Leave policies is important for both employers and employees. In Alabama leave laws, especially those related to Paid Time Off (PTO), are influenced by both federal and state rules. Alabama does not require employers to provide vacation, sick leave, or other types of leave, but there are still important details and protections to know about taking Day Off. This article explains Alabama’s leave laws, including vacation leave, sick leave, maternity and paternity leave, bereavement leave, jury duty leave, military leave, voting leave, and state holidays. Whether you are an employer making leave policies or an employee learning about your rights.
Paid Time Off (PTO) in Alabama
Leave Quota
In Alabama, there are no legal requirements for employers to provide vacation leave. Both federal and state laws do not mandate that employers offer either paid or unpaid vacation time to their employees. However, if an employer decides to offer vacation leave, it must comply with the relevant state laws, established company policies, or employment contracts. In unionized workplaces, vacation leave, whether paid or unpaid, is a mandatory subject of collective bargaining.
Accrual
Employers in Alabama are not obligated to pay out accrued vacation leave upon termination. There is no federal or state law that requires employers to compensate employees for accrued vacation, sick leave, or other paid time off when their employment ends.
Rollover
Alabama law does not prohibit “use-it-or-lose-it” policies regarding vacation leave. This means that employers can implement policies where employees forfeit unused vacation time at the end of the year. The specifics of such policies depend on the employer’s established contract and policy.
Payout
There are no state statutes in Alabama governing the payment of vacation time. According to court cases like Amoco Fabrics and Fibers Co. v. Hilson, 669 So. 2d 832, 835 (Ala. 1995), employers are not legally required to pay for unused vacation time upon termination unless their policies or contracts stipulate otherwise.
Payment of Accrued, Unused Vacation on Termination
Alabama state law does not explicitly mandate the payment of accrued, unused vacation time upon termination. Employers can establish policies or contracts that disqualify employees from receiving payment for accrued vacation if they do not meet specific requirements, such as giving a two-week notice. This is supported by cases like ISS International Service Systems v. Alabama Motor Express, 686 So.2d 1184 (Ala. App. 1996). If an employer’s policy or contract requires the payment of unused vacation upon separation, then it must be honored.
Sick Leave in Alabama
State Laws - Leave Quota
Alabama law does not require employers in the private sector to provide sick leave, paid or unpaid. Many employers do offer sick leave as a benefit, but if they promise it, they must comply with their established policies or employment contracts. Private sector employees in Alabama only have rights guaranteed by federal law, such as the Family and Medical Leave Act (FMLA). State employees, however, receive 4 hours of sick leave for each biweekly service period.
Federal Laws - Leave Quota
Under the FMLA, Alabama employers must provide employees with 12 weeks of unpaid leave. Employees qualify for FMLA benefits if they have worked for their employer for at least 12 months, have worked a minimum of 1,250 hours over the past 12 months, and work at a location with at least 50 employees within a 75-mile radius.
Accruals
Alabama law does not obligate employers to pay out accrued sick leave when employees leave their jobs.
Maternity, Paternity, and FMLA in Alabama
Under federal law, Alabama employees are entitled to 12 weeks of unpaid maternity and paternity leave. The state does not have additional laws covering these types of leave. The FMLA provides at least 12 weeks of unpaid leave for new parents, applicable to both private and public sector employees, provided certain conditions are met.
Payout
Maternity and paternity leaves are unpaid in Alabama.
Bereavement Leave in Alabama
Employers in Alabama are not required by law to provide bereavement leave, paid or unpaid. There are no federal or state laws mandating time off for organizing or attending a close family member’s funeral.
Jury Duty Leave in Alabama
Alabama law requires employers to grant paid leave to full-time employees for jury duty. Employees must present a jury summons to their employer as evidence. Employers cannot require employees to use vacation, annual, or unpaid leave for jury duty. They must also pay employees their regular salary, without deductions for the jury service pay.
Military Leave in Alabama
Federal law (USERRA) and supplementary state laws require employers in Alabama to provide military leave. USERRA protects the employment rights of National Guard members called for federal service. State laws provide similar protections for state duty and offer paid leave for training or service up to 168 hours per calendar year.
Payout
USERRA does not require military leave to be paid, but employers must treat it similarly to other paid leaves.
Voting Leave in Alabama
Alabama law allows employees to take up to one hour of unpaid leave to vote in municipal, county, state, federal, primary, or general elections. Employees must provide reasonable notice to their employers, who can specify the hours for the leave. Proof of voting is not required.
Alabama State Holidays in 2024
Alabama leave laws does not require private employers to provide paid or unpaid holiday leave. Employers can require employees to work on holidays and are not required to pay a premium rate unless the employee qualifies for overtime. Alabama observes 11 state holidays.