HB 347: "An Act allowing certain teachers, public employees, and private sector employees to take leave without pay when their spouses are on leave from deployment in a combat zone."
00 HOUSE BILL NO. 347 01 "An Act allowing certain teachers, public employees, and private sector employees to 02 take leave without pay when their spouses are on leave from deployment in a combat 03 zone." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 14.20.345(b) is amended to read: 06 (b) A leave of absence under this section or AS 14.20.348 is not an 07 interruption of the continuous service necessary to attain or retain retirement or tenure 08 rights under AS 14.20.150, 14.20.155, or 14.20.160. However, the time spent on leave 09 of absence under this section may not be counted in determining when a teacher has 10 sufficient service to enable the teacher to acquire retirement or tenure rights. 11 * Sec. 2. AS 14.20 is amended by adding a new section to read: 12 Sec. 14.20.348. Leave without pay when spouse is on leave from military 13 deployment in a combat zone. (a) Notwithstanding AS 14.20.345(a), a teacher may 14 take leave without pay, not to exceed 10 regularly scheduled work days in a calendar
01 year, when the teacher's spouse is a member of a regular, reserve, or auxiliary 02 component of the armed forces of the United States or the organized militia under 03 AS 26.05.010 who is deployed during a period of military conflict in a geographic 04 area that is designated a combat zone by the President of the United States and is on 05 leave from that military deployment for any reason. In this subsection, "period of 06 military conflict" means a period of war 07 (1) declared by the United States Congress; or 08 (2) in which a member of a reserve component of the armed forces of 09 the United States is ordered to active duty under 10 U.S.C. 12301 or 12302. 10 (b) A teacher is not required to give advance notice of a request for leave 11 under this section. 12 (c) A request for leave that meets the requirements of (a) of this section may 13 not be denied, and a teacher's employer may not, by act or omission, retaliate against 14 the teacher for requesting or taking the leave. 15 (d) A leave of absence under this section 16 (1) is not a break in service for retirement purposes; 17 (2) continues the teacher in pay status, notwithstanding 18 AS 14.20.345(d) and (f), for the purpose of ensuring that the teacher's eligibility for 19 employee benefits, including retirement benefits, is not affected by the leave; and 20 (3) except as provided in (1) and (2) of this subsection, does not entitle 21 the teacher to accrue retirement benefits that would not ordinarily accrue if the teacher 22 were on leave of absence without pay under AS 14.20.345(a). 23 (e) A change to a teacher's terms or conditions of employment is void if its 24 cause is an act of retaliation that violates (c) of this section. 25 * Sec. 3. AS 23.10.105 is amended to read: 26 Sec. 23.10.105. Posting summary required. An employer subject to 27 AS 23.10.050 - 23.10.150 or 23.10.435 shall keep a summary or abstract of the 28 applicable [THESE] sections, approved by the commissioner, posted in a conspicuous 29 location at the place where a person subject to them is employed. An employer shall 30 be furnished copies of a summary by the state on request without charge. 31 * Sec. 4. AS 23.10 is amended by adding a new section to article 7 to read:
01 Sec. 23.10.435. Leave without pay when spouse is on leave from military 02 deployment in a combat zone. (a) This section applies to every person that, as an 03 employer, other than the federal or state government or the government of a political 04 subdivision of the state, employs any combination of 20 or more full-time, part-time, 05 and temporary employees who are compensated under an express or implied contract 06 of hire that is oral or written. 07 (b) An employee of an employer described in (a) of this section may take, and 08 the employee's employer shall grant, leave without pay, not to exceed 10 regularly 09 scheduled work days in a calendar year, when the employee's spouse is a member of a 10 regular, reserve, or auxiliary component of the armed forces of the United States or the 11 organized militia under AS 26.05.010 who is deployed during a period of military 12 conflict in a geographic area that is designated a combat zone by the President of the 13 United States and is on leave from that military deployment for any reason. In this 14 subsection, "period of military conflict" means a period of war 15 (1) declared by the United States Congress; or 16 (2) in which a member of a reserve component of the armed forces of 17 the United States is ordered to active duty under 10 U.S.C. 12301 or 12302. 18 (c) An employee is not required to give advance notice of a request for leave 19 under this section. 20 (d) A request for leave that meets the requirements of (b) of this section may 21 not be denied, and an employee's employer may not, by act or omission, retaliate 22 against the employee for requesting or taking the leave. 23 (e) A leave of absence under this section 24 (1) is not a break in service for retirement purposes; 25 (2) continues the employee in pay status for the purpose of ensuring 26 that the employee's eligibility for employee benefits, including retirement benefits, is 27 not affected by the leave; and 28 (3) except as provided in (1) and (2) of this subsection, does not entitle 29 the employee to accrue retirement benefits that would not ordinarily accrue when the 30 employee is on other authorized leave without pay. 31 (f) A change to an employee's terms or conditions of employment is void if its
01 cause is an act of retaliation that violates (d) of this section. 02 (g) An employer may not 03 (1) hinder or delay the commissioner or an authorized representative of 04 the commissioner in the performance of a duty related to the enforcement of this 05 section; 06 (2) refuse to admit the commissioner or an authorized representative of 07 the commissioner to any place of employment as may be required for the enforcement 08 of this section; 09 (3) refuse to make a record accessible, or to furnish a sworn statement 10 of the record, or to give information required for the enforcement of this section, upon 11 demand, to the commissioner or an authorized representative of the commissioner; 12 (4) fail to post a summary or abstract of this section as required by 13 AS 23.10.105; or 14 (5) discharge or in any other manner discriminate or retaliate against 15 an employee because the employee has filed a complaint, instituted or caused to be 16 instituted any proceeding under or related to this section, or testified or is about to 17 testify in a proceeding under or related to this section. 18 (h) An employer who violates this section is subject to AS 23.10.110. 19 (i) The commissioner shall adopt regulations to implement this section. 20 * Sec. 5. AS 39.20 is amended by adding a new section to read: 21 Sec. 39.20.285. Leave without pay when spouse is on leave from military 22 deployment in a combat zone. (a) This section applies to every person who is a paid 23 employee of 24 (1) the executive, judicial, or legislative branch of state government, a 25 state public corporation or council established by law, or the University of Alaska, 26 whether the employee is a permanent, nonpermanent, or temporary employee, who is 27 employed for an average of 20 or more scheduled hours each week, but does not 28 include employees of the Alaska Railroad Corporation; 29 (2) a political subdivision of the state. 30 (b) An employee may take leave without pay, not to exceed 10 regularly 31 scheduled work days in a calendar year, when the employee's spouse is a member of a
01 regular, reserve, or auxiliary component of the armed forces of the United States or the 02 organized militia under AS 26.05.010 who is deployed during a period of military 03 conflict in a geographic area that is designated a combat zone by the President of the 04 United States and is on leave from that military deployment for any reason. In this 05 subsection, "period of military conflict" means a period of war 06 (1) declared by the United States Congress; or 07 (2) in which a member of a reserve component of the armed forces of 08 the United States is ordered to active duty under 10 U.S.C. 12301 or 12302. 09 (c) An employee is not required to give advance notice of a request for leave 10 under this section. 11 (d) A request for leave that meets the requirements of (b) of this section may 12 not be denied, and an employee's employer may not, by act or omission, retaliate 13 against the employee for requesting or taking the leave. 14 (e) A leave of absence under this section 15 (1) is not a break in service for retirement purposes; 16 (2) continues the employee in pay status for the purpose of ensuring 17 that the employee's eligibility for employee benefits, including retirement benefits, is 18 not affected by the leave; and 19 (3) except as provided in (1) and (2) of this subsection, does not entitle 20 the employee to accrue retirement benefits that would not ordinarily accrue when the 21 employee is on other authorized leave without pay. 22 (f) A change to an employee's terms or conditions of employment is void if its 23 cause is an act of retaliation that violates (d) of this section. 24 (g) The director of personnel in the Department of Administration shall adopt 25 regulations to implement this section as it applies to employees described in (a)(1) of 26 this section. 27 * Sec. 6. AS 39.20.310 is amended to read: 28 Sec. 39.20.310. Exceptions. Except as provided in AS 39.20.275 and 29 39.20.285, AS 39.20.200 - 39.20.330 do not apply to 30 (1) members of the state legislature, the governor, the lieutenant 31 governor, and justices and judges of the supreme and superior courts and of the court
01 of appeals, but nothing in AS 39.20.200 - 39.20.330 may be construed to diminish the 02 salaries fixed by law for these officers by reason of absence from duty on account of 03 illness or otherwise; 04 (2) magistrates serving the state on less than a full-time basis; 05 (3) officers, members of the teaching staff, and employees of the 06 University of Alaska; 07 (4) persons employed in a professional capacity to make a temporary 08 and special inquiry, study, or examination as authorized by the governor, the 09 legislature, or a legislative committee; 10 (5) members of boards, commissions, and authorities who are not 11 otherwise employed by the state; 12 (6) temporary employees hired for periods of less than 12 consecutive 13 months; 14 (7) persons employed by the division of marine transportation as 15 masters and members of the crews operating the state ferry system who are covered by 16 collective bargaining agreements as provided in AS 23.40.040, except as expressly 17 provided by law; 18 (8) persons employed by the state who are covered by collective 19 bargaining agreements as provided in AS 23.40.210, except as expressly provided by 20 law.