The Alabama Adoption Promotion Act was passed July 1, 2022. This act mandates that qualifying employers in Alabama provide eligible employees with up to 12 weeks of unpaid leave for the birth or care of a child during the first year after the child’s birth, or for the placement of an adopted child. The Alabama Adoption Promotion Act also requires employers who offer paid leave to biological parents to extend the same benefits to adoptive parents.
The Alabama Adoption Promotion Act leave runs concurrently with any other leave provided under federal law. Employers cannot penalize employees for taking family leave and must consider requests for additional leave for the adoption of an ill or disabled child similarly to complications arising from childbirth. Employers must review and possibly revise their handbooks and policies to ensure compliance with the new law.
When Does the 12 Weeks of Alabama Adoption Promotion Act Eligibility Begin?
The Alabama Adoption Promotion Act does not explicitly state whether the 12 weeks of eligibility begins at the child’s birth or after a woman is no longer disabled post-childbirth.
The Alabama Adoption Promotion Act specifies that leave is for “the birth and care of a child born to the employee” (Ala. Code § 25-1-61(b)(1)). This suggests that the 12-week period begins at the child’s birth. Thus, it can be interpreted that Alabama Adoption Promotion Act leave starts from the time the child is born.
It’s important to note that if a woman experiences complications from pregnancy or childbirth that limit a major life activity, she may be considered disabled under the Americans with Disabilities Act (ADA) and entitled to reasonable accommodation, including leave. This is separate from the Alabama Adoption Promotion Act leave.
Does Prior Family Medical and Leave Act (FMLA) Taken Reduce Available Alabama Adoption Promotion Act Leave?
The Alabama Adoption Promotion Act’s language is unclear on whether prior FMLA leave reduces Alabama Adoption Promotion Act leave. However, it does state that unpaid family leave runs concurrently with any federal leave provided (Ala. Code § 25-1-61(b)(1)).
In states with similar laws, prior FMLA leave for an employee’s serious health condition does not reduce leave available under state family leave laws if the state law does not cover leave for the employee’s health condition. For example:
- California: Pregnancy disability leave (PDL) runs concurrently with FMLA leave, but PDL is separate from California Family Rights Act (CFRA) leave. Thus, employees can take up to four months of PDL and 12 weeks of CFRA leave if eligible.
- Hawaii: FMLA leave for an employee’s serious health condition does not affect the four weeks available under the Hawaii Family Leave Law.
- New Jersey: The New Jersey Family Leave Act (NJFLA) only covers leave to bond with a new child or for a family member’s condition, while FMLA covers the employee’s serious condition, including pregnancy or recovery from childbirth. Therefore, NJFLA leave can be taken after FMLA leave for pregnancy or childbirth recovery.
Ultimately, the Alabama Adoption Promotion Act’s 12 weeks of eligibility likely begins at the child’s birth based on the language of the Act and the interpretation of similar laws. Additionally, FMLA leave taken for an employee’s serious health condition likely does not reduce Alabama Adoption Promotion Act leave, as the Alabama Adoption Promotion Act does not cover this purpose.
Employers should carefully review their policies and consult legal counsel to ensure compliance with both federal and state family leave laws, particularly when an employee seeks extended leave or additional leave due to disability. This is essential to navigate the complex interplay of statutory, contractual, and policy considerations effectively.