Alabama
Verified February 2026Alabama Employment Law (Federal Protections Apply)
No comprehensive state employment discrimination statute
Alabama is one of only two states in the country that does not have a comprehensive state employment discrimination statute. There is no state-level agency tasked with investigating employment discrimination claims from private-sector workers. This means that Alabama workers who face discrimination or need leave protections rely entirely on federal law – specifically the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and Title VII of the Civil Rights Act.
For leave rights, Alabama has no state-level family or medical leave law. To take job-protected leave for a serious health condition or to care for a family member, you must qualify under the federal FMLA. This requires working for an employer with 50+ employees, having worked there for at least 12 months, and having logged at least 1,250 hours in the past year. Disability discrimination protections come from the federal ADA, which covers employers with 15+ employees.
Because Alabama lacks a state anti-discrimination agency, the EEOC Birmingham District Office is the sole enforcement body for employment discrimination complaints. This has a significant practical impact: the filing deadline for EEOC charges is 180 days from the discriminatory act, rather than the 300 days available in states with qualifying state agencies. Alabama does have a workers’ compensation system, but mental-only claims (psychological injury without physical injury) face significant legal barriers.
Despite the absence of state-level protections, Alabama workers still have meaningful rights through federal law. The key is understanding that time limits are shorter and there is no state agency to assist. Workers should contact the EEOC directly and promptly if they experience discrimination or retaliation related to a medical condition or leave request.
Employer Size
15+ employees
Leave Duration
N/A (no state leave law)
Paid Leave
Unpaid (job-protected)
Leave: Alabama does not have a state family or medical leave law. Federal FMLA is the primary source of job-protected leave.
Anti-Discrimination: Alabama does not have a comprehensive state employment discrimination statute. Federal protections (ADA, Title VII) are the sole safeguards, with the EEOC as the only enforcement agency and a shorter 180-day filing deadline.
Additional Protections
Alabama Age Discrimination Law
Alabama has a limited state law prohibiting age discrimination against individuals 40 and older by employers with 20+ employees. This mirrors the federal ADEA but provides an additional statutory basis.
Ala. Code § 25-1-20 et seq.
1. Request FMLA Leave (Federal)
Since Alabama has no state leave law, eligible employees follow federal FMLA procedures:
- Notify your employer at least 30 days in advance for foreseeable leave.
- If leave is unforeseeable, notify as soon as possible (usually same or next business day).
- Follow your employer’s usual notice procedures for requesting leave.
- Provide medical certification if requested (usually within 15 days).
2. File a Discrimination Complaint (Federal EEOC)
- Verify your employer has 15+ employees (federal ADA/Title VII threshold).
- File a charge with the EEOC Birmingham District Office online, by phone, or in person.
- You must file within 180 days of the discriminatory act (Alabama does not have a state agency that extends this deadline).
- The EEOC will investigate and may attempt mediation or conciliation.
Note: Because Alabama has no state employment discrimination agency, the EEOC is the only avenue for filing discrimination charges. The 180-day filing deadline is strictly enforced.
Important Deadlines
- 30 days - FMLA advance notice for foreseeable leave
- 180 days - Deadline to file a discrimination charge with the federal EEOC (standard deadline; Alabama has no state agency that extends this)
- 300 days - EEOC filing deadline in states with a qualifying state agency (does NOT apply in Alabama – the 180-day deadline applies instead)
- 5 days - Workers’ comp injury must be reported to employer
- 2 years - Statute of limitations for workers’ compensation claims
Official Resources
Frequently Asked Questions
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