Parental Leave

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Parental Leave

Beginning July 1, 2025, paid parental leave for eligible employees may be available pursuant to the Alabama Public Employee Paid Parental Leave Act of 2025 in conformance with Alabama Code Section 36-6A-1, et seq., under the terms and conditions set forth in this policy.

A. Definitions

Unless stated otherwise herein, terms in this Policy shall have the same definition as provided in Alabama Code § 36-6A-1, et seq.

  1. Base Pay is defined as the eligible employee's current, ordinary rate of pay as reasonably determined by the college. Any supplement/stipend awarded for additional duties (such as $400 monthly division chair supplement, head librarian supplement, second-in-command pay, or extra duty pay of any kind) will not be considered part of base pay and shall not be paid while the eligible employee is on paid parental leave. Any supplement that is not tied to additional work (such as a doctorate degree supplement) will be a part of base pay.
  2. Healthcare Professional is defined as a physician, physician assistant, nurse practitioner, or midwife who is licensed to practice in his or her respective field in the State of Alabama.
  3. Miscarriage is defined as "[t]he loss of an unborn child at or after 12 weeks gestation and is confirmed in writing by a healthcare professional." The term does not include an abortion as defined in Alabama Code Section 26-23H-3 unless necessary to prevent a serious health risk to the unborn child's mother as permitted under Alabama Code Section 26-23H-4.
  4. Qualifying Event is defined as the birth, stillbirth, or miscarriage of an eligible employee's child, or certain adoption placements which meet the requirements for parental leave.
  5. Stillbirth is defined as "[t]he loss of an unborn child at or after 20 weeks gestation that is confirmed in writing by a healthcare professional." The term does not include an abortion as defined in Alabama Code Section 26-23H-3 unless necessary to prevent a serious health risk to the unborn child's mother as permitted under Alabama Code Section 26-23H-4.

B. Parental Leave

An eligible employee shall be entitled to the following:

  1. 8 weeks of paid parental leave for a mother in connection with the birth, stillbirth, or miscarriage of her child.
  2. 2 weeks of paid parental leave for a father in connection with the birth, stillbirth, or miscarriage of his child.
  3. 8 weeks of paid parental leave in connection with the placement of a child with an eligible employee for adoption, provided the child is three years of age or younger at the time that he or she is placed with the eligible employee.

If parents who jointly adopt a child are both eligible employees of either ACCS, a community college, a local education agency, or a state agency, one parent shall be entitled to eight weeks of parental leave and one parent shall be entitled to two weeks of parental leave in connection with the adoption. Coordination and documentation between the two employing entities will be required.

C. Eligible Employee

  1. An employee is eligible for Parental Leave if the employee is both:
  2. An employee is not eligible for Parental Leave if the employee is an adjunct, part-time employee who is not on Schedule H, or an on-call, seasonal, hourly, or temporary employee. In addition, most Schedule L employees and some contract employees also do not meet this definition.

a. Full-time with entitlement to leave benefits with the college (such as those on Schedules B, C, D, E, H and some contract employees who earn leave like a Schedule B, C, D, E, H employee); and

b. Has been employed with the college in a full-time position with leave benefits for at least 12 consecutive months immediately preceding the occurrence of a qualifying event.

D. Establishing Eligibility

  1. Prior to granting parental leave, the college requires the employee to complete a Parental Leave certification form. This form can be obtained by request from the Office of Human Resources.
  2. In addition to the certification form, the college shall require an employee requesting parental leave to provide acceptable proof in support of the request for parental leave.
    1. For birth/stillbirth, acceptable forms of proof would include but are not limited to a birth or stillborn certificate with the employee's name listed as parent.
    2. For stillbirth/miscarriage, acceptable forms of proof would include appropriate healthcare professional certification with employee name listed as parent.
    3. For adoption placement, acceptable forms of proof include but may not be limited to a birth certificate for the adoptee, formal placement documentation such as affidavits or government agency letters, and formal adoption proceeding documentation.

  3. An eligible employee may not take parental leave under this policy unless he or she meets all of the following requirements:

    1.  Submits a completed certification as set forth in Paragraph (D)(1); and
    2. At least 30 calendar days prior to the use of the parental leave, the eligible employee shall provide by email to the President, the immediate supervisor, and the Executive Human Resources Director a written plan regarding his or her intended use of the parental leave and any other leave he or she intends to take in connection with a qualifying event, in conjunction with the submission of an Employee Leave Request form(s); and
    3. The eligible employee shall agree in writing that he or she will not separate from employment with the college for a period of at least eight weeks following the conclusion of any leave taken in connection with a qualifying event, in any form or agreement required by the college. This should be done in a written letter to the President from the employee.
       
      1. Any periods of leave, whether paid or unpaid, or other periods of non-duty status (e.g., use of accrued leave balances, unpaid leave, compensatory time, college closures, holidays) will not count toward the 8-week work obligation.
      2. The 8-week obligation will not begin until after all intermittent or reduced schedule leave, as well as any other leave associated with the qualifying event, has been completed.
      3. The term "separate from employment" includes any form of employment separation, including involuntary termination.
         

    4. In the event of an emergency that prevents an eligible employee from completing the requirements of paragraph (D)(3) prior to taking parental leave, the eligible employee shall complete the requirements as soon as practicable, and in no event later than 14 calendar days after the emergency has ended, including providing sufficient documentation to establish a qualifying condition and emergent event.

 

E. Leave Prior to Qualifying Event

If an employee desires to take paid parental leave before the occurrence of a qualifying event, the employee must comply with all of the requirements of Paragraph (D) above and provide acceptable proof in support of the early request for leave.

  1. Prior to the qualifying event, "in connection with the birth" shall mean the eligible employee is:

    a. Attending prenatal appointments or other visits to a Healthcare Provider due to the expected birth of a child;
    b. Hospitalized in expectation of the birth of a child or due to a related condition; or
    c. On leave due to a Healthcare Provider's order requiring the mother to limit her physical activity.

  2. Prior to the qualifying event, "in connection with the placement of a child for adoption" shall mean the eligible employee is:

    a. Meeting with an attorney;
    b. Hosting in-home visits;
    c. Attending judicial proceedings;
    d. Attending counseling sessions;
    e. Submitting to physical examination; or
    f. Traveling to another country to complete the adoption.

  3. The term does not include foster care or any temporary or non-adoption placement.

F. Compensation

Parental leave under this policy shall be paid at 100 percent of the eligible employee's base pay, as if the employee worked continuously during the leave period.

G. Duration

  1. Parental leave may only be used during the 365 days following a qualifying event or within 365 days of first taking such leave, whichever is sooner.
     
  2. Leave may be taken continuously, intermittently, or on a reduced schedule, provided:

    a. The employee maintains a continuing parental role (e.g., bonding with or caring for the child). Misuse (e.g., using time for second jobs or vacation without the child) is a violation.
    b. The college agrees in advance to any intermittent or reduced schedule leave.

H. Restoration to Position

Upon expiration of leave, the college shall restore the employee to their previous position or an equivalent one with the same benefits, pay, and status.

I. Failure to Comply

Failure to comply may result in denial or recovery of paid leave through offsets, leave without pay, etc. If an employee breaches a return-to-work agreement, the college will recover an amount equal to the hourly rate multiplied by missed hours, subject to Fair Labor Standards Act compliance.

J. Limitations

  1. Employees are not required to exhaust other leave types before using parental leave.
  2. Only one qualifying event per 365-day period qualifies for leave.
  3. Additional leave beyond parental leave must follow existing college policies.
  4. Employees must follow general college leave practices unless contradictory.
  5. Leave under this policy runs concurrently with FMLA and Alabama Code § 25-1-61.
  6. Parental leave has no cash value and cannot be rolled over or used for retirement benefit calculations.
  7. The return-to-work agreement may be waived by the college president for valid serious health reasons but is not required to be waived.
  8. Effective Date: This policy is not effective until July 1, 2025. Events prior to this date are not eligible.