CSSB 140(L&C): "An Act requiring paid leave from employment for bone marrow donation."
00 CS FOR SENATE BILL NO. 140(L&C) 01 "An Act requiring paid leave from employment for bone marrow donation." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 23.10 is amended by adding a new section to read: 04 Sec. 23.10.044. Paid leave for bone marrow donation. (a) An employer who 05 employs 20 or more employees shall provide a paid leave of absence to an employee 06 for the purpose of making a personal bone marrow donation. The employer is not 07 required to provide more than 60 hours of leave under this section; however, the leave 08 may not be less than 40 hours unless the employee requests fewer hours. 09 (b) An employer may, before approving paid leave under this section, require 10 verification by the employee's physician of the purpose and length of the necessary 11 leave. If the determination is made that the employee does not qualify as a bone 12 marrow donor after approval by the employer of the leave, the leave must be paid by 13 the employer. 14 (c) An employer may not retaliate or otherwise sanction an employee for 15 requesting or obtaining leave under this section.
01 (d) In this section, 02 (1) "employee" means a person hired and currently employed by a 03 political subdivision of the state or a private employer to work for compensation an 04 average of 20 or more hours each week; "employee" does not include an independent 05 contractor; 06 (2) "political subdivision" means a municipality and its subdivisions, a 07 school district, a regional educational attendance area, or an instrumentality of the 08 state, except that the term does not include the executive, judicial, or legislative branch 09 of state government, the University of Alaska, or the Alaska Railroad Corporation. 10 * Sec. 2. AS 39.20.245(b) is amended to read: 11 (b) An officer or employee, with the approval of the person authorizing the 12 employment, may donate accrued personal or annual leave to another officer or 13 employee only for use as leave for medical reasons. The official responsible for 14 employee accounts shall debit the donor's personal or annual leave account and credit 15 the donee's personal leave account, or sick leave account, as appropriate, for medical 16 reasons only, by converting the donated leave into cash value at the donor's rate of pay 17 and reconverting the cash value to hours of leave at the donee's rate of pay. Leave 18 donated under this subsection is not leave taken by the donor for purposes of 19 AS 39.20.225(c). An employee who is covered by a collective bargaining agreement 20 may donate leave to or receive donations of leave from an employee or officer who is 21 not covered by a collective bargaining agreement, notwithstanding AS 39.20.310(7) 22 and (8) [AS 39.20.310(8) AND (9)]. 23 * Sec. 3. AS 39.20.270 is amended to read: 24 Sec. 39.20.270. Court leave. Notwithstanding AS 39.20.310(6) 25 [AS 39.20.310(7)], court leave shall be granted to an employee who is classified as 26 full time, whether permanent, nonpermanent, or temporary. An officer or employee 27 called to serve as a juror or subpoenaed as a witness is entitled to administrative leave 28 with pay, but compensation received by the employee or to which the employee is 29 entitled, whichever is greater, for service as a juror or witness shall be deducted from 30 pay to which the employee is entitled as a state officer or employee. 31 * Sec. 4. AS 39.20 is amended by adding a new section to read:
01 Sec. 39.20.275. Leave for donation of bone marrow. (a) Notwithstanding 02 AS 39.20.310(1) - (3) and (6) - (8), paid administrative leave of not less than 40 hours, 03 unless the employee requests fewer hours, shall be granted under this section to an 04 employee who requests leave to make a personal bone marrow donation. 05 (b) The director of personnel in the Department of Administration shall adopt 06 regulations to implement this section. 07 (c) In this section, "employee" means an employee of the executive, judicial, 08 or legislative branch of state government or the University of Alaska, whether the 09 employee is a permanent, nonpermanent, or temporary employee, who is employed for 10 an average of 20 or more hours each week. 11 * Sec. 5. AS 39.20.310 is amended to read: 12 Sec. 39.20.310. Exceptions. Except as provided in AS 39.20.275, 13 AS 39.20.200 - 39.20.330 do not apply to 14 (1) members of the state legislature, the governor, the lieutenant 15 governor, and justices and judges of the supreme and superior courts and of the court 16 of appeals, but nothing in AS 39.20.200 - 39.20.330 may be construed to diminish the 17 salaries fixed by law for these officers by reason of absence from duty on account of 18 illness or otherwise; 19 (2) magistrates serving the state on less than a full-time basis; 20 (3) officers, members of the teaching staff, and employees of the 21 University of Alaska; 22 (4) [REPEALED 23 (5)] persons employed in a professional capacity to make a temporary 24 and special inquiry, study, or examination as authorized by the governor, the 25 legislature, or a legislative committee; 26 (5) [(6)] members of boards, commissions, and authorities who are not 27 otherwise employed by the state; 28 (6) [(7)] temporary employees hired for periods of less than 12 29 consecutive months; 30 (7) [(8)] persons employed by the division of marine transportation as 31 masters and members of the crews operating the state ferry system who are covered by
01 collective bargaining agreements as provided in AS 23.40.040, except as expressly 02 provided by law; 03 (8) [(9)] persons employed by the state who are covered by collective 04 bargaining agreements as provided in AS 23.40.210, except as expressly provided by 05 law. 06 * Sec. 6. AS 42.40 is amended by adding a new section to read: 07 Sec. 42.40.882. Leave for donation of bone marrow. (a) Notwithstanding 08 any other provision of law, paid administrative leave of not less than 40 hours, unless 09 the employee requests fewer hours, shall be granted under this section to an employee 10 who requests leave to make a personal bone marrow donation. 11 (b) In this section, "employee" means an employee of the corporation, whether 12 the employee is a permanent, nonpermanent, or temporary employee, who is 13 employed for an average of 20 or more hours each week.