Alabama Paid Leave Laws: Sick Leave, Family Leave & FMLA (2026)
⚠️Informational only — not legal or tax advice.
Last Updated: March, 2026
Last Reviewed: March, 2026
Applicable Period: 2026
Jurisdiction: State of Alabama, United States
Update Schedule: Quarterly reviews in 2026; annual reviews thereafter
Table of Contents
- Introduction
- Quick Reference — Alabama Paid Leave Snapshot
- Paid Sick Leave in Alabama
- Paid Family & Medical Leave in Alabama
- Maternity, Paternity & Parental Leave in Alabama
- Federal FMLA in Alabama
- Other Protected Leave Categories in Alabama
- Updates & Recent Legislative Changes in Alabama
- How to File a Paid Leave Complaint in Alabama
- Interstate Considerations for Remote Workers in Alabama
- Frequently Asked Questions
- Sources & Verification Log
Introduction
Alabama does not require private employers to provide paid sick leave under any statewide statute. Alabama does not operate a state-funded paid family and medical leave (PFML) program. At the federal level, the Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave and serves as the primary family and medical leave protection for private-sector workers in Alabama. In 2025, the Alabama Legislature enacted the Alabama Public Employee Paid Parental Leave Act (Act 2025-81), extending paid parental leave to eligible state employees, K-12 public school educators, and community college employees — a benefit that does not extend to private-sector workers. This page compiles current requirements from the Alabama Department of Workforce, the Alabama Legislature, and the U.S. Department of Labor. For a full overview of Alabama workplace protections, see the Alabama employment law page.
Quick Reference — Alabama Paid Leave Snapshot
| Alabama Paid Leave Snapshot (2026) | |
|---|---|
| Category | Status |
| Mandatory Paid Sick Leave | No state mandate |
| Governing Statute | None — no statewide private-sector paid sick leave law |
| Administering Agency | Alabama Department of Workforce |
| Accrual Rate | N/A — employer policy governs |
| Annual Cap | N/A — employer policy governs |
| Paid Family & Medical Leave Program | No state program |
| PFML Program Name | N/A — Federal FMLA Only |
| PFML Weekly Benefit (Maximum) | N/A |
| Voluntary PFL Insurance Available | Yes — private market authorized under Ala. Code §§27-19-150 et seq. (effective July 2023) |
| Public Employee Paid Parental Leave | Yes — Act 2025-81 (Ala. Code §36-6A-1 et seq.), effective July 1, 2025 |
| FMLA Applies | Yes (federal baseline — all covered employers) |
| Information Current As Of | March 2026 |
Sources: Alabama Department of Workforce — adol.alabama.gov · U.S. DOL FMLA — dol.gov/agencies/whd/fmla · Alabama Legislature — alison.legislature.state.al.us
Paid Sick Leave in Alabama
Alabama does not mandate paid sick leave for private-sector employers. No statewide statute requires private employers to provide paid or unpaid sick leave beyond federal FMLA protections. The Alabama Department of Workforce directs all sick leave and FMLA questions to the U.S. Department of Labor’s Wage and Hour Division, as Alabama imposes no additional state-level requirements. (adol.alabama.gov) Sick leave benefits in the private sector are determined entirely by employer policy or employment contract. No Alabama municipality has enacted a local paid sick leave ordinance as of March 2026. Current bill tracking is available at alison.legislature.state.al.us.
Alabama has authorized voluntary private paid family leave insurance products under Ala. Code §§ 27-19-150 et seq. (effective July 2023), following the legislative model endorsed by the National Council of Insurance Legislators (NCOIL). Employer participation is not mandatory. Carriers approved by the Alabama Department of Insurance may offer group paid family leave policies to employers who elect to purchase them — insurance.alabama.gov.
Paid Family & Medical Leave in Alabama
Alabama does not operate a state-funded paid family and medical leave program. Private-sector workers who need family or medical leave rely on the federal FMLA (Section 4 below) and any employer-provided benefits. Employers may voluntarily purchase paid family leave insurance coverage through the private market authorized under Ala. Code §§ 27-19-150 et seq., but no employer is required to do so. For context on states with mandatory PFML programs, see New Jersey paid leave laws and Colorado paid leave laws.
Maternity, Paternity & Parental Leave in Alabama
How Long Is Maternity Leave in Alabama?
Maternity leave in Alabama for private-sector employees is up to 12 workweeks of unpaid, job-protected leave under the federal FMLA — provided the employee meets FMLA eligibility requirements. There is no state-paid maternity leave program and no state pregnancy disability benefit for private-sector workers. For eligible public employees — state workers, K-12 teachers, and community college staff — Act 2025-81 (Ala. Code § 36-6A-1 et seq., effective July 1, 2025) provides 8 weeks of paid parental leave at 100% of base pay for the birthing parent following birth, stillbirth, or qualifying miscarriage. (dol.gov/agencies/whd/fmla) · (governor.alabama.gov)
Is Maternity Leave Paid in Alabama?
Maternity leave is unpaid for private-sector employees in Alabama. FMLA provides job protection and health insurance continuation but does not require wage replacement. Options that may provide income during leave include employer-provided short-term disability insurance, employer PTO or sick leave policies, and voluntary group paid family leave insurance where an employer has purchased coverage under Ala. Code §§ 27-19-150 et seq. — none of which are mandated by law. Eligible public employees under Act 2025-81 receive 100% of base pay for qualifying paid parental leave periods. (Ala. Code § 36-6A-1 et seq.)
Paternity Leave and Parental Leave in Alabama
For private-sector employees, paternity leave in Alabama is governed solely by the federal FMLA. Eligible fathers and non-birthing parents may take up to 12 weeks of unpaid, job-protected FMLA leave to bond with a newborn or newly placed adoptive or foster child during the first 12 months following the qualifying event — the same entitlement available to birthing parents. Under Act 2025-81, eligible male public employees receive 2 weeks of paid parental leave for birth, stillbirth, or qualifying miscarriage; for adoption of a child age 3 or younger, one eligible parent receives 8 weeks, with the other receiving 2 weeks if also an eligible employee. (dol.gov/agencies/whd/fmla) · (Ala. Code § 36-6A-1 et seq.)
Federal FMLA in Alabama
The Family and Medical Leave Act (FMLA) is the dominant family and medical leave protection for Alabama workers. Because Alabama has no state paid sick leave law and no state PFML program, FMLA represents the primary statutory entitlement for eligible employees needing time away from work for qualifying reasons. The Alabama Department of Workforce directs all FMLA questions to the U.S. Department of Labor’s Wage and Hour Division. (adol.alabama.gov)
FMLA Coverage and Eligibility
Covered employers under the FMLA include private employers with 50 or more employees within a 75-mile radius of the worksite, all public agencies (federal, state, and local governments) regardless of size, and all public and private elementary and secondary schools regardless of size.
Eligible employees must satisfy all three criteria: (1) employed by a covered employer for at least 12 months (not necessarily consecutive); (2) worked at least 1,250 hours during the 12-month period immediately preceding the leave; and (3) work at a location where the employer has 50 or more employees within a 75-mile radius.
Leave entitlement: Up to 12 workweeks of unpaid, job-protected leave in any 12-month period. Up to 26 workweeks during a single 12-month period for military caregiver leave. During FMLA leave, the employer must maintain the employee’s group health plan coverage on the same terms as if the employee had continued working. Upon return, eligible employees must be restored to the same or an equivalent position with equivalent pay, benefits, and terms of employment. (dol.gov/agencies/whd/fmla)
Qualifying Reasons Under FMLA
The following reasons qualify for FMLA-protected leave in Alabama:
- Birth of a child and care for the newborn during the first 12 months following birth
- Placement of a child for adoption or foster care and care for the newly placed child during the first 12 months following placement
- Care for a spouse, child, or parent with a serious health condition
- The employee’s own serious health condition that renders the employee unable to perform essential job functions
- A qualifying military exigency arising from the covered active duty of the employee’s spouse, child, or parent
- Care for a covered servicemember or covered veteran with a serious injury or illness (up to 26 weeks in a single 12-month period)
A “serious health condition” means an illness, injury, impairment, or physical or mental condition involving inpatient care or continuing treatment by a health care provider. (dol.gov/agencies/whd/fmla)
Is FMLA Paid or Unpaid in Alabama?
FMLA leave in Alabama is unpaid. The statute guarantees job protection and health insurance continuation but does not require wage replacement during the leave period. Alabama has no state paid family and medical leave program that would run concurrently with FMLA to provide wage replacement — a key distinction compared to states such as Washington or Massachusetts, where state PFML programs pay a percentage of wages during qualifying leave.
Employees may use accrued paid leave — including sick leave, vacation, or PTO — concurrently with FMLA if the employer’s policy permits or requires it. Employers may also require employees to substitute available accrued paid leave during FMLA leave. The substitution of paid leave does not extend the 12-week FMLA entitlement. (dol.gov/agencies/whd/fmla)
Does FMLA Apply to Small Businesses in Alabama?
FMLA does not apply to private employers with fewer than 50 employees within a 75-mile radius of the employee’s worksite. Alabama has no state family leave law extending equivalent protections to smaller employers. Employees of small businesses in Alabama who do not qualify for FMLA have no statutory entitlement to job-protected family or medical leave — their leave rights depend entirely on employer policy or contract terms. Public agencies, including state and local governments and public schools, are covered by FMLA regardless of size. (dol.gov/agencies/whd/fmla)
FMLA Notice, Documentation, and Employee Rights
Employees must provide 30 days advance notice when leave is foreseeable, and notice as soon as practicable when it is not. Employers may require medical certification from a health care provider; employees must provide complete certification within the timeframe specified by the employer, which must be at least 15 calendar days. Failure to provide timely, complete certification may result in denial of FMLA protection. Covered employers are required to post the FMLA notice in a conspicuous location — the DOL poster is available at dol.gov/agencies/whd/fmla. FMLA leave may be taken intermittently or on a reduced schedule when medically necessary, with the total entitlement remaining 12 workweeks per 12-month period. (dol.gov/agencies/whd/fmla)
Other Protected Leave Categories in Alabama
Bereavement Leave
Alabama does not require private employers to provide bereavement leave. State employees may take up to 3 days of bereavement leave with pay under Alabama State Personnel Board rules, subject to reimbursement from accrued sick leave. (admincode.legislature.state.al.us)
Jury Duty Leave
Alabama law requires all employers to provide paid leave for employees summoned for jury duty. Employers may not require use of vacation or sick leave for jury service, and retaliation is prohibited. (Code of Ala. 1975 — alison.legislature.state.al.us)
Voting Leave
Alabama law requires employers to provide up to 1 hour of paid leave to vote where the employee lacks 2 or more non-working hours available for that purpose on election day. (Ala. Code § 17-1-5 — alisondb.legislature.state.al.us)
Military Leave
USERRA provides federal job protection for private-sector employees taking military leave. State employees receive up to 168 hours of paid military leave per federal fiscal year. (admincode.legislature.state.al.us)
Updates & Recent Legislative Changes in Alabama
What Changed in Alabama Paid Leave Laws in 2025–2026?
Alabama Public Employee Paid Parental Leave Act of 2025 (Act 2025-81 / SB199) — Effective July 1, 2025
Governor Kay Ivey signed SB199 on April 3, 2025, codified at Ala. Code § 36-6A-1 et seq. The law provides paid parental leave at 100% of base pay to eligible state government employees, K-12 public school teachers, and Alabama Community College System employees with at least 12 consecutive months of employment. Key provisions:
- Birth of a child: birthing parent receives 8 weeks of paid leave; non-birthing parent receives 2 weeks
- Stillbirth or miscarriage at or after 12 weeks of pregnancy: birthing parent receives 8 weeks
- Adoption of a child age 3 or younger: one eligible parent receives 8 weeks; the other receives 2 weeks if also an eligible employee
- Leave must be taken within 365 days of the qualifying event
- Paid parental leave runs concurrently with available FMLA leave
- Employees are not required to exhaust other accrued leave before using paid parental leave
(governor.alabama.gov) · (alison.legislature.state.al.us)
Alabama Voluntary Paid Family Leave Insurance Market — Active Since August 2023
Alabama authorized private insurance carriers to offer voluntary group paid family leave insurance under Ala. Code §§ 27-19-150 et seq., effective July 2023. Carrier filing with the Alabama Department of Insurance was authorized beginning August 1, 2023. No employer is required to participate. (insurance.alabama.gov)
Pending Legislation
As of March 2026, no legislation establishing mandatory statewide paid sick leave or a state-run PFML program for private-sector workers has passed the Alabama Legislature. Current bill tracking: alison.legislature.state.al.us.
How to File a Paid Leave Complaint in Alabama
Filing a Paid Sick Leave Complaint
Alabama has no state paid sick leave law and therefore no state complaint process for private-sector sick leave disputes. The Alabama Department of Workforce refers FMLA and wage-related inquiries to the U.S. Department of Labor. (adol.alabama.gov)
Filing an FMLA Complaint in Alabama
Employees who believe their FMLA rights have been violated may file a complaint with the U.S. Department of Labor’s Wage and Hour Division:
- WHD complaint portal: dol.gov/agencies/whd/contact/complaints
- WHD toll-free phone: (866) 487-9243 · Birmingham District Office: (205) 536-3076
- Statute of limitations: 2 years from the date of the violation; 3 years for willful violations
- Employees may also bring a private lawsuit against an employer for FMLA violations.
Interstate Considerations for Remote Workers in Alabama
Paid leave laws generally apply based on where the employee performs work, not where the employer is headquartered. A remote worker physically located in Alabama who is employed by a company headquartered in a state with mandatory paid sick leave may be subject to that state’s law depending on the statute’s applicability provisions. Multi-state employers with Alabama workers should verify whether applicable state PFML or sick leave statutes extend coverage based on the employment relationship. The Alabama Department of Workforce confirms that all FMLA questions for Alabama workers are handled through the federal WHD. (adol.alabama.gov) For more on how remote work intersects with Alabama law, see Alabama remote work laws.
Frequently Asked Questions — Alabama Paid Leave
How does FMLA work in Alabama?
The federal FMLA provides eligible employees of covered Alabama employers up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. Covered employers are those with 50 or more employees within 75 miles of the worksite; all public agencies are covered regardless of size. Eligible employees must have 12 months of employment and 1,250 hours worked in the prior 12 months. (dol.gov/agencies/whd/fmla)
How long is maternity leave in Alabama?
Maternity leave in Alabama for private-sector workers is up to 12 weeks of unpaid, job-protected leave under federal FMLA. There is no state-paid maternity leave program for private-sector employees. Eligible state employees, K-12 teachers, and community college staff may receive 8 weeks of paid parental leave under Act 2025-81 (effective July 1, 2025). (dol.gov/agencies/whd/fmla) · (Ala. Code § 36-6A-1 et seq.)
Is maternity leave paid or unpaid in Alabama?
Maternity leave is unpaid for private-sector employees. FMLA guarantees job protection but not wage replacement, and Alabama has no state PFML program. Eligible public employees under Act 2025-81 receive paid parental leave at 100% of base pay. (dol.gov/agencies/whd/fmla)
Who is eligible for FMLA in Alabama?
Eligible employees must: work for a covered employer (50+ employees within 75 miles, or any public agency); have been employed for at least 12 months; and have worked at least 1,250 hours in the preceding 12 months. All three criteria must be met simultaneously. (dol.gov/agencies/whd/fmla)
Is FMLA leave paid in Alabama?
FMLA leave is unpaid. The statute requires job protection and health insurance continuation but not wage replacement. Alabama has no state program providing paid benefits during FMLA leave. Employees may use accrued paid leave concurrently if employer policy permits. (dol.gov/agencies/whd/fmla)
Does Alabama have paid sick leave?
Alabama does not have a statewide paid sick leave law for private employers. No statute requires private-sector employers to provide paid or unpaid sick leave. Sick leave in the private sector is governed entirely by employer policy. (adol.alabama.gov)
Does Alabama have paid family leave?
Alabama does not have a state-run paid family and medical leave program for private-sector workers. A voluntary private insurance market is authorized under Ala. Code §§ 27-19-150 et seq., allowing employers to purchase group paid family leave coverage, but no employer is required to do so. Eligible public employees have paid parental leave under Act 2025-81. (alison.legislature.state.al.us)
How many sick days are required in Alabama?
Alabama law requires no minimum number of sick days for private-sector employees. Any sick leave offered is entirely at the employer’s discretion. (adol.alabama.gov)
Does FMLA apply to small businesses in Alabama?
FMLA does not apply to private employers with fewer than 50 employees within 75 miles of the employee’s worksite. Alabama has no state law extending equivalent protections to small businesses. Employees of small businesses in Alabama have no statutory entitlement to job-protected family or medical leave beyond what an employer chooses to offer. (dol.gov/agencies/whd/fmla)
How long is paternity leave in Alabama?
Eligible private-sector fathers may take up to 12 weeks of unpaid FMLA leave to bond with a newborn or newly placed child during the first 12 months following the qualifying event. Eligible male public employees receive 2 weeks of paid parental leave under Act 2025-81. (dol.gov/agencies/whd/fmla) · (Ala. Code § 36-6A-1 et seq.)
Can an employer deny FMLA leave in Alabama?
A covered employer may deny FMLA leave if the employee does not meet eligibility requirements or fails to provide required notice or medical certification. Denying valid FMLA requests from eligible employees of covered employers constitutes unlawful interference under 29 U.S.C. § 2601 et seq. Employees may report violations to the U.S. DOL WHD. (dol.gov/agencies/whd/contact/complaints)
What options exist for paid maternity leave in Alabama for private-sector workers?
Private-sector workers in Alabama have no statutory right to paid maternity leave. Potential income sources during leave include employer-provided short-term disability insurance, employer PTO or sick leave policies, and voluntary group paid family leave insurance purchased by the employer under Ala. Code §§ 27-19-150 et seq. None are mandated by Alabama or federal law. (alison.legislature.state.al.us)
Does Alabama have a voluntary paid family leave insurance program?
Yes. Alabama authorized private insurance carriers to offer voluntary group paid family leave insurance under Ala. Code §§ 27-19-150 et seq. (effective July 2023), following the NCOIL model. Employer participation is not mandatory. Qualifying reasons for benefits include care for a family member with a serious health condition and other leave reasons specified in the individual policy. (alison.legislature.state.al.us)
Does the Alabama Public Employee Paid Parental Leave Act cover private-sector workers?
No. Act 2025-81 (Ala. Code § 36-6A-1 et seq.) applies only to eligible state government employees, K-12 public school teachers, and Alabama Community College System employees who have completed at least 12 consecutive months of employment. Private-sector workers are not covered. (governor.alabama.gov)
Where can Alabama workers get help with FMLA questions?
The Alabama Department of Workforce directs all FMLA questions to the U.S. Department of Labor’s Wage and Hour Division at (866) 487-9243 or dol.gov/agencies/whd. (adol.alabama.gov)
Sources & Verification Log
| Sources & Verification Log — Alabama Paid Leave Laws | |||
|---|---|---|---|
| Section | Source | URL | Date Verified |
| FMLA (all sections) | U.S. Department of Labor — Wage and Hour Division | dol.gov/agencies/whd/fmla | March 2026 |
| FMLA Complaints | U.S. Department of Labor WHD Complaint Page | dol.gov/agencies/whd/contact/complaints | March 2026 |
| FMLA/Sick Leave FAQ — State Referral | Alabama Department of Workforce | adol.alabama.gov/faq | March 2026 |
| No Paid Sick Leave Mandate | Alabama Department of Workforce | adol.alabama.gov | March 2026 |
| Voluntary PFL Insurance (NCOIL model) | Ala. Code §§27-19-150 et seq. — Alabama Legislature | alisondb.legislature.state.al.us | March 2026 |
| Voluntary PFL Insurance Regulator | Alabama Department of Insurance | insurance.alabama.gov | March 2026 |
| Public Employee Paid Parental Leave — Governor Announcement | Office of the Governor, Alabama | governor.alabama.gov | March 2026 |
| Public Employee Paid Parental Leave — Statute | Ala. Code §36-6A-1 et seq. | alisondb.legislature.state.al.us | March 2026 |
| Public Employee PPL — Personnel Board Rule | Alabama Administrative Code Rule 670-X-15-.08 | admincode.legislature.state.al.us | March 2026 |
| Voting Leave | Ala. Code §17-1-5 | alisondb.legislature.state.al.us | March 2026 |
| State Employee Bereavement / Military Leave | Alabama Administrative Code Chapter 670-X-15 | admincode.legislature.state.al.us | March 2026 |
| Bill Tracking | Alabama Legislature (ALISON) | alisondb.legislature.state.al.us | March 2026 |