Alabama Community College System or
145	147		any of the educational institutions under its authority and
146	148		control, who has been employed by the system or an educational
147	149		institution for at least 12 consecutive months immediately
148	150		preceding the occurrence of a qualifying event.
149	151		(4) HEALTHCARE PROFESSIONAL. A physician, physician
150	152		assistant, nurse practitioner, or midwife who is licensed to
151	153		practice in his or her respective field in the State of
152	154		Alabama.
153	155		(5) MISCARRIAGE. The loss of an unborn child at or after
154	156		twelve weeks gestation and is confirmed in writing by a
155	157		healthcare professional. The term does not include an abortion
156	158		as defined in Section 26-23H-3 unless necessary to prevent a
157	159		serious health risk to the unborn child’s mother as permitted
158	160		under Section 26-23H-4.
159	161		(6) PARENTAL LEAVE. Paid leave provided to an eligible
160	162		employee in connection with a qualifying event pursuant to
161		-	this chapter.
162		-	(7) QUALIFYING EVENT. Any of the events that entitle an
163		-	eligible employee to parental leave pursuant to Section
164		-	36-6A-2.
165		-	(8) STILLBIRTH. The loss of an unborn child at or after
166		-	20 weeks gestation that is confirmed in writing by a
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	190	+	84 SB199 Engrossed
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	192	+	employee in connection with a qualifying event pursuant to
	193	+	this chapter.
	194	+	(7) QUALIFYING EVENT. Any of the events that entitle an
	195	+	eligible employee to parental leave pursuant to Section
	196	+	36-6A-2.
	197	+	(8) STILLBIRTH. The loss of an unborn child at or after
196	198		20 weeks gestation that is confirmed in writing by a
197	199		healthcare professional. The term does not include an abortion
198	200		as defined in Section 26-23H-3 unless necessary to prevent a
199	201		serious health risk to the unborn child’s mother as permitted
200	202		under Section 26-23H-4."
201	203		“§36-6A-2
202	204		(a)(1) An eligible employee who is female shall be
203	205		entitled to eight weeks of parental leave in connection with
204	206		the birth, stillbirth, or miscarriage of her child which
205	207		occurs on or after July 1, 2025.
206	208		(2) An eligible employee who is male shall be entitled to
207	209		two weeks of parental leave in connection with the birth,
208	210		stillbirth, or miscarriage of his child which occurs on or
209	211		after July 1, 2025.
210	212		(3) An eligible employee shall be entitled to eight weeks
211	213		of parental leave in connection with the placement of a child
212	214		with the eligible employee for adoption which occurs on or
213	215		after July 1, 2025, provided the child is three years of age
214	216		or younger at the time that he or she is placed with the
215	217		eligible employee. In the event that parents who jointly adopt
216	218		a child are both eligible employees, one parent shall be
217	219		entitled to eight weeks of parental leave in connection with
218	220		the adoption and one parent shall be entitled to two weeks of
219		-	parental leave in connection with the adoption. The State of
220		-	Alabama Personnel Department, the State Board of Education,
221		-	and the Alabama Community College System shall jointly adopt
222		-	rules to implement this subdivision.
223		-	(b) An eligible employee may not take parental leave
224		-	under this section unless he or she has completed the
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	248	+	112 SB199 Engrossed
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	250	+	the adoption and one parent shall be entitled to two weeks of
	251	+	parental leave in connection with the adoption. The State of
	252	+	Alabama Personnel Department, the State Board of Education,
	253	+	and the Alabama Community College System shall jointly adopt
	254	+	rules to implement this subdivision.
	255	+	(b) An eligible employee may not take parental leave
254	256		under this section unless he or she has completed the
255	257		requirements of subdivision (b)(1) and paragraph(b)(2)a. prior
256	258		to taking parental leave.
257	259		(1) The eligible employee shall provide the applicable
258	260		employing agency a written plan regarding his or her intended
259	261		use of the parental leave and any other leave he or she
260	262		intends to take in connection with the qualifying event.
261	263		(2)a. The eligible employee shall agree in writing with
262	264		the applicable employing agency not to separate from
263	265		employment for a period of at least eight weeks following the
264	266		conclusion of any leave taken in connection with the
265	267		qualifying event.
266	268		b. The requirement of paragraph a. may be waived by the
267	269		applicable employing agency in circumstances where the
268	270		eligible employee is unable to return to work such as a
269	271		serious health condition of the employee or of an immediate
270	272		family member.
271	273		c. If the eligible employee fails to comply with the
272	274		return-to-work agreement required by this subdivision, the
273	275		applicable employing agency may recover from the eligible
274	276		employee, by offset or otherwise, an amount equal to the
275	277		eligible employee’s hourly rate of pay multiplied by the
276	278		number of hours the eligible employee failed to work in
277		-	compliance with the return-to-work agreement.
278		-	(3) In the event of an emergency that prevents an
279		-	eligible employee from completing the requirements of
280		-	subdivision (b)(1) and paragraph(b)(2)a. prior to taking
281		-	parental leave, the eligible employee shall complete these
282		-	requirements as soon as practicable after the emergency has
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	308	+	number of hours the eligible employee failed to work in
	309	+	compliance with the return-to-work agreement.
	310	+	(3) In the event of an emergency that prevents an
	311	+	eligible employee from completing the requirements of
	312	+	subdivision (b)(1) and paragraph(b)(2)a. prior to taking
	313	+	parental leave, the eligible employee shall complete these
312	314		requirements as soon as practicable after the emergency has
313	315		ended.
314	316		(c) An eligible employee may use any parental leaveto
315	317		which he or she is entitled under this chapter intermittently
316	318		or on a reduced leave schedule, subject to the following
317	319		limitations:
318	320		(1) The parental leave shall be used within 365 days of
319	321		the qualifying event or within 365 days of the eligible
320	322		employee taking parental leave for a qualifying event,
321	323		whichever occurs sooner. An eligible employee may only use
322	324		parental leave in connection with one qualifying event during
323	325		a 365-day period, even if more than one qualifying event
324	326		occurs.
325	327		(2) The eligible employee shall maintain a continuing
326	328		parental role with any child whose birth or adoption was a
327	329		qualifying event.
328	330		(3) Parental leave taken intermittently or on a reduced
329	331		leave schedule for bonding purposes shall be agreed to by the
330	332		applicable employing agency prior to the start of the leave.
331	333		(d) Parental leave taken under this section shall run
332	334		concurrently with leave taken under Section 25-1-61 and under
333	335		the Family and Medical Leave Act of 1993, codified as 29
334	336		U.S.C. §2611, et seq.
335		-	(e) Upon the expiration of an eligible employee's
336		-	parental leave, the eligible employee shall be restored to the
337		-	position that he or she held at the time of the qualifying
338		-	event or to an equivalent position with equivalent seniority,
339		-	status, employment benefits, pay, and other terms and
340		-	conditions of employment, including any fringe benefits and
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	366	+	U.S.C. §2611, et seq.
	367	+	(e) Upon the expiration of an eligible employee's
	368	+	parental leave, the eligible employee shall be restored to the
	369	+	position that he or she held at the time of the qualifying
	370	+	event or to an equivalent position with equivalent seniority,
	371	+	status, employment benefits, pay, and other terms and
370	372		conditions of employment, including any fringe benefits and
371	373		service credits, that the eligible employee received or was
372	374		entitled to prior to the commencement of his or her parental
373	375		leave. A local education agency employee, as provided in
374	376		Section 36-6A-1(3)b., shall be restored to the grade taught
375	377		prior to taking parental leave unless otherwise agreed to by
376	378		the employee. Nothing in this chapter shall be construed to
377	379		prevent an eligible employee from receiving any cost-of-living
378	380		salary increase provided generally to eligible employees or
379	381		any merit increase to which the eligible employee would have
380	382		been entitled had he or she not taken parental leave."
381	383		“§36-6A-3
382	384		(a) Parental leave authorized by this chapter shall be
383	385		administered as follows:
384	386		(1) Parental leave shall be paid at 100 percent of the
385	387		eligible employee's base pay.
386	388		(2) Parental leave shall remain at 100 percent of the pay
387	389		provided in subdivision (1) for the duration of the leave as
388	390		if the eligible employee worked continuously from the date
389	391		that the eligible employee commenced his or her parental
390	392		leave until the date the eligible employee returns from
391	393		parental leave.
392	394		(3) Parental leave shall not require an eligible employee
393		-	to use or exhaust sick leave, annual leave, or any other leave
394		-	or paid time off.
395		-	(4) Parental leave has no cash value.
396		-	(b) Any unused parental leave may not be used to
397		-	calculate an eligible employee's retirement benefits.
398		-	(c) Unused parental leave shall not roll over, be
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	424	+	(3) Parental leave shall not require an eligible employee
	425	+	to use or exhaust sick leave, annual leave, or any other leave
	426	+	or paid time off.
	427	+	(4) Parental leave has no cash value.
	428	+	(b) Any unused parental leave may not be used to
	429	+	calculate an eligible employee's retirement benefits.
428	430		(c) Unused parental leave shall not roll over, be
429	431		reserved for use during a subsequent qualifying event, or be
430	432		paid to the eligible employee."
431	433		“§36-6A-4
432	434		(a) During an eligible employee's parental leave, the
433	435		applicable employing agency shall continue to pay the
434	436		employer's contribution to maintain any health care benefits
435	437		the employee had at the time of the qualifying event for the
436	438		duration of the leave as if the eligible employee had
437	439		continued in employment continuously from the date the
438	440		eligible employee commenced the parental leave until the date
439	441		the eligible employee returns from the leave.
440	442		(b) The eligible employee shall continue to pay his or
441	443		her share of the cost of health care benefits, if any, as was
442	444		required of him and her prior to the commencement of parental
443	445		leave."
444	446		“§36-6A-5
445	447		(a)(1) The State Personnel Department shall adopt rules
446	448		to implement and administer this chapter as to state employees
447	449		who may be an eligible employee as defined in Section
448	450		36-6A-1(3)a.
449	451		(2) The State Board of Education shall adopt rules to
450	452		implement and administer this chapter as to local education
451		-	agency employees who may be an eligible employee as defined in
452		-	Section 36-6A-1(3)b. Rules adopted pursuant to this
453		-	subdivision shall apply to an eligible employee of a public
454		-	charter school notwithstanding Section 16-6F-9(a)(3).
455		-	(3) The Board of Trustees of the Alabama Community
456		-	College System (ACCS) shall adopt rules to implement and
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	482	+	implement and administer this chapter as to local education
	483	+	agency employees who may be an eligible employee as defined in
	484	+	Section 36-6A-1(3)b. Rules adopted pursuant to this
	485	+	subdivision shall apply to an eligible employee of a public
	486	+	charter school notwithstanding Section 16-6F-9(a)(3).
	487	+	(3) The Board of Trustees of the Alabama Community
486	488		College System (ACCS) shall adopt rules to implement and
487	489		administer this chapter as to employees of the Alabama
488	490		Community College System and the educational institutions
489	491		under its authority and control who may be an eligible
490	492		employee as defined in Section 36-6A-1(3)c.
491	493		(b) The rules adopted pursuant to subsection (a) shall
492	494		set reasonable procedures necessary to implement this chapter,
493	495		including any necessary forms, for an eligible employee
494	496		exercising his or her right to parental leave under this
495	497		chapter. Forms and procedures shall not be unduly burdensome
496	498		to the eligible employee.
497	499		(c) The rules adopted pursuant to subsection (a) shall
498	500		provide for each state employee, local education agency
499	501		employee, and employee of ACCS to receive written notice upon
500	502		his or her hiring of the following:
501	503		(1) An eligible employee's right to parental leave
502	504		pursuant to this chapter.
503	505		(2) The number of weeks of parental leave available to an
504	506		eligible employee.
505	507		(3) The procedure for taking parental leave."
506	508		“§36-6A-6
507	509		No later than October 1, 2026, and every October 1
508	510		thereafter until October 1, 2030, the State Personnel
509		-	Department, the State Department of Education, and the Alabama
510		-	Community College System shall submit to the Governor and the
511		-	Legislature and make publicly available information regarding
512		-	the implementation and use of parental leave by eligible
513		-	employees for the previous fiscal year."
514		-	Section 3. Section 36-26-35.2, Code of Alabama 1975,
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542		-	252 SB199 ~~Enrolled~~
	538	+	252 SB199 Engrossed
543	539		Page 10
	540	+	thereafter until October 1, 2030, the State Personnel
	541	+	Department, the State Department of Education, and the Alabama
	542	+	Community College System shall submit to the Governor and the
	543	+	Legislature and make publicly available information regarding
	544	+	the implementation and use of parental leave by eligible
	545	+	employees for the previous fiscal year."
544	546		Section 3. Section 36-26-35.2, Code of Alabama 1975,
545	547		shall be amended to read as follows:
546	548		"§36-26-35.2
547	549		(a) Notwithstanding any other laws to the contrary, a
548	550		state employee employed in any branch of state government may
549	551		donate his or her accrued and unused annual, sick, or
550	552		compensatory leave to another state employee who has qualified
551	553		for catastrophic sick leave or family leave . The donation
552	554		shall be subject to the approval of the appointing authority
553	555		of the employee making the donation and, if the donating
554	556		employee is in a position with a lower pay grade than the
555	557		position of the employee receiving the donation, the approval
556	558		of the State Personnel Board. The appointing authority of the
557	559		employee receiving the donation may limit the number of hours
558	560		an employee may receive per catastrophic illness or family
559	561		leave. No employee may receive more than 480 hours of donated
560	562		leave throughout his or her career with the state without the
561	563		approval of the State Personnel Board. A state employee who
562	564		qualifies for the receipt of donated leave for adoption shall
563	565		receive up to a maximum of two weeks of donated leave per
564	566		adoption.
565	567		(b) For purposes of this section only, "family leave"
566	568		means maternity or adoption leave pursuant to rules of the
567		-	State Personnel Board. "
568		-	Section 4. This act shall become effective July 1,
569		-	2025.
570	569		253
571	570		254
572	571		255
573	572		256
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590	589		273
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593	592		276
594		-	277 SB199 Enrolled
	593	+	277
	594	+	278
	595	+	279
	596	+	280 SB199 Engrossed
595	597		Page 11
	598	+	means maternity or adoption leave pursuant to rules of the
	599	+	State Personnel Board. "
	600	+	Section 4. This act shall become effective July 1,
596	601		2025.
597		-	________________________________________________
598		-	President and Presiding Officer of the Senate
599		-	________________________________________________
600		-	Speaker of the House of Representatives
601		-	SB199
602		-	Senate 05-Mar-25
603		-	I hereby certify that the within Act originated in and passed
604		-	the Senate, as amended.
	602	+	281
	603	+	282
	604	+	283 SB199 Engrossed
	605	+	Page 12
	606	+	2025.
	607	+	Senate
	608	+	Read for the first time and referred
	609	+	to the Senate committee on Finance
	610	+	and Taxation Education
	611	+	................25-Feb-25
	612	+	Read for the second time and placed
	613	+	on the calendar:
	614	+	0 amendments
	615	+	................27-Feb-25
	616	+	Read for the third time and passed
	617	+	as amended
	618	+	Yeas 28
	619	+	Nays 3
	620	+	Abstains 0
	621	+	................05-Mar-25
605	622		Patrick Harris,
606	623		Secretary.
607		-	House of Representatives
608		-	Passed: 20-Mar-25
609		-	By: Senator Figures
610		-	278
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613		-	281
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