Adoption Leave: Alabama

This Adoption Leave policy applies to eligible employees in Alabama under Alabama's adoption leave parity requirement (Ala. Code 25-1-61) and the federal Family and Medical Leave Act (29 U.S.C. 2611 et seq.), and it explains how your organization will handle time off for the placement of a child for adoption when paid parental leave is offered.

The History Behind Adoption Leave Policies in Alabama

Adoption leave policies in Alabama grew out of the same pressure that shaped many Family & Self Care Leaves practices nationwide: employees needed time away from work for a new child, and employers needed a consistent way to handle it. The federal Family and Medical Leave Act (FMLA) made that need concrete in 1993 by requiring covered employers to provide up to 12 weeks of job-protected leave for placement of a child for adoption or foster care. Courts and the U.S. Department of Labor treated adoption as a core FMLA use case, which pushed employers to document how adoption leave works, how notice works, and how it coordinates with other leave.

Alabama added its own wrinkle in 2019 with Ala. Code 25-1-61, which targets a common workplace gripe: paid parental leave that only covers birth parents. The statute requires equal treatment for adoptive parents when an employer offers paid leave for the birth of a child, so long as the employee is otherwise eligible under the employer's plan. That rule did not create a statewide paid adoption leave mandate, but it did make parity a compliance issue for Alabama employers that offer paid parental leave. Some employers responded by writing adoption leave policies that tie paid time off to the same conditions used for birth-related paid leave, but many others simply ensured their existing Parental Leave policies extended eligibility to adoptive parents too.

Which Law is the Adoption Leave Policy Meant to Comply With?

If you create and distribute an Adoption Leave Policy for your Alabama-based employees, it is in an effort to comply with Alabama's Code of Alabama Section 25-1-61 and the federal Family and Medical Leave Act (29 U.S.C. 2611).

How to Write an Alabama-Specific Adoption Leave Policy

• Start with "why" and introduce the concept, adoption leave supports employees taking time off for a child's placement through adoption and may be covered by FMLA.
• Explain that Alabama adoption leave pay matches any paid leave your organization offers for childbirth for eligible employees who adopt.
• State that paid adoption leave runs at the same time as FMLA leave when FMLA applies.
• Direct employees to follow your organization's FMLA notice process for requesting adoption leave.
• Include a non-retaliation commitment for requesting or taking adoption leave under the policy.

When to Include this Policy in Your Employee Handbook

The law does not require you to publish a policy or issue a specific notice. That said, you still have to comply with the requirements that apply to you as an employer. 

Most employers can skip a policy on this and be fine, as long as they comply behind the scenes when it applies. Consider adding it only if you have employees who are likely to run into this situation, your industry makes it more relevant, or your existing Parental Leave policy creates a gap that you cannot fill by amending that policy. Otherwise, this could also be handled as a targeted procedure or an one-off communication when the scenario actually comes up. 

Other Considerations

The law applies to Alabama employers who have at least 50 employees working in the US.

Exceptions

None.