Alabama education officials prepare emergency rules to implement new parental leave law starting July 1

State education staff told the State Board of Education at a public meeting that the legislature’s new parental leave law will take effect July 1 and that the department will publish an emergency rule to implement the law immediately, followed by a separate permanent rule subject to public comment.

The department’s presenter, identified in the transcript as Doctor Mackey, said the law provides eight weeks of paid leave for the birthing parent and two weeks for fathers, that the leave may be taken intermittently over 12 months and that it runs concurrently with family medical leave. The presenter said employees must have been employed for 12 months by a local board to qualify and that, under the law and draft rules, a superintendent must sign a leave plan before the leave begins.

Why it matters: the rules will determine how local school systems administer newly paid parental leave for teachers, bus drivers, secretaries and other employees; they also govern how the State Department of Education reimburses districts for substitute or coverage costs.

Most important facts - The law goes into effect July 1; the department will seek an emergency rule effective that date and will later publish a permanent rule after a public comment period. - The draft rule described in the meeting: eight weeks of paid leave for a live birth (40 workdays referenced in discussion), two weeks for fathers, intermittent use allowed over 12 months, and the leave runs concurrently with family medical leave (12 weeks under federal rules). - The legislature appropriated $9,600,000 in the budget to reimburse districts at $120 per day for days covered by the leave. Department staff told the board that their estimates put the likely annual need higher (an internal estimate cited around $12,000,000) and that the department will ask the legislature to consider adjustments in a supplemental budget if required. - Staff said reimbursement will be submitted by districts as a total-day calculation; the department expects to reimburse $120 per day regardless of the substitute’s actual pay or whether the district hired a substitute.

Implementation and limits described in the meeting - Eligibility: employees must have been employed by a local board for at least 12 months prior to taking leave. - Timing: the leave can begin on the day of the qualifying event (for example, the birth) and may be taken intermittently during a 12-month window; it also may be delayed to align with the school calendar if needed. - Interaction with other leave: the paid parental leave is concurrent with family medical leave; employees cannot stack the full 8 weeks on top of an uninterrupted 12 weeks of unpaid family medical leave to create 20 weeks of protected time without using other accumulated leave. - Superintendent approval: the draft rule requires employees to submit a leave plan and receive superintendent approval before the leave begins; plans may be amended if circumstances change (for example, NICU stays). - Repayment condition: staff said the law contains a provision that employees who take the leave and then resign before working an additional required period (eight weeks was described in the discussion) may be required to repay benefits; staff said this will be implemented per the law and rules.

Budget and reimbursement Department presenters said the legislature set a reimbursement mechanism and an initial appropriation. Staff described these logistics: - Reimbursement rate: $120 per day, set in the budget act; it applies to all covered employees (teachers, bus drivers, secretaries, principals, superintendents) and to districts whether they hire a substitute or not. - Funding timing: the appropriation covers fiscal year 2026. Staff warned a timing gap exists for leave taken between July 1 and Sept. 30 of the current fiscal year; districts may need to pay those costs out of existing local funds until state reimbursement is available. - Data and claims: districts will submit counts of reimbursable days to the department for payment; the department expects to seek either midyear and year-end reimbursements or an end-of-year reconciliation rather than monthly payments.

Next steps stated in the meeting Staff said the department will present two items for board action: (1) an emergency rule to be effective July 1 and (2) a notice of intent to adopt a permanent rule, which will open a 35-day public comment period once published. Staff also invited public comment by email once the rule package is posted.

Quotes and attribution When asked about timing, a department presenter summarized the schedule for rulemaking and public comment. The transcript records the presenter saying the emergency rule will be effective July 1 and that the permanent rule will follow after publication and a comment period. The transcript also records staff explaining, "We reimburse districts at $120 a day," and that "you must be employed by a local board for 12 months to take advantage of it." Those statements were made by the department presenter and other staff identified in the transcript.

Outstanding questions noted by staff Board members and staff raised several practical questions that the rule package and future guidance must address, including: how districts will record and request reimbursements, whether the $120-per-day rate will be sufficient for districts that pay long-term substitutes higher wages, and how the department will handle claims for employees who take leave before the law’s effective date. Staff said they will continue coordination with the two-year college system and the state personnel board to align rules across state higher-education and state personnel systems.

Ending note Staff asked the board to expect an emergency-rule vote at the next meeting and to accept public comments after the department publishes the permanent-rule notice; staff also said they will provide additional written guidance and logistics to local superintendents and CFOs as the first days of implementation approach.