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30th Legislature(2017-2018)

Bill Text 30th Legislature


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.                                         
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