Code of Alabama
Ala. Code § 36-26-101 (2026)
Probationary Period; Notice of Termination.
✓ official Alabama Legislature (ALISON) text, current July 2026
Repealed by Act 2011-270, p. 494, §14, effective July 1, 2011.
(Acts 1983, No. 83-644, p. 1004, §2.)
Notes of Decisions
Cited in 24
cases, 1988–2012 · leading case: Ex Parte McLeod, 718 So. 2d 682 (Ala. 1997).
Ex Parte McLeod, 718 So. 2d 682 (Ala. 1997). “Given our conclusion that McLeod and Dinkins are covered by the FDA, we note that their employment is subject to § 36-26-101, the FDA section relating to nonprobationary status ("tenure").”
Clayton v. Bd. of Sch. Com'rs, 552 So. 2d 145 (Ala. Civ. App. 1988). “Is the employing board required to continue to pay employees pending resolution of a termination hearing where an employee's contract has expired? From an examination of the complaint and the briefs of the parties, the Court presumes that *148 proper notice was given to the…”
Franks v. Jordan, 55 So. 3d 1218 (Ala. Civ. App. 2010). “See § 36-26-101, Ala.Code 1975. The employment of a probationary employee may be terminated at any time during his or her probationary period by written notice delivered to the employee at least 15 days before the effective termination date.”
Young v. McLeod, 841 So. 2d 268 (Ala. Civ. App. 2002). “) After remand from the supreme court, this court requested the parties to brief the following questions: (1) What is the meaning of "school term" as used in § 36-26-100? (2) For how many "school terms" has McLeod been employed full-time? (3) Does that number of "school terms"…”
Holland v. Pearson, 20 So. 3d 120 (Ala. Civ. App. 2008). “See Ala.Code 1975, §§ 36-26-101(a) & 36-26-103.”
Bishop State Cmty. Coll. v. Thomas, 13 So. 3d 978 (Ala. Civ. App. 2009). “Thomas, pursuant to Ala.Code 1975, § 36-26-104(a), a part of the Fair Dismissal Act (“the FDA”), Ala.”
Anna Kendrick, Individually & on Behalf of All Others Similarly Situated, Cross-Appellee v. Jefferson Cnty. Bd. of Educ., Cross-Appellant, 932 F.2d 910 (11th Cir. 1991). “See Ala.Code § 36-26-101 (Michie Supp.1990). Although Policy 637 predates the Fair Dismissal Act, the statute does not require, as the board contends it does, a knowing, affirmative act by the board subsequent to the passage of the statute for the board to fix a probationary…”
Russaw v. Barbour Cnty. Bd. of Educ., 891 F. Supp. 2d 1281 (M.D. Ala. 2012). “Russaw any reason for non-renewing his employment and that his nonrenewal was governed by Alabama Code § 36-26-101, which although now repealed, was in effect at the time Mr.”
Glass v. Anniston City Bd. of Educ., 957 So. 2d 1143 (Ala. Civ. App. 2006). “See § 36-26-101(a) ("All employees as defined in Section 36-26-100 shall be deemed employed on a probationary status for a period not to exceed three years from the date of his or her initial employment, or a lesser period which may be fixed by the employing authority.”
South Alabama Skills Training Consortium v. Ford, 997 So. 2d 309 (Ala. Civ. App. 2008). “§§ 36-26-101 and -102. The ASTC Personnel Manual mandated a 6- to 12-month probationary period for new employees.”
Ex Parte McLeod, 841 So. 2d 260 (Ala. 2001). “See § 36-26-101, Ala. Code 1975. The question whether the three years must be consecutive, however, was not dealt with by the Court of Civil Appeals and, therefore, is not before us.”
Elmore Cnty. Bd. of Educ. v. Thornton, 839 So. 2d 658 (Ala. Civ. App. 2002). “6 The “probationary period” for employees covered under the Act is set forth in § 36-26-101, Ala.Code 1975, which provides, in pertinent part: “(a) All employees as defined in Section 36-26-100 shall be deemed employed on a probationary status for a period not to exceed three…”
— Ala. Code § 36-26-101(a) — 13 cases
Ex Parte McLeod, 718 So. 2d 682 (Ala. 1997). “Given our conclusion that McLeod and Dinkins are covered by the FDA, we note that their employment is subject to § 36-26-101, the FDA section relating to nonprobationary status ("tenure").”
Holland v. Pearson, 20 So. 3d 120 (Ala. Civ. App. 2008). “See Ala.Code 1975, §§ 36-26-101(a) & 36-26-103.”
Clayton v. Bd. of Sch. Com'rs, 552 So. 2d 145 (Ala. Civ. App. 1988). “Is the employing board required to continue to pay employees pending resolution of a termination hearing where an employee's contract has expired? From an examination of the complaint and the briefs of the parties, the Court presumes that *148 proper notice was given to the…”
Glass v. Anniston City Bd. of Educ., 957 So. 2d 1143 (Ala. Civ. App. 2006). “See § 36-26-101(a) ("All employees as defined in Section 36-26-100 shall be deemed employed on a probationary status for a period not to exceed three years from the date of his or her initial employment, or a lesser period which may be fixed by the employing authority.”
Anna Kendrick, Individually & on Behalf of All Others Similarly Situated, Cross-Appellee v. Jefferson Cnty. Bd. of Educ., Cross-Appellant, 932 F.2d 910 (11th Cir. 1991). “See Ala.Code § 36-26-101 (Michie Supp.1990). Although Policy 637 predates the Fair Dismissal Act, the statute does not require, as the board contends it does, a knowing, affirmative act by the board subsequent to the passage of the statute for the board to fix a probationary…”
— Ala. Code § 36-26-101(b) — 1 case
Franks v. Jordan, 55 So. 3d 1218 (Ala. Civ. App. 2010). “See § 36-26-101, Ala.Code 1975. The employment of a probationary employee may be terminated at any time during his or her probationary period by written notice delivered to the employee at least 15 days before the effective termination date.”
— Ala. Code § 36-26-101(c) — 5 cases
Franks v. Jordan, 55 So. 3d 1218 (Ala. Civ. App. 2010). “See § 36-26-101, Ala.Code 1975. The employment of a probationary employee may be terminated at any time during his or her probationary period by written notice delivered to the employee at least 15 days before the effective termination date.”
Holland v. Pearson, 20 So. 3d 120 (Ala. Civ. App. 2008). “See Ala.Code 1975, §§ 36-26-101(a) & 36-26-103.”
Ray v. Decatur City Bd. of Educ., 723 So. 2d 680 (Ala. Civ. App. 1998).
Murphy v. Madison City Bd. of Educ., 42 So. 3d 124 (Ala. Civ. App. 2010).
John C. Calhoun Cmty. Coll. v. Michael Shane King., 90 So. 3d 174 (Ala. Civ. App. 2011).
— Ala. Code § 36-26-101(e) — 1 case
Ray v. Decatur City Bd. of Educ., 723 So. 2d 680 (Ala. Civ. App. 1998).
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