Alabama Code Section 11-80-11 preempts Birmingham from enacting any local paid sick leave, paid family leave, or scheduling mandate on private employers. Workers depend on federal FMLA unpaid leave or whatever benefits their individual employer chooses to offer.
When the Alabama legislature voided Birmingham's 2015 minimum wage ordinance, it also closed the door on local paid leave laws by amending Section 11-80-11 to bar municipalities from regulating any aspect of employee compensation, including vacation, sick leave, family leave, and paid time off. Birmingham therefore cannot follow the path of cities like Seattle or Austin in mandating paid sick days. Unpaid leave under the federal Family and Medical Leave Act remains available to employees of larger covered employers.
There is no city ordinance to violate. Employees with leave concerns turn to federal FMLA enforcement through the U.S. Department of Labor or to private employer policy and contract claims.
See how Birmingham's paid leave preemption rules stack up against other locations.
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