00 Enrolled HB 3 01 Relating to the employment rights of employees in the state who are members of the National 02 Guard of another state, territory, or district of the United States. 03 _______________ 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 that active [STATE] service. An 03 employee, other than an employee who has been hospitalized, shall report for work at 04 the beginning of the workday following the last calendar day necessary to travel from 05 the site of active state service, or active National Guard service in another state, to 06 the employee's work site. An employee who has been hospitalized shall report for 07 work at the beginning of the workday following the last calendar day necessary to 08 travel from the hospital or place of recuperation to the employee's work site. If the 09 employee fails to return to work at that time, the employer may impose whatever 10 discipline is provided by the employer's rules of conduct for unexcused absence from 11 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.