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Alaska Leave Laws

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Public employees in the State of Alaska may be entitled to leave because of accrued personal leave days or may be entitled to family leave. All other employess must relyon the federal FMLA

Below is information about Paid Personal Leave For Public Employees and Family Leave For Public Employees Under Article 5.

If you are considering taking leave under one of these laws, it is advisable to first consult with a supervisor in your Human Resource Office.

PAID PERSONAL LEAVE FOR EMPLOYEES

Who Is Eligible?

Officers and employees of the state who have currently been employed for a continuous period of 30 days without breaks in service.

When Can Leave Be Taken?

Generally, a public employee can take personal leave at any time "business permits" and with the permission of his/her head of department or agency. (See "Legitimate Reasons for Leave" below for an exception)

How Many Days of Personal Leave Do I Get?

The number of paid personal leave days you are entitled to depends on the amount of time you have been employed by the state.

1. If you have been employed for less than 2 years, you will accumulate 2 days each full monthly pay period;

2. If you have been employed for at least 2 years but less than 5 years, you will accumulate 2 ¼ days for each full monthly pay period;

3. If you have been employed for at least 5 years but less than 10 years, you will accumulate 2 ½ days for each full monthly pay period;

4. If you have been employed for 10 years or more, you will accumulate 3 days for each full monthly pay period.

What Are Legitimate Reasons For Leave?

1. Generally, a public employee is permitted to take personal leave any time "business permits" and with permission.

2. In addition, a public employee can take personal leave for medical reasons, regardless of whether business permits. However, permission is still required.

What Is A "Medical Reason"?

1. Disability (your employer may require a doctor's certificate showing the disability of you are absent from work for more than 3 work days);

2. Disability of the employee's immediate family member, if that family member's disability requires the employee to be present (a doctor's certificate can be required for absences of more than 3 days);

3. A medical condition of the public employee that could be a danger to the health of his/her fellow employees (a doctor's certificate can be required for absences of more than 3 days);

4. Pregnancy, childbirth, or the placement of an adopted child with the employee (this does not include adoption of the employee's stepchildren);

5. Death of an immediate family member (no more than five days of leave for this reason).

Can I Save Up Personal Leave Days?

Public employees are required to use a minimum of 5 personal days during each 12-month period. However, if you have taken five days of personal leave and have accumulated additional personal leave days, those additional days may be rolled over for use in later years.

What If I Need More Time Off Than The Number Of Personal Days I Have?

If you are otherwise eligible for personal leave (see above), you may be entitled to family leave. Consider whether either of the following situations apply to you.

1. A public employee may take 18 work weeks of leave during any 24-month period because of the employee's own serious health condition or to care for the employee's child (biological, adopted, foster, stepchild, or legal ward), spouse, or parent who has a serious health condition.

2. A public employee may take 18 work weeks of leave during any 12-month period because of pregnancy, the birth of the employee's child, placement of a child with the employee (other than a stepchild). If you are taking leave for this reason, your employer may require that you take the leave in a single block of time.

Will I Get Paid During Those 18 Work Weeks?

If you are taking leave for a "serious health condition" or because of pregnancy, childbirth or adoption you will be required to use your accrued paid personal leave days until the time when you have only 5 days of paid leave remaining. At that point you can decide whether to use your remaining 5 days of paid leave or save those 5 days and take the remainder of your family leave as unpaid.

What Notice Am I Required Giving Before Taking Family Leave?

1. If your need for family leave is foreseeable, you must give your department or agency head reasonable and practical prior notice.

2. If your need for family leave is foreseeable because you are taking leave for planned medical treatment (yours or an immediate family member's), you must make a reasonable effort to schedule the treatment so that it does not unduly disrupt your department or agency (so long as your scheduling efforts would be approved by your or your family member's health care provider).

FAMILY LEAVE FOR PUBLIC EMPLOYEES UNDER ARTICLE 5

Who is Entitled To Take Article 5 Family Leave?

You are entitled to take family leave if you have been employed by your employer for:

1. At least 35 hours per week for at least 6 consecutive months; OR

2. At least 17  hours per week for at least 12 consecutive months immediately before the leave.

What Leave Am I Entitled To?

Just as with the personal leave described above, an eligible employee under Article 5 may take:

1. 18 work weeks of leave during any 24-month period because of the employee's own serious health condition or to care for the employee's child (biological, adopted, foster, stepchild, or legal ward), spouse, or parent who has a serious health condition.

2. 18 work weeks of leave during any 12-month period because of pregnancy, the birth of the employee's child, placement of a child with the employee (other than a stepchild). If you are taking leave for this reason, your employer may require that you take the leave in a single block of time and you must take the leave within one year of the birth or placement of your child.

Will I Be Paid During This Leave?

Unlike the Paid Personal Leave described above, you will not necessarily get paid during Article 5 family leave. However, you may chose to substitute, or you employer may require you to substitute, any paid leave you have accrued.

Is My Job Protected While I Take Family Leave?

The answer is generally "Yes." Unless your employer's business circumstances have changed to make it impossible or unreasonable, after returning from family leave, you must be returned to the same position you left, or to a substantially similar position.

However, the answer could be "No." You are not entitled to job protection if the number of employees within 50 miles of your employer's facility was less than 21 for 20 consecutive workweeks during which your employer employed at least 21 employees at all facilities.

What Notice Am I Required Giving Before Taking Family Leave?

1. If your need for family leave is foreseeable, you must give your department or agency head reasonable and practical prior notice.

2. If your need for family leave is foreseeable because you are taking leave for planned medical treatment (yours or an immediate family member's), you must make a reasonable effort to schedule the treatment so that it does not unduly disrupt your department or agency (so long as your scheduling efforts would be approved by your or your family member's health care provider).

Researched and written by:

Lisa Gerson, Esq. McDermott Will & Emery LLP New York, NY 


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