00 SENATE BILL NO. 140 01 "An Act requiring paid leave from employment for bone marrow donation." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 23.10 is amended by adding a new section to read: 04 Sec. 23.10.044. Paid leave for bone marrow donation. (a) An employer who 05 employs 20 or more employees shall provide a paid leave of absence to an employee 06 for the purpose of making a personal bone marrow donation. The employer is not 07 required to provide more than 60 hours of leave under this section; however, the leave 08 may not be less than 40 hours unless the employee requests fewer hours. 09 (b) An employer may, before approving paid leave under this section, require 10 verification by the employee's physician of the purpose and length of the necessary 11 leave. If the determination is made that the employee does not qualify as a bone 12 marrow donor after approval by the employer of the leave, the leave must be paid by 13 the employer. 14 (c) An employer may not retaliate or otherwise sanction an employee for 15 requesting or obtaining leave under this section. 01 (d) In this section, "employee" means a person hired and currently employed 02 by a public or private employer to work for compensation an average of 20 or more 03 hours each week; "employee" does not include an independent contractor. 04 * Sec. 2. AS 39.20.245(b) is amended to read: 05 (b) An officer or employee, with the approval of the person authorizing the 06 employment, may donate accrued personal or annual leave to another officer or 07 employee only for use as leave for medical reasons. The official responsible for 08 employee accounts shall debit the donor's personal or annual leave account and credit 09 the donee's personal leave account, or sick leave account, as appropriate, for medical 10 reasons only, by converting the donated leave into cash value at the donor's rate of pay 11 and reconverting the cash value to hours of leave at the donee's rate of pay. Leave 12 donated under this subsection is not leave taken by the donor for purposes of 13 AS 39.20.225(c). An employee who is covered by a collective bargaining agreement 14 may donate leave to or receive donations of leave from an employee or officer who is 15 not covered by a collective bargaining agreement, notwithstanding AS 39.20.310(7) 16 and (8) [AS 39.20.310(8) AND (9)]. 17 * Sec. 3. AS 39.20.270 is amended to read: 18 Sec. 39.20.270. Court leave. Notwithstanding AS 39.20.310(6) 19 [AS 39.20.310(7)], court leave shall be granted to an employee who is classified as 20 full time, whether permanent, nonpermanent, or temporary. An officer or employee 21 called to serve as a juror or subpoenaed as a witness is entitled to administrative leave 22 with pay, but compensation received by the employee or to which the employee is 23 entitled, whichever is greater, for service as a juror or witness shall be deducted from 24 pay to which the employee is entitled as a state officer or employee. 25 * Sec. 4. AS 39.20 is amended by adding a new section to read: 26 Sec. 39.20.275. Leave for donation of bone marrow. (a) Notwithstanding 27 AS 39.20.310(1) - (3) and (6) - (8), paid administrative leave of not less than 40 hours, 28 unless the employee requests fewer hours, shall be granted under this section to an 29 employee who requests leave to make a personal bone marrow donation. 30 (b) The director of personnel in the Department of Administration shall adopt 31 regulations to implement this section. 01 (c) In this section, "employee" means an employee of the executive, judicial, 02 or legislative branch of state government, the Alaska Railroad Corporation, or the 03 University of Alaska, whether the employee is a permanent, nonpermanent, or 04 temporary employee, who is employed for an average of 20 or more hours each week. 05 * Sec. 5. AS 39.20.310 is amended to read: 06 Sec. 39.20.310. Exceptions. Except as provided in AS 39.20.275, 07 AS 39.20.200 - 39.20.330 do not apply to 08 (1) members of the state legislature, the governor, the lieutenant 09 governor, and justices and judges of the supreme and superior courts and of the court 10 of appeals, but nothing in AS 39.20.200 - 39.20.330 may be construed to diminish the 11 salaries fixed by law for these officers by reason of absence from duty on account of 12 illness or otherwise; 13 (2) magistrates serving the state on less than a full-time basis; 14 (3) officers, members of the teaching staff, and employees of the 15 University of Alaska; 16 (4) [REPEALED 17 (5)] persons employed in a professional capacity to make a temporary 18 and special inquiry, study, or examination as authorized by the governor, the 19 legislature, or a legislative committee; 20 (5) [(6)] members of boards, commissions, and authorities who are not 21 otherwise employed by the state; 22 (6) [(7)] temporary employees hired for periods of less than 12 23 consecutive months; 24 (7) [(8)] persons employed by the division of marine transportation as 25 masters and members of the crews operating the state ferry system who are covered by 26 collective bargaining agreements as provided in AS 23.40.040, except as expressly 27 provided by law; 28 (8) [(9)] persons employed by the state who are covered by collective 29 bargaining agreements as provided in AS 23.40.210, except as expressly provided by 30 law.