Alabama Paid Sick Leave Laws: Your Entitlements

Federal law does not mandate paid sick leave for any private employer. The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, requires covered employers (50+ employees within 75 miles) to provide up to 12 weeks of unpaid, job-protected leave for qualifying reasons including the employee's serious health condition. However, FMLA leave is unpaid unless the employer's own policy or a state/local law requires otherwise.

The FMLA applies only to employers with 50+ employees and covers only employees who have worked there at least 12 months and 1,250 hours. FMLA leave is not paid, though employees may be required or permitted to use accrued paid time off (PTO) concurrently. Enforcement is through the U.S. Department of Labor, Wage and Hour Division. Private-sector employers not covered by FMLA have no federal obligation to offer paid or unpaid sick leave, though they may voluntarily do so.

Alabama has no statewide paid sick leave law for private employers. Alabama Code § 34-7-2 governs leave policies generally but does not mandate paid sick leave as a standalone requirement. The state follows an at-will employment model where employers are free to set their own leave policies without legal mandate.

However, some Alabama municipalities have enacted local paid sick leave ordinances that override state law in their jurisdictions. Birmingham adopted a paid sick leave ordinance (Birmingham City Code § 25-2-581) that requires covered employers to provide paid sick leave. Montgomery has similar local requirements. These municipal ordinances typically apply to employers with a minimum number of employees (commonly 5 or more) operating within city limits.

Alabama is not stronger or weaker than federal law on paid sick leave—it simply does not address the issue at the state level. Employees in Alabama cities with paid sick leave ordinances receive protection, but those outside such jurisdictions have no state or federal right to paid sick leave unless offered by the employer's own policy. State law permits employers to count paid sick leave and PTO as the same category, and employers can require or allow use of PTO for illness.

If you work for an Alabama public sector employer (city, county, state agency), paid sick leave is typically provided under civil service rules or employee handbooks, which vary by employer. Private employers are not bound by any statewide requirement.

Alabama's lack of a statewide paid sick leave requirement means that employers are not required to offer any paid sick leave unless they operate in a city with a local ordinance or voluntarily choose to do so. The exception is municipal ordinances in Birmingham and Montgomery, which carve out coverage for employers below the threshold (fewer than 5 employees are typically exempt).

Certain categories of employees are excluded from many employer leave policies entirely, including independent contractors, temporary workers hired for a specific project, and workers in seasonal positions if explicitly exempted. Union employees may have different sick leave entitlements negotiated in a collective bargaining agreement, which supersedes employer policy.

Alabama employers may designate PTO, vacation, and sick leave as interchangeable, meaning an employee cannot demand separate sick leave if the employer provides combined PTO. Employers can also set limits on accrual, carryover, and use of sick leave without running afoul of Alabama law—for example, an employer may cap accrual at 40 hours per year or allow no carryover to the next year.

Public sector employees (state, county, municipal) are not covered by the same at-will rules and often have sick leave guaranteed under civil service or employment agreements, but the specific amounts and terms vary by employer. Employers can require medical certification for absences exceeding a certain threshold (often 3 days) as a condition of using sick leave, even where ordinances apply.

Step 1: Document Everything. Keep a detailed record of all absences, dates, reasons (illness, medical appointment, family care), and how you used leave. Save copies of any paid time off balance statements, pay stubs showing sick leave accrual, and emails or messages to your supervisor about leave requests. Take screenshots of your employer's leave policy from the employee handbook or HR portal. Note whether your employer is located in Birmingham, Montgomery, or another municipality with a paid sick leave ordinance.

Step 2: Review Your Employer's Policy. Request a copy of your employee handbook, specifically the sections on paid time off, sick leave, and leave accrual. Check whether your employer distinguishes between sick leave and PTO or treats them as one combined pool. Identify any written policy that addresses how sick leave is earned, used, carried over, or forfeited. If your employer is in a city with a paid sick leave ordinance, compare the policy against the ordinance requirements. Raise any discrepancy with HR in writing (email preferred) asking for clarification.

Step 3: File an Internal Complaint if Applicable. If your employer denies you paid sick leave in violation of a municipal ordinance or its own written policy, submit a formal written complaint to your HR department. Use email and request a response within 5 business days. State specifically: (1) the date(s) you requested or used sick leave, (2) how the leave was denied or mishandled, (3) the policy or ordinance you believe was violated, and (4) the remedy you seek (back pay for unpaid sick leave, correction of leave balance, etc.). Keep a copy. Many disputes are resolved at this stage if the employer made a genuine mistake.

Step 4: File with the Appropriate Agency. If your employer is in Birmingham, contact the Birmingham Civil Rights Department or Department of Labor. If in Montgomery, contact the Montgomery Human Resources Department or city labor enforcement office. If the violation relates to retaliation for using or requesting sick leave (e.g., you were fired after taking sick leave), and your employer has 50+ employees, file a charge with the Equal Employment Opportunity Commission (EEOC), which also enforces some federal retaliation protections. The deadline to file is 300 days from the date of the alleged violation (e.g., when sick leave was wrongly denied).

File with the relevant city agency or EEOC online or by phone. Provide your name, employer name, address, description of what happened, dates, and what you want as remedy (back pay, front pay, reinstatement if fired). The investigation typically takes 30–60 days. You will receive a determination letter stating whether the agency found a violation.

Step 5: Consult an Employment Attorney. If you are terminated after requesting or using sick leave, if your employer retaliates in any form, or if the agency investigation finds in your favor but the employer does not comply, contact an employment law attorney licensed in Alabama. Many offer free initial consultations. Bring all documentation (emails, pay stubs, handbook, complaint letters, agency correspondence). An attorney can advise whether you have a wrongful termination claim under common law, a retaliation claim, or a breach-of-contract claim if the employer's own policy was violated. If the case has merit, the attorney may file a lawsuit in Alabama state court or pursue a settlement demand before litigation.