CSHB 77(STA): "An Act allowing certain public employees to take leave without pay to volunteer with the American Red Cross in a disaster."

00 CS FOR HOUSE BILL NO. 77(STA) 01 "An Act allowing certain public employees to take leave without pay to volunteer with 02 the American Red Cross in a disaster." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 23.30.244 is amended by adding a new subsection to read: 05 (d) A person who is injured during the course and within the scope of 06 providing service as an American Red Cross volunteer while on leave without pay 07 from state service under AS 39.20.285 is not an employee of the state for purposes of 08 a claim under this chapter for compensation for that injury. 09 * Sec. 2. AS 39.20 is amended by adding a new section to read: 10 Sec. 39.20.285. Leave without pay for disaster relief. (a) Notwithstanding 11 AS 39.20.310(1) - (3) and (6) - (8), an employee may take leave without pay not to 12 exceed 15 regularly scheduled work days in a calendar year to volunteer with the 13 American Red Cross while that organization is providing relief from a disaster located 14 in the state.

01 (b) Leave without pay under this section is subject to approval by the 02 supervisor of the employee who requests it; however, approval may not be 03 unreasonably withheld. 04 (c) While on leave without pay under this section, 05 (1) an employee is not eligible to accrue state employee pay and 06 benefits; 07 (2) the employee, for the limited purpose of ensuring that the 08 employee's eligibility for employer-provided group health or group life insurance is 09 unaffected by the leave, shall be considered to be in pay status. 10 (d) Notwithstanding (g) of this section, an employee of the Alaska Housing 11 Finance Corporation or the Alaska Railroad Corporation is not eligible for leave 12 without pay under this section. 13 (e) A claim by an employee for an injury the employee sustains while on leave 14 without pay under this section is subject to the limitations of AS 23.30.244(d). 15 (f) The director of personnel in the Department of Administration shall adopt 16 regulations to carry out the purposes of (a) - (d) of this section. 17 (g) In this section, 18 (1) "disaster" means an event or circumstance that has been formally 19 designated a disaster at level II or higher by the American Red Cross; 20 (2) "employee" means an employee of a branch of state government, 21 including the University of Alaska, whether the employee is a permanent, 22 nonpermanent, or temporary employee. 23 * Sec. 3. AS 39.20.310 is amended to read: 24 Sec. 39.20.310. Exceptions. Except as provided in AS 39.20.275 and 25 39.20.285, AS 39.20.200 - 39.20.330 do not apply to 26 (1) members of the state legislature, the governor, the lieutenant 27 governor, and justices and judges of the supreme and superior courts and of the court 28 of appeals, but nothing in AS 39.20.200 - 39.20.330 may be construed to diminish the 29 salaries fixed by law for these officers by reason of absence from duty on account of 30 illness or otherwise; 31 (2) magistrates serving the state on less than a full-time basis;

01 (3) officers, members of the teaching staff, and employees of the 02 University of Alaska; 03 (4) persons employed in a professional capacity to make a temporary 04 and special inquiry, study, or examination as authorized by the governor, the 05 legislature, or a legislative committee; 06 (5) members of boards, commissions, and authorities who are not 07 otherwise employed by the state; 08 (6) temporary employees hired for periods of less than 12 consecutive 09 months; 10 (7) persons employed by the division of marine transportation as 11 masters and members of the crews operating the state ferry system who are covered by 12 collective bargaining agreements as provided in AS 23.40.040, except as expressly 13 provided by law; 14 (8) persons employed by the state who are covered by collective 15 bargaining agreements as provided in AS 23.40.210, except as expressly provided by 16 law.