Alabama

View our “Deep Dive” below to see recent and upcoming legislative changes to this state’s family and medical leave program(s).

Last Updated: 06/14/2023

Deep Dive – State Leave and Pay Programs

Alabama at a Glance

Alabama has a leave law called the Adoption Promotion Act (APA), which provides unpaid, job-protected leave for parental leave reasons for both birth parents (within the first year of the child’s birth) and adoptive parents (within the first year of the child’s placement). Where an employee is eligible for each law, APA will generally run concurrently with federal FMLA. As part of our leave of absence service, The Larkin Company will track APA leaves.

The APA sets baseline standards for employers, ensuring that where employers provide leave of absence pay for biological parents, they also provide some leave pay for adoptive parents. If you, as an organization, are providing the same number of weeks of paid leave for adoptive parents, as you are biological parents, then you are in compliance with, and may be exceeding your obligations under this law. Alabama has also enacted House Bill 141, effective August 1, 2023, which will authorize disability insurers to offer paid family leave (PFL) benefits policies through employer-sponsored group insurance, or voluntary plans. This is not a formal state paid family and medical leave program, but instead simply establishes paid family leave benefits policies as a class of insurance. This, in turn, allows employers to include reasons such as medical, bonding, family care leave, and military exigency, within their policies in Alabama (Virginia, Florida, and Arkansas have a similar law – see here).

If you wish to add PFL to your policies, please discuss this with your insurer. If you do move forward to include PFL within your policies, please update your Larkin Account Manager so we can inform your employees of their benefits.

For an additional reference regarding how each law relates to one another, in addition to the employee/employer eligibility criteria for these laws, please see the table below in “Leave Types, Benefit Amounts and Durations”.

If you would like a reminder on the services that Larkin provides in general, please see here. 

Leave Types, Benefit Amounts and Durations
This section provides a summary of the leave law durations, benefits, and other information, such as employee and employer eligibility criteria, whether the leave is job-protected, and whether group health insurance must be continued.
Coverage Options and Funding (State Income Replacement Benefits)

N/A – there are no state leave income replacement benefits in Alabama. As noted above, the law does require that employees provide some pay for adoptive parents if they provide parental leave pay for biological parents.

Employer Notice Requirements

Some leave laws require that you notify your employees about their rights under the law, such as, by providing a prescribed notice to new hires, displaying a poster in the workplace, and/or including information about that leave law in your company handbook. Below you will find a summary of the requirements for each law.

Where the law requires that a leave poster/notice must be provided to the employee when they request leave, The Larkin Company will provide the applicable document within our introductory leave packets (see “Larkin Enclosures” within this resource).

Employer Statements Process (State Income Replacement Benefits)
The “Employer Statements” section is not applicable to Alabama. Employers may be required to complete employer forms (as part of an employee’s claim for benefits) for certain state income replacement programs, so they must be prepared to look up employee information and respond within the given timelines. However, there are no state leave income replacement benefits in Alabama at this time.

State Resource Links

State Website(s)

Adoption Promotion Act, APA (Leave Law) – no specific website available.

State Law and Regulation(s)

APA 
House Bill 141

Disclaimer

The Larkin Company has taken reasonable steps to ensure the accuracy of the information on this page, however we make no representation or warranty of any kind as to its accuracy or completeness. These resources should not be construed or substituted for legal advice. Accordingly, before taking any actions based upon such information provided herein, we encourage you to seek competent legal advice from a licensed attorney or appropriate professionals.