HB 30: "An Act relating to the payment of sick leave by employers; and providing for an effective date."

00                              HOUSE BILL NO. 30                                                                          
01 "An Act relating to the payment of sick leave by employers; and providing for an                                        
02 effective date."                                                                                                        
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 23.10 is amended by adding a new section to read:                                                  
05 Sec. 23.10.062. Minimum paid sick leave. (a) An employer shall provide to                                             
06 an employee who resides in the state at least one hour of paid sick leave for every 40                                  
07 hours the employee works. An employee who accrues paid sick leave may begin using                                       
08       it on the earlier of the date                                                                                     
09                 (1)  agreed to by the employer;                                                                         
10                 (2)  the employee completes 480 hours of work for the employer; or                                      
11                 (3)  90 days after the employee begins working for the employer.                                        
12            (b)  An employer is not subject to this section if the employer offers to each of                            
13       its employees who reside in the state paid leave that                                                             
14                 (1)  accrues at a rate that is equal to or greater than one hour for every                              
01       40 hours worked;                                                                                                  
02                 (2)  may be carried over from year to year; and                                                         
03                 (3)  may be used as provided by this section.                                                           
04            (c)  For the purpose of this section, a full-time employee who is exempt from                                
05       the overtime requirements of 29 U.S.C. 213(a)(1) shall be considered to have worked                               
06       40 hours for each full work week the employee completes.                                                          
07            (d)  Subject to the limitations of this section, an employer shall permit an                                 
08       employee to use paid sick leave for                                                                               
09                 (1)  the prevention, diagnosis, or treatment of the employee or a                                       
10 member of the employee's immediate family for a mental or physical illness, injury, or                                  
11       health condition;                                                                                                 
12 (2)  time the employee spends away from work because the employee                                                       
13 or a member of the employee's immediately family is the victim of a crime of sexual                                     
14       assault, domestic violence, or stalking.                                                                          
15 (e)  An employer who violates this section is subject to AS 23.10.110. An                                               
16       employer violates this section if the employer                                                                    
17 (1)  hinders or delays the commissioner or an authorized representative                                                 
18 of the commissioner in the performance of a duty related to the enforcement of this                                     
19       section;                                                                                                          
20 (2)  refuses to admit the commissioner or an authorized representative                                                  
21 of the commissioner to any place of employment as may be required for the                                               
22       enforcement of this section;                                                                                      
23 (3)  refuses to make a record accessible, to furnish a sworn statement of                                               
24 the record, or to give information required for the enforcement of this section, upon                                   
25       demand, to the commissioner or an authorized representative of the commissioner;                                  
26 (4)  fails to post a summary or abstract of this section as required by                                                 
27       AS 23.10.105; or                                                                                                  
28 (5)  discharges or in any other manner discriminates against an                                                         
29 employee because the employee has filed a complaint, instituted or caused to be                                         
30 instituted a proceeding under or related to this section, or testified or is about to testify                           
31       in a proceeding under or related to this section.                                                                 
01            (f)  An employee may carry over unused paid sick leave from year to year. An                                 
02       employee is not entitled to payment for unused accrued paid sick leave unless the                                 
03       employer agrees to the payment.                                                                                   
04            (g)  In this section,                                                                                        
05 (1)  "employer" means a person, other than a federal, state, or                                                         
06 municipal government, who employs any combination of 15 or more full-time, part-                                        
07 time, and temporary employees who are compensated under an express or implied                                           
08       contract of hire that is spoken or written;                                                                       
09                 (2)  "immediate family" means                                                                           
10                      (A)  a spouse of the employee; or                                                                  
11 (B)  a parent, child, including a stepchild and an adopted child,                                                       
12 and sibling of the employee if the parent, child, or sibling resides with the                                           
13            employee;                                                                                                    
14 (3)  "paid sick leave" means time that is compensated at the same                                                       
15       hourly rate and with the same benefits that the employee would earn while working.                                
16    * Sec. 2. AS 23.10.110(a) is amended to read:                                                                      
17 (a)  An employer who violates a provision of AS 23.10.060, 23.10.062, or                                            
18 23.10.065 is liable to an employee affected in the amount of unpaid minimum wages,                                      
19 unpaid sick leave, or unpaid overtime compensation, as the case may be, and, except                                 
20 as provided in (d) of this section, in an additional equal amount as liquidated damages.                                
21    * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to                          
22 read:                                                                                                                   
23       APPLICABILITY. AS 23.10.062, enacted by sec. 1 of this Act, applies to                                            
24            (1)  work performed after September 30, 2017; and                                                            
25            (2)  contracts formed after September 30, 2017.                                                              
26    * Sec. 4. This Act takes effect October 1, 2017.