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Alabama FMLA Laws
Private Sector Employees
There are no additional leave laws relating to any of the covered under the Family medical Leave Act (FMLA) for Alabama employees employed in the private sector.
Public Sector Employees
Qualified Public Sector Employees include:
'Classified Service' and 'Unclassified Service' State Employees (except for the following listed below in the "exclusions" section)
What is a classified service job?
Most Alabama state jobs are classified. Classified service jobs are subject to the Alabama Merit System of Personnel Administration.
What is an unclassified service job?
Unclassified service jobs are Alabama state jobs that are not subject to the Alabama Merit System of Personnel Administration
What other public sector employees are excluded?
- Officers elected by vote of the people.
- Officers and employees of the Legislature.
- Officers, attendants, and employees of the circuit courts, clerks of county jury boards, and deputy circuit solicitors.
- Members of boards and commissions, whether appointed or self-perpetuating.
- Heads of departments required by law to be appointed by the Governor or by boards or commissions with the Governor's approval.
- All officers and employees of the state's institutions of higher learning, teacher training institutions and normal schools.
- All officers and employees of all educational, eleemosynary and correctional* institutions which are governed by boards of trusteese.
- Secondary agricultural schools and vocational school.
- All inmate help in all charitable, penal and correctional institutions.
- All commissioned and warrant officers and enlisted men of the National Guard and Naval Militia of the state, in their respective military and naval grades
- The Governor's private secretary, and those employees of the Governor's office paid exclusively out of the Governor's emergency or contingent funds.
- The employees of the State Docks Department engaged in railroad service and subject to the provisions of an Act of Congress known as the Railway Labor Act.
Alabama Leave laws (additional to FMLA) for classified and unclassified state employees.
- Employees eligible for sick leave (see if you are eligible by taking the FMLA test here) may earn 4 hours of leave for every two weeks of service, up to 150 days..
- You may also take sick leave upon the death of, or to care for, an ill member of your immediate family. (i.e. spouse, child, grand-child, parent, grandparent, sister, brother, mother-in-law, father-in-law, son-in-law, or daughter-in-law).
- You may also take leave if the person is not an immediate member of your family but you have "unusually strong personal ties with that person." For example you were supported or educated by the person.
- If you are a permanent employee and you have exhausted all of your accrued sick leave (and you have an illness or serious disability) you may be able to receive advanced sick leave (no more than 24 days of extra leave). To determine if you qualify and to be given advanced sick leave you must be approved by the appointing authority (please see your HR person for more information)
Birth or Adoption of a Child
- Female employees may use her accrued sick leave for pregnancy, childbirth or a related medical condition.
- Employee must work until she is disabled as a result of the pregnancy and must return to work once she ceases to be disabled.
- Employer may require a doctor’s verification of disability.
- Bereavement leave may be taken if you have exhausted all accrued sick leave. The days you take for bereavement leave must be reimbursed to state in the form of sick leave days in the future.
- You may take up to three days (per occurrence) with pay, upon the death of a person related by blood, adoption or marriage.
- Employees are eligible to donate earned leave to another state employee who requires catastrophic sick leave or maternity leave (as long as the employees receiving the leave is in a position with an equal or lower pay grade as the donating employee).
Leave Without Pay
- An employee may be granted an unpaid leave of absence by an appointing authority for up to one year (and be reinstated to their position after the leave ends).
- The employee may be called back from a leave of absence if the appointing authority decides the employees' attendance "is necessary to the efficient conduct of the business of the state." If, after notified, the employee does not return the job can be declared open and a new person can fill the position.
- Active members of the following military organizations are entitled to 21 days of paid leave on all days they are participating in military training. This leave must be given without loss of pay, time, annual vacation or sick leave.
- Alabama National Guard
- Alabama Naval Militia
- Army Reserve
- Navy Reserve
- Marine Corps Reserve
- Air Force Reserve
- Coast Guard Reserve
Mandatory Annual Leave and/or Leave Without Pay
- Employees may be required to use their accumulated annual leave to be absent from work if an appointed authority decides to mandate it in the following circumstances:
- The employee is under investigation leading to a disciplinary hearings.
- The stretch of time pending a disciplinary hearing after employee receives notice of such a hearing.
- The employee is deemed physically incapacitated from performing the work assignment (such as being intoxicated)
- If the employee does not have any accumulated annual leave days, the appointing authority may still require that the employee take leave without pay.
- Permanent employees may receive full or partial pay as long as the educational courses are directly related to improvement of the employees’ performance in their current job.
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