Payroll and Benefits Guide United States – Alabama

 Annual Leave (vacation)

Alabama does not have any state laws that govern paid time off. However, it is common for employers to decide whether to offer paid or unpaid vacation leave.

This must comply with employment law and must be stipulated in the collective bargaining agreements.

Public Holidays

Public holidays are not mandatory as paid days off, however, it is very common to allow workers to take federal holidays as paid days off.

Some companies may also agree to allow workers to take state holidays off.

Usually when an agreed public holiday falls on a weekend, a day off in lieu is given on the Friday before or the Monday after the holiday.

Sick Days

Alabama does not have any state statute governing the amount and payment of absences.

However, it is common for employers to offer paid or unpaid coverage to their employees, which must comply with employment law and stipulated in the collective bargaining agreements.

It is common for an employer to follow the Family and Medical Leave Act (FMLA), which provides certain employees with up to 12 weeks of unpaid,

job-protected leave per year for certain family and medical reasons (maternity leave, serious illnesses, or if the employee needs to care for a spouse or child).

In addition, Alabama employers must provide one hour of paid sick leave for every 30 hours worked, up to an annual maximum of 40 hours of paid sick leave.

Employees are eligible for FMLA if they’ve worked for their employer for at least one year, completed a minimum of 1,250 hours over the past year, and worked at a location where the company employs 50 or more employees within 75 miles.

FMLA eligible employees are entitled for:

• 12 working weeks of leave in any one year for a child’s birth and to care for the newborn child within one year of birth.
• Leave for the adoption or foster care of a child and care for the newly placed child within one year of placement.
• Care for the employee’s spouse, child, or parent who has a severe health condition.
• Leave in the event of a serious health condition that makes the employee unable to perform the essential functions of their job.
• Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty.”

Or

• 26 working weeks of leave during a single one-year period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).

Maternity Leave

Maternity leave may fall under FMLA (see Sick Leave).

Paternity Leave

Paternity leave may fall under FMLA (see Sick Leave).

Parental Leave

Parental leave may fall under FMLA (see Sick Leave).

Other Leave

• Voting Leave: Employees who are registered to vote must be allowed to take necessary time off from work as unpaid leave to vote in any municipal, county, state, or federal primary or general election. Employees must provide reasonable notice to their employers to take time off to vote.
• Jury Duty: Full-time employees are entitled to job-protected, paid time off from work to perform jury duty. Employees must provide a copy of the jury summons to the employer as evidence of requirement.
• In addition to the federal law, USERRA, Alabama law provides military members with paid leave for days they are called to serve in the field, coast defense, other training, or service ordered under federal regulations governing the U.S. Reserves. The employer must pay a maximum of 168 hours per calendar year to an employee engaged in active state service.