HB 100: "An Act relating to teacher and public employee leave."
00 HOUSE BILL NO. 100 01 "An Act relating to teacher and public employee leave." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 14.25.050(c) is amended to read: 04 (c) The employer of a teacher who, because of a physical injury caused by an 05 on-the-job assault, is on [UNPAID] leave of absence or is receiving benefits under 06 AS 23.30 shall pay the teacher's contributions required by this section while the 07 teacher is on [UNPAID] leave or receiving the workers' compensation benefits. 08 * Sec. 2. AS 39.20.305(a) is amended to read: 09 (a) An officer or employee of the state who is otherwise qualified to take leave 10 of absence may take paid family leave because of a serious health condition for a total 11 of 18 workweeks during any 24-month period. An otherwise qualified officer or 12 employee may take family leave because of pregnancy and childbirth or adoption for a 13 total of 18 workweeks within a 12-month period; the right to take leave for this reason 14 expires on the date one year after the birth or placement of the child. The state may 15 not require the employee to substitute accrued paid leave to which the employee
01 is entitled. [AN OFFICER OR EMPLOYEE TAKING LEAVE UNDER THIS 02 SECTION SHALL USE ACCRUED PAID LEAVE UNTIL THE OFFICER OR 03 EMPLOYEE HAS ONLY FIVE DAYS OF PAID LEAVE REMAINING. THE 04 OFFICER OR EMPLOYEE MAY CHOOSE WHETHER TO RETAIN A BALANCE 05 OF FIVE DAYS OF PAID LEAVE AND TAKE THE REMAINING LEAVE AS 06 UNPAID LEAVE OR WHETHER TO EXHAUST THE PAID LEAVE BALANCE. 07 AFTER REDUCING ACCRUED PAID LEAVE AS REQUIRED BY THIS 08 SUBSECTION, THE OFFICER OR EMPLOYEE MAY TAKE LEAVE WITHOUT 09 PAY FOR THE BALANCE OF THE FAMILY LEAVE.] If the employee is entitled 10 to a longer period of time under AS 39.20.500, then the longer period applies. An 11 eligible employee is entitled to take family leave 12 (1) because of pregnancy and the birth of a child of the employee or 13 the placement of a child, other than the employee's stepchild, with the employee for 14 adoption; the department or agency may require that an employee using family leave 15 under this paragraph take the leave in a single block of time; 16 (2) in order to care for the employee's child, spouse, or parent who has 17 a serious health condition; in this paragraph, "child" includes the employee's 18 biological, adopted, or foster child, stepchild, or legal ward; and 19 (3) because of the employee's own serious health condition. 20 * Sec. 3. AS 39.20.500(b) is amended to read: 21 (b) An employee is eligible to take family leave if the employee has been 22 employed by the employer for at least 35 hours a week for at least six consecutive 23 months or for at least 17 1/2 hours a week for at least 12 consecutive months 24 immediately preceding the leave. The leave must [MAY] be paid [UNPAID] leave. 25 The [HOWEVER, THE EMPLOYEE MAY CHOOSE TO SUBSTITUTE, OR THE] 26 employer may not require the employee to substitute [,] accrued paid leave to which 27 the employee is entitled. An employer shall permit an eligible employee to take family 28 leave because of a serious health condition for a total of 18 workweeks during any 24- 29 month period. An employer shall permit an eligible employee to take family leave 30 because of pregnancy and childbirth or adoption for a total of 18 workweeks within a 31 12-month period; the right to take leave for this reason expires on the date one year
01 after the birth or placement of the child. If the employee is entitled to a longer period 02 of time under (a) of this section, then the longer period applies. An eligible employee 03 is entitled to take family leave 04 (1) because of pregnancy and the birth of a child of the employee or 05 the placement of a child, other than the employee's stepchild, with the employee for 06 adoption; an employer may require that an employee using family leave under this 07 paragraph take the leave in a single block of time; 08 (2) in order to care for the employee's child, spouse, or parent who has 09 a serious health condition; in this paragraph, "child" includes the employee's 10 biological, adopted, or foster child, stepchild, or legal ward; and 11 (3) because of the employee's own serious health condition. 12 * Sec. 4. AS 39.20.500(d) is amended to read: 13 (d) During the time that an employee is on leave under this section, the 14 employer shall maintain coverage under any group health plan at the level and under 15 the conditions that coverage would have been provided if the employee had been 16 employed continuously from the date the leave began to the date the employee returns 17 from leave under (e) of this section. [HOWEVER, THE EMPLOYER MAY 18 REQUIRE THAT THE EMPLOYEE PAY ALL OR PART OF THE COSTS FOR 19 MAINTAINING HEALTH INSURANCE COVERAGE DURING A PERIOD OF 20 UNPAID LEAVE.] 21 * Sec. 5. AS 39.35.160(d) is amended to read: 22 (d) The employer of a member who is employed by a school district, a 23 regional educational attendance area, or a state boarding school who is assaulted while 24 on the job and who, as a result of a physical injury from the assault, is placed on 25 [UNPAID] leave of absence or is receiving benefits under AS 23.30, shall pay the 26 member's contributions under this section while the member is, as a result of the on- 27 the-job injury, on [UNPAID] leave or receiving the benefits under AS 23.30.