Below you will find any recent or upcoming changes to the family and medical leave and/or leave income replacement benefit law(s) within this state.

Last Updated: 11/21/2022

Adoption Promotion Act (APA)

What is the Update?

Alabama recently passed a law called the Adoption Promotion Act (APA), that went into effect on July 1, 2022. This law requires employers to provide employees with 12 weeks of unpaid family leave for the birth and care of a child born to the employee (during the first year after the child’s birth), or for the care of a child placed with the employee in connection with adoption (within one year of the placement of the child with the employee).

The law has the same qualification criteria as FMLA. An eligible employee is one who has worked for the employer for at least 12 months and worked at least 1,250 hours during the previous 12-month period. The leave will run concurrently with any other leave provided under federal law (e.g., FMLA). However, the APA is a specific entitlement for parental leave reasons in Alabama, thus an employee who used all their FMLA leave for another FMLA qualify reason in a 12-month period (e.g., family or medical leave reasons), would still have 12 weeks available for parental leave in Alabama.

Leave may be taken due to the adoption of an ill or disabled child and must be considered on the same basis as comparable cases of complications accompanying the birth of a child of an employee. We are not certain on the full intent of this statement within the law and hope that state provides more clarification on this topic.

If an employer provides paid leave to an employee for the birth and care of a child born to the employee, they must provide the lesser of either equivalent paid leave or two-weeks paid leave to an employee for the care of a child placed with the employee for adoption. Nevertheless, we at The Larkin Company always advocate for providing adoptive parents the same balance of leave and/or pay, as birth parents, to ensure an equitable policy and treatment of employees.

If both parents work for the same employer, the employer is only required to provide paid leave benefits to one parent for the care of a child placed for adoption with both employees. We understand that each employee will be eligible for 12 weeks of leave but may be limited to only paid leave for one employee. We are also hoping the state will provide more guidance on this topic.

Leave may be taken intermittently only if the employee and the employer agree. Employees must provide 30 days’ notice for foreseeable leave or as soon as practicable for situations where placement requires leave to begin in less than 30 days.

Handbook/Policy Updates


Notice Requirements


Larkin Action

The Larkin Company will consider any law changes carefully, and update our internal resources and processes, as well as our employee leave information packets, if necessary.

Further Company Considerations


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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.