HB 30: "An Act relating to the payment of sick leave by employers; and providing for an effective date."

00 HOUSE BILL NO. 30 01 "An Act relating to the payment of sick leave by employers; and providing for an 02 effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 23.10 is amended by adding a new section to read: 05 Sec. 23.10.062. Minimum paid sick leave. (a) An employer shall provide to 06 an employee who resides in the state at least one hour of paid sick leave for every 40 07 hours the employee works. An employee who accrues paid sick leave may begin using 08 it on the earlier of the date 09 (1) agreed to by the employer; 10 (2) the employee completes 480 hours of work for the employer; or 11 (3) 90 days after the employee begins working for the employer. 12 (b) An employer is not subject to this section if the employer offers to each of 13 its employees who reside in the state paid leave that 14 (1) accrues at a rate that is equal to or greater than one hour for every

01 40 hours worked; 02 (2) may be carried over from year to year; and 03 (3) may be used as provided by this section. 04 (c) For the purpose of this section, a full-time employee who is exempt from 05 the overtime requirements of 29 U.S.C. 213(a)(1) shall be considered to have worked 06 40 hours for each full work week the employee completes. 07 (d) Subject to the limitations of this section, an employer shall permit an 08 employee to use paid sick leave for 09 (1) the prevention, diagnosis, or treatment of the employee or a 10 member of the employee's immediate family for a mental or physical illness, injury, or 11 health condition; 12 (2) time the employee spends away from work because the employee 13 or a member of the employee's immediately family is the victim of a crime of sexual 14 assault, domestic violence, or stalking. 15 (e) An employer who violates this section is subject to AS 23.10.110. An 16 employer violates this section if the employer 17 (1) hinders or delays the commissioner or an authorized representative 18 of the commissioner in the performance of a duty related to the enforcement of this 19 section; 20 (2) refuses to admit the commissioner or an authorized representative 21 of the commissioner to any place of employment as may be required for the 22 enforcement of this section; 23 (3) refuses to make a record accessible, to furnish a sworn statement of 24 the record, or to give information required for the enforcement of this section, upon 25 demand, to the commissioner or an authorized representative of the commissioner; 26 (4) fails to post a summary or abstract of this section as required by 27 AS 23.10.105; or 28 (5) discharges or in any other manner discriminates against an 29 employee because the employee has filed a complaint, instituted or caused to be 30 instituted a proceeding under or related to this section, or testified or is about to testify 31 in a proceeding under or related to this section.

01 (f) An employee may carry over unused paid sick leave from year to year. An 02 employee is not entitled to payment for unused accrued paid sick leave unless the 03 employer agrees to the payment. 04 (g) In this section, 05 (1) "employer" means a person, other than a federal, state, or 06 municipal government, who employs any combination of 15 or more full-time, part- 07 time, and temporary employees who are compensated under an express or implied 08 contract of hire that is spoken or written; 09 (2) "immediate family" means 10 (A) a spouse of the employee; or 11 (B) a parent, child, including a stepchild and an adopted child, 12 and sibling of the employee if the parent, child, or sibling resides with the 13 employee; 14 (3) "paid sick leave" means time that is compensated at the same 15 hourly rate and with the same benefits that the employee would earn while working. 16 * Sec. 2. AS 23.10.110(a) is amended to read: 17 (a) An employer who violates a provision of AS 23.10.060, 23.10.062, or 18 23.10.065 is liable to an employee affected in the amount of unpaid minimum wages, 19 unpaid sick leave, or unpaid overtime compensation, as the case may be, and, except 20 as provided in (d) of this section, in an additional equal amount as liquidated damages. 21 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 22 read: 23 APPLICABILITY. AS 23.10.062, enacted by sec. 1 of this Act, applies to 24 (1) work performed after September 30, 2017; and 25 (2) contracts formed after September 30, 2017. 26 * Sec. 4. This Act takes effect October 1, 2017.