SB 258: "An Act establishing requirements and limitations related to the payment of sick leave by certain employers; and providing for an effective date."
00 SENATE BILL NO. 258 01 "An Act establishing requirements and limitations related to the payment of sick leave 02 by certain employers; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 23.10.105 is amended to read: 05 Sec. 23.10.105. Posting summary required. An employer subject to 06 AS 23.10.050 - 23.10.150 or AS 23.10.166 shall keep a summary or abstract of the 07 applicable [THESE] sections, approved by the commissioner, posted in a conspicuous 08 location at the place where a person subject to them is employed. An employer shall 09 be furnished copies of a summary by the state on request without charge. 10 * Sec. 2. AS 23.10.110(a) is amended to read: 11 (a) An employer subject to AS 23.10.010 - 23.10.150 who violates a 12 provision of AS 23.10.060 or 23.10.065, or an employer subject to AS 23.10.166 13 who violates a provision of that section, is liable to an employee affected in the 14 amount of unpaid minimum wages, [OR] unpaid overtime compensation, or unpaid
01 sick leave, as the case may be, and, except as provided in (d) of this section, in an 02 additional equal amount as liquidated damages. 03 * Sec. 3. AS 23.10.110(b) is amended to read: 04 (b) An action to recover from the employer the wages and damages for which 05 the employer is liable may be maintained in a competent court by an employee 06 personally and for other employees similarly situated, or an employee may 07 individually designate in writing an agent or representative to maintain an action for 08 the employee. The consent shall be filed in the court in which the action is brought. At 09 the request of a person paid less than the amount to which the person is entitled under 10 either AS 23.10.050 - 23.10.150 or AS 23.10.166, the commissioner may take an 11 assignment in trust for the employee of the full amount to which the employee is 12 entitled under this section and may bring any legal action necessary to collect the 13 claim. 14 * Sec. 4. AS 23.10 is amended by adding a new section to article 3 to read: 15 Sec. 23.10.166. Minimum paid sick leave. (a) An employer shall provide at 16 least one hour of paid sick leave for every 40 hours worked to each employee who 17 resides in the state and whose terms and conditions of employment are not subject to 18 bargaining between the employer and a collective bargaining agent. An employee who 19 accrues paid sick leave may begin using it on a date agreed to by the employer or a 20 date 90 days after the employee begins working for the employer, whichever occurs 21 first. An employee may carry over unused paid sick leave from year to year. 22 (b) An employer is not subject to this section if the employer offers paid leave 23 to each of its employees who reside in the state and if that leave 24 (1) accrues at a rate that is equal to or greater than 1 hour for every 40 25 hours worked; 26 (2) may be carried over from year to year; and 27 (3) may be used as provided by this section. 28 (c) For the purpose of this section, a full-time employee who is exempt from 29 the overtime requirements of 29 U.S.C. 213(a)(1) shall be considered to have worked 30 40 hours for each full work-week the employee completes. 31 (d) Subject to the limitations of this section, an employer shall permit an
01 employee to use paid sick leave for 02 (1) the prevention, diagnosis, or treatment of the employee or a 03 member of the employee's immediate family for a mental or physical illness, injury, or 04 health condition; 05 (2) time the employee spends away from work because the employee 06 is the victim of a sexual assault, domestic violence, or stalking crime in which a 07 person has been arrested or formally charged. 08 (e) An employer who violates this section is subject to AS 23.10.110. An 09 employer violates this section if the employer 10 (1) hinders or delays the commissioner or an authorized representative 11 of the commissioner in the performance of a duty related to the enforcement of this 12 section; 13 (2) refuses to admit the commissioner or an authorized representative 14 of the commissioner to any place of employment as may be required for the 15 enforcement of this section; 16 (3) refuses to make a record accessible, or to furnish a sworn statement 17 of the record, or to give information required for the enforcement of this section, upon 18 demand, to the commissioner or an authorized representative of the commissioner; 19 (4) fails to post a summary or abstract of this section as required by 20 AS 23.10.105; or 21 (5) discharges or in any other manner discriminates against an 22 employee because the employee has filed a complaint, instituted or caused to be 23 instituted any proceeding under or related to this section, or testified or is about to 24 testify in a proceeding under or related to this section. 25 (f) In this section, 26 (1) "domestic partner" means a person who is cohabiting with another 27 person in a relationship that is like a marriage but that is not a legal marriage; 28 (2) "employee's immediate family" means 29 (A) a spouse or domestic partner of the employee; or 30 (B) a parent, child, including a stepchild and an adoptive child, 31 and sibling of the employee if the parent, child, or sibling resides with the
01 employee; 02 (3) "employer" means a person, other than a federal, state, or 03 municipal government, who employs any combination of 15 or more full-time, part- 04 time, and temporary employees who are compensated under an express or implied 05 contract of hire that is oral or written; 06 (4) "paid sick leave" means time that is compensated at the same 07 hourly rate and with the same benefits that the employee would earn while working. 08 * Sec. 5. This Act takes effect October 1, 2008.