HB 130: "An Act relating to flexible time credit for classified employees in the executive branch who are not eligible for overtime compensation."
00 HOUSE BILL NO. 130 01 "An Act relating to flexible time credit for classified employees in the executive branch 02 who are not eligible for overtime compensation." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 39.20 is amended by adding a new section to read: 05 Article 3A. Flexible Time Credit. 06 Sec. 39.20.355. Flexible time credit for classified employees who are not 07 eligible for overtime compensation. (a) The state shall grant time off with pay in the 08 form of a flexible time credit to a classified employee in the executive branch of state 09 government who is not eligible for overtime compensation in recognition of excessive 10 time worked by the employee. The state shall provide flexible time credit as follows: 11 (1) flexible time credit accrues for each hour or fraction of an hour 12 worked in excess of the employee's standard workweek; 13 (2) flexible time credits shall be credited in quarter hour increments; 14 (3) flexible time credit has no cash value and is canceled without
01 payment upon the employee's separation from state service or applicable bargaining 02 unit; 03 (4) flexible time credit does not accrue for time covered by a pay 04 premium or pay plan designed to compensate an employee who, as part of the 05 employee's job duties, must stay at the worksite for a period longer than 24 hours, 06 including time spent eating, sleeping, and working. 07 (b) A policy adopted by an employer or an applicable collective bargaining 08 agreement may establish additional terms and conditions related to the accrual and use 09 of flexible time credits, including a method of resolving disputes, for an employee. 10 * Sec. 2. AS 39.25.150 is amended to read: 11 Sec. 39.25.150. Scope of the rules. The personnel rules must provide for 12 (1) the preparation, maintenance, and revision, by the director of 13 personnel, subject to approval of the commissioner of administration and the 14 personnel board, of a position classification plan for all positions in the classified and 15 partially exempt services; the position classification plan must include 16 (A) a grouping together of all positions into classes on the basis 17 of duties and responsibilities; 18 (B) an appropriate title, a description of the duties and 19 responsibilities, training and experience qualifications, and other necessary 20 specifications for each class of positions; 21 (2) the preparation, maintenance, revision, and administration by the 22 director of personnel of a pay plan for all positions in the classified and partially 23 exempt services; the pay plan (A) shall be based on the position classification plan; 24 (B) must provide for fair and reasonable compensation for services rendered, and 25 reflect the principle of like pay for like work; (C) may be amended, approved, or 26 disapproved by the legislature in regular or special session; after the pay plan is in 27 effect, a salary or wage payment may not be made to a state employee covered by the 28 plan unless the payment is in accordance with this chapter and the rules adopted under 29 this chapter or unless the payment is in accordance with a valid agreement entered into 30 in accordance with AS 23.40; 31 (3) the use of employee selection methods, including open competitive
01 assessment devices, when appropriate, that will fairly evaluate the capacity and fitness 02 of the person assessed to discharge the duties of the position in which employment is 03 sought; 04 (4) the formulation of a list for appointment and promotion to a 05 position; 06 (5) the procedure for filling positions; the rule adopted under this 07 paragraph may include procedures providing a preference for local residents when 08 appropriate; 09 (6) promotions from within the state service when there are qualified 10 candidates in the state service; vacancies shall be filled by promotion whenever 11 practicable and in the best interest of the state service, and promotion shall be by 12 competitive assessment whenever possible; in considering promotions, the applicants' 13 qualifications, performance records, seniority, and conduct shall be evaluated; 14 (7) a period of probation not to exceed one year before an appointment 15 to a position becomes permanent, unless the period of probation is extended as set out 16 in a collective bargaining agreement under AS 23.40; however, a permanent employee 17 receiving a promotional appointment retains permanent status in the service and job 18 class from which appointed for the duration of the probationary period and may be 19 demoted to a former class without right of appeal, notwithstanding AS 39.25.170, but, 20 if the employee is dismissed from the service, the appeal rights under AS 39.25.170 21 apply; 22 (8) nonpermanent and emergency appointments to positions in the 23 state service in accordance with AS 39.25.195 - 39.25.200; 24 (9) provisional appointment without competitive assessment when the 25 recruitment and assessment procedures have not identified qualified candidates in 26 sufficient number; 27 (10) transfers from one department to another and from another merit 28 system jurisdiction to the state service; 29 (11) transfers from one area of the state to another; 30 (12) the reinstatement of a person who resigns in good standing; 31 (13) layoffs for reason of lack of money or work, abolition of
01 positions, or material changes in duties or organization; both performance and 02 seniority records shall be considered in the development of layoff orders; 03 (14) the development, maintenance, and use of employee performance 04 records; 05 (15) the establishment of disciplinary measures, which may include 06 disciplinary suspension without pay; 07 (16) the procedures for review of disputed personnel actions, for 08 resolving employee and interagency grievances, and for resolving grievances of the 09 general public concerning the operation of the state personnel system; 10 (17) hours of work for all employees in the state service; 11 (18) methods and procedures covering overtime work and pay; 12 (19) the granting of employment preference rights, not within the area 13 of promotion, under AS 39.25.159; 14 (20) the employment of persons in permanent positions on a part-time 15 basis of 15 hours or more a week, including the employment of two persons to fill one 16 permanent full-time position; these employees shall be designated as permanent part- 17 time employees; 18 (21) the granting of employment preference to individuals with severe 19 disabilities; this includes the right to provisional appointment without competitive 20 assessment for periods of up to four months and the granting of eligibility to an 21 individual with a severe disability provisionally appointed under the rules who 22 demonstrates ability to perform the job for permanent appointment without 23 competitive assessment; provisional employment under this paragraph may not exceed 24 four months during a 12-month period; "individual with a severe disability," as used in 25 this paragraph, means an individual certified by the director of the division of 26 vocational rehabilitation to be severely disabled; 27 (22) the establishment of programs facilitating the employment of 28 disadvantaged persons; 29 (23) the delegation, when feasible, of personnel responsibilities and 30 duties to the principal departments of the executive branch; 31 (24) the establishment of a transition period of up to 12 months for an
01 employee to be reappointed to a classified position if the employee's position is 02 withdrawn from the partially exempt or exempt service and placed in the classified 03 service; 04 (25) a procedure allowing an applicant who is a veteran, former 05 prisoner of war, or member of the national guard under AS 39.25.159 to substitute 06 military work experience or training for a nonmilitary work experience or training 07 requirement of a position if the military experience or training meets or exceeds the 08 position requirement; 09 (26) other rules and administrative regulations, not inconsistent with 10 this chapter, that are necessary for its enforcement; 11 (27) methods and procedures covering flexible time credit for 12 classified employees who are not eligible for overtime compensation. 13 * Sec. 3. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 APPLICABILITY. AS 39.20.355, enacted by sec. 1 of this Act, applies to contracts 16 entered into on or after the effective date of this Act.