CSHB 3(MLV): "An Act relating to the employment rights of employees in the state who are members of the National Guard of another state, territory, or district of the United States."
00 CS FOR HOUSE BILL NO. 3(MLV) 01 "An Act relating to the employment rights of employees in the state who are members of 02 the National Guard of another state, territory, or district of the United States." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 26.05.075(a) is amended to read: 05 (a) An employer shall grant a leave of absence to an employee who is 06 (1) a member of the organized militia [A LEAVE OF ABSENCE] to 07 perform active state service under AS 26.05.070; or 08 (2) a resident of the state and a member of the National Guard of 09 another state to perform active National Guard service under a law of that state. 10 * Sec. 2. AS 26.05.075(b) is amended to read: 11 (b) When an employee is released from a period of active state service under 12 AS 26.05.070 or active National Guard service under the law of another state, or 13 discharged from hospitalization that arose from that active [STATE] service, the 14 employee is entitled to return to the employee's former position, or a comparable
01 position, at the pay, seniority, and benefit level the employee would have had if the 02 employee had not been absent as a result of active state service or National Guard 03 service in another state. An employee, other than an employee who has been 04 hospitalized, shall report for work at the beginning of the workday following the last 05 calendar day necessary to travel from the site of active state service, or National 06 Guard service in another state, to the employee's work site. An employee who has 07 been hospitalized shall report for work at the beginning of the workday following the 08 last calendar day necessary to travel from the hospital or place of recuperation to the 09 employee's work site. If the employee fails to return to work at that time, the employer 10 may impose whatever discipline is provided by the employer's rules of conduct for 11 unexcused absence from work. 12 * Sec. 3. AS 26.05.075 is amended by adding new subsections to read: 13 (h) An employee is not entitled to return to the employee's former position, or 14 a comparable position, at the pay, seniority, and benefit level the employee would 15 have had if 16 (1) the employer's circumstances have changed, making employment 17 impossible or unreasonable; or 18 (2) employment would impose an undue hardship on the employer. 19 (i) In this section, "state" has the meaning given in AS 01.10.060.