Alabama Enacts Workers’ Compensation Coverage for Public Education Employees: The Maryann Leonard Educators’ On-the-Job Injury Act

Alabama has enacted the Maryann Leonard Educators’ On-the-Job Injury Act, establishing the Public Education Injury Compensation Program. The Act extends workers’ compensation benefits to full-time public education employees for the first time. Although the Act is now in effect, the Program will begin accepting claims only upon an implementation date declared by the Public Education Employee Injury Compensation Board (the Board)—which must be no later than October 1, 2026.

Below is a summary of the Act’s key provisions.

1. What the Act Does and Implementation Timing

The Act creates a new compensation structure for covered on-the-job injuries sustained by public education employees. Compensation will be paid from the Public Education Employee Injury Compensation Trust Fund, in accordance with the statutes and methods set forth in the Alabama Workers’ Compensation Act. The Trust Fund received an initial $15.6 million from the education budget passed during the 2025 legislative session.

The Act is currently in effect; however, the Program will begin accepting claims only on an implementation date declared and published by the Public Education Employee Injury Compensation Board, in consultation with the Board of Adjustment. The implementation date must be no later than October 1, 2026.

2. Covered Employers and Employees

The Act extends workers’ compensation benefits to full-time public K–12 and post-secondary education employees. Covered employers include:

• All public city and county boards of education;

• All public charter schools;

• The Alabama Community College System; and

• AIDB, ASFA, ASMS, ASCTE, and ASHS.

3. Definition of a Covered On-the-Job Injury

A covered on-the-job injury is defined as “[a]ny accident or injury to an employee arising out of and in the course of employment or occurring during the performance of duties.” The definition excludes mental disorders or mental injuries that have neither been produced nor proximately caused by some physical injury to the body. 

4. Program Administration (The Board)

The Program is administered by a five-member Public Education Employee Injury Compensation Board:

• One member appointed by the Governor;

• One appointed by the President Pro Tempore of the Senate;

• One appointed by the Speaker of the House of Representatives;

• One appointed on an alternating basis by the Senate and House Minority Leaders; and

• The Director of the Workers’ Compensation Division of the Alabama Department of Workforce.

Rules adopted by the Board are subject to the Alabama Administrative Procedure Act. 

5. Medical Treatment and PEEHIP Coverage

For injured employees with PEEHIP coverage, medical bills continue to be paid by PEEHIP so long as coverage is maintained. These employees may select their own authorized treating physician covered by PEEHIP. 

The Board may designate a licensed physician to conduct an Independent Medical Examination (IME) of the employee; the cost is paid by the Board, not by PEEHIP. 

For employees who do not participate in PEEHIP, the Board must adopt rules governing selection of authorized treating physicians and dispute procedures. 

The Board is not responsible for reimbursing treatment from an unauthorized physician. 

6. Leave-Related Protections

Under the Act, employees continue to receive up to 90 days of full salary and benefits with a qualifying work-related injury, and sick leave will not be deducted when an employee’s absence results from an on-the-job injury. 

For employees not covered by Chapter 1A—such as part-time, substitute, temporary, and non-full-time employees and volunteers—unreimbursed medical expenses or costs related to on-the-job injuries may still be submitted to the State Board of Adjustment as outlined in Article 4 of Chapter 9 of Title 41. Ala. Code § 16-1A-5(j).

7. Employee Injury Notice Framework

The Act modifies the prior notice framework. Covered employees now have five working days after the injury (replacing the former 24-hour rule) to provide written notice to an immediate supervisor or the executive officer. 

If the employee has died or is “not clinically able” to provide notice, another individual who is “reasonably knowledgeable” may make the notification within 90 days of the injury. 

The Board may adopt additional rules addressing notice requirements. 

8. Employer Injury-Reporting Obligations

The Act imposes injury-reporting obligations on employers, with the Board adopting “uniform injury reporting forms” and distributing them to covered institutions. 

The employer is responsible for: (1) preparing the first report of injury; (2) having the employee sign the completed form; and (3) forwarding the signed form to the Board. 

Employers may adopt “other notification procedures” by written policy, but such additional procedures “shall not supersede notification procedures” in Chapter 1A. 

9. Dispute-Resolution Process

The Act establishes a multi-tiered dispute-resolution process:

• If a dispute arises as to benefits owed, the employer or the Board may refer the dispute to a three-member review board with authority to approve settlements. 

• If unresolved at the review board level, the employer or employee may request appointment of a hearing officer. The Alabama State Bar maintains a roster of attorneys with “significant experience in workers’ compensation disputes,” from which a five-person panel is selected, and the parties choose a hearing officer. 

• A hearing officer’s decision may be appealed to the Circuit Court of Montgomery County; however, the court’s review is limited to the record on appeal and does not include a trial de novo. Findings of fact are not reversed if supported by “substantial evidence.” 

Key Takeaways: What This Means for Covered Employers

Covered employers should consider the following action items as the implementation date approaches:

• Monitor communications from the Board regarding the declared implementation date (no later than October 1, 2026) and forthcoming Board rulemaking.

• Review and update internal policies and procedures for employee injury notice and reporting to align with the Act’s five-working-day notice window and uniform reporting form requirements.

• Train supervisors and HR personnel on the new notice and reporting framework, including the requirement to prepare, have signed, and forward the first report of injury.

• Familiarize leadership with the new dispute-resolution process, including referral to the three-member review board and hearing officer procedures.