HB455 Alabama 2019 Session

Summary

Primary Sponsor

Prince ChestnutRepresentative

Democrat

Session

Regular Session 2019

Title

Military leave of absence, private right of action against violators, created, prohibit discrimination against members of the uniformed services for exercising his or her rights, Secs. 31-2-13.1, 31-2-13.2 added; Sec. 31-2-13 am'd.

Summary

HB 455 would create a private right of action for military leave violations, add anti-discrimination protections for service members, and establish reemployment rights for Alabama workers who serve in uniformed services.

What This Bill Does

If enacted, the bill would let individuals sue employers who violate military leave rules and would prohibit discrimination against uniformed service members for exercising those rights. It sets a limit on paid military leave at 168 hours per calendar year and 168 hours per single period when called to duty, including applying this to state-funded schools. It creates reemployment rights after service, with notice requirements and a cap of five years total for leave, plus specific timelines for returning to work, with certain military-necessity exceptions. It also provides legal remedies, including court orders to comply, compensation for lost wages or benefits, possible liquidated damages for willful violations, and the possibility of attorney fees for the party that prevails.

Who It Affects

• Group 1: Employees and members of the uniformed services in Alabama (state, local government, and private employers) who take military leave; they would receive protected rights to leave, potential paid leave benefits within specified limits, and reemployment protections.
• Group 2: Employers in Alabama (state, local government, and private sector) who must comply with leave requirements, avoid discrimination, and potentially face remedies and costs if they violate the law.

Key Provisions

• Amends Section 31-2-13 to establish military leave of absence rights and cap paid leave at 168 working hours per calendar year and 168 hours at any one time when called to active service; applies to state-funded schools.
• Creates a private right of action to enforce the military leave law and to seek relief for violations.
• Prohibits discrimination against members of the uniformed services for exercising rights under the law, including protections related to employment decisions.
• Adds Section 31-2-13.1 detailing reemployment rights after service, including advance notice requirements, a five-year total absence limit, specific return-to-work timelines, and exceptions for military necessity.
• Adds Section 31-2-13.2 outlining remedies: courts can order compliance, compensate lost wages/benefits, provide liquidated damages for willful violations, no court costs for claimants, and potential attorney fees for the prevailing party.
• Defines 'uniformed services' to include the Alabama National Guard, Naval Militia, Alabama State Guard, Civil Air Patrol, National Disaster Medical System, and other U.S. reserve components.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Military