Legislature(2009 - 2010)BELTZ 105 (TSBldg)
02/25/2010 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB266 | |
| SB278 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 266 | TELECONFERENCED | |
| *+ | SB 278 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 278-LEAVE FOR MILITARY SPOUSES
9:18:00 AM
CHAIR MENARD announced the next order of business to come before
the committee to be SB 278.
SENATOR WIELECHOWSKI, sponsor of SB 278, said SB 278 allows the
spouses of soldiers serving in combat zones to take up to 10
days of unpaid leave from work while the soldier is on leave
from a combat zone. SB 278 applies to all active duty and
reserve members whose family members live in Alaska. Leave for
soldiers is often unpredictable and a spouse should not have to
worry about time off work when a loved one has a few days away
from a combat zone.
SENATOR WIELECHOWSKI said horror stories from people who were
not granted time off work were the impetus behind SB 278. Ten
states have similar bills, some of which allow up to 30 days of
leave. To be respectful to the business community, SB 278 limits
time off to 10 days. He noted opposition has come from the
National Federation of Independent Business / Alaska (NFIB).
Other states have had zero opposition to similar bills and no
complaints from similar legislation.
9:21:02 AM
CHAIR MENARD asked if consideration has been given to the
parents of soldiers.
SENATOR WIELECHOWSKI said other states have provisions for
siblings, grandparents or close relationships. He said he is
trying to limit the impact and be considerate of the business
community by starting small and targeting the spouses.
CHAIR MENARD She said she is sensitive to the impact that SB 278
could have on small business with only two or three employees.
SENATOR FRENCH said SB 278 would apply to state of Alaska
teachers, public employees and private sector businesses with 20
or more employees.
SENATOR WIELECHOWSKI said Senator French's interpretation is
correct. SB 278 applies to businesses with more than 20
employees.
9:23:20 AM
CHAIR MENARD asked if the employer has a mechanism to verify
that the employee is married to the soldier.
SENATOR WIELECHOWSKI said he thinks verification is appropriate
and noted that lying about having a spouse in the armed forces
is grounds for termination. Some states have provisions allowing
for documentation. He said this type of legislation is a growing
trend with 10 states adopting similar legislation since 2007.
Information on other state's requirements is in the committee
packet.
CHAIR MENARD asked if other additional states have a similar
bill in progress.
GEORGE ASCOTT, aide to Senator Wielechowski, replied that he is
not aware of other states with a bill in progress now. He said
Senator Ron Wyden has sponsored a federal bill that would do the
same thing. That bill has not passed and Mr. Ascott is unsure of
its current status.
9:26:09 AM
SENATOR MEYER felt that the ability to verify that the spouse
truly was in a combat zone is important. He is concerned about a
spouse leaving his or her job without notice as that could be
devastating to a large retail store right before Christmas, for
example, or to a small rural school. He asked how other states
deal with this problem.
SENATOR WIELECHOWSKI replied that Alaska would be supporting the
troops by allowing their spouses to have this time off. Doing so
may cause some hardship for some employers. He said military
leave is unpredictable and addressing the problem of
notification for employers is challenging.
9:29:12 AM
SENATOR MEYER said he wonders if the blow to public and private
employers can be lessened. He noted that a fiscal note was not
present and said if a state employee is absent for ten days, a
cost would be incurred to fill in for that person.
CHAIR MENARD noted that paying for a substitute teacher is also
a cost.
SENATOR WIELECHOWSKI said the leave addressed in SB 278 is
unpaid leave. A state employee would not get paid for this time
off so there could be a positive fiscal impact to the state. A
substitute teacher typically does not get paid anywhere near
what a regular teacher does.
SENATOR MEYER stated that if a state employee can be gone for 10
days and not have an impact, then we have too many employees. If
an employee is absent, a temporary employee has to be brought
in. He said he would like to hear from Superintendent Comeau
(Anchorage School District) about getting substitute teachers at
the last minute. While they are paid less, the quality of
education is impacted.
SENATOR WIELECHOWSKI said he is open to suggestions.
9:31:56 AM
SENATOR WIELECHOWSKI asked the bill drafter, Dan Wayne, to
address Senator Meyer's question about the timeliness of the
request for leave.
DAN WAYNE, Lawyer, Legislative Legal Affairs (LLA), replied that
a reasonable time for giving notice of time off work is not
defined and would be subject to interpretation by the employer.
SENATOR KOOKESH said a lot of military personnel do get notice
of leave. He noted it is a two or three day trip from
Afghanistan to the United States. He suggested that some notice
should be given to the employer if possible; certain
circumstances or exemptions could be drafted into SB 278.
CHAIR MENARD commented that 24 or 48 hours might be possible.
SENATOR KOOKESH said he was thinking of 24 hours of notice.
9:34:56 AM
SENATOR MEYER said even with 48 hours of notice, the employer
needs some way to know that the employee's spouse is even in the
military. He commented that like any good program, people will
abuse it.
SENATOR WIELECHOWSKI said he would work on some language about
verification.
9:35:54 AM
CHAIR MENARD opened public testimony.
JEFFREY MITTMAN, Executive Director, ACLU - Alaska, noted he is
a former infantry lieutenant of the US Army. He said the ACLU is
concerned with civil liberties and constitutional rights under
the US and Alaska constitutions. The ACLU supports SB 278. He
stated that under the Alaska Supreme Court's ruling in ACLU v.
Alaska, the Supreme Court recognized that, because the Alaska
constitution forbids same-sex domestic partners from the
opportunity to legally marry, it is a violation of the equal
protection clause to confer benefits by the government on
legally married spouses and deny them to same sex domestic
partners. The ACLU - Alaska asks that SB 278 be amended to state
"spouses or same-sex couples" or "spouses and same-sex domestic
partners" rather than just "spouses". The non-partisan urban
institute has estimated 65,000 lesbian, gay and transgender
individuals, many with families, are serving in the United
States military in both combat and non-combat zones. Amending SB
278 in this way would affirm the current realities of combat
members and keep consistent with the Supreme Court.
9:38:21 AM
CHAIR MENARD asked if the military person would have a same-sex
partner declared.
JEFFREY MITTMAN said that based on the current policy of "Don't
Ask, Don't Tell," requiring declaration of a same-sex partner
for the military is not possible. The non-military member of a
partnership would inform their employer that they would like
time off to spend time with their military partner. That does
not require the partner's identity to be disclosed to the
military and does not violate "Don't Ask, Don't Tell."
SENATOR KOOKESH said even for people married in statute, they
will have to prove that one is in the military.
JEFFREY MITTMAN said the issue of documentation was handled in
ACLU v. Alaska. Verification of domestic partnership can be
proved with notarized statement that an ongoing, intertwined,
emotional and financial relationship exists. Leave orders could
provide verification of military status.
9:41:07 AM
CHAIR MENARD asked if SB 278 would have a negative effect on
small businesses hiring military spouses.
SENATOR WIELECHOWSKI said no detrimental impact has been
experienced in other states with similar legislation.
MR. ASCOTT said the legislators and staff he spoke with in
Oregon and California reported no complaints about similar
legislation.
SENATOR KOOKESH said a business with 19 employees is no longer a
small business and taking one away should not be a disruption.
He is comfortable having the number of employees set at 20
before SB 278 takes effect.
MR. WAYNE pointed out that all leave statutes for state
employees allow the departments to set regulations. The burden
is on the employee to provide information if asked by the
employer.
9:44:54 AM
STACY BANNERMAN, blue star wife of an Army National Guard
Soldier, said her husband returned from his second combat
deployment in Iraq in the Fall of 2009 and will likely serve a
third deployment. She said in a few months, another 30,000
troops, most with children and spouses who work, will be
deploying to Afghanistan. SB 278 would allow a working spouse to
spend time with a loved one on military leave without fear of
losing his or her job.
Family members can provide their employer with documentation,
such as a copy of the military spouse's orders. Any additional
questions or needs of the employer could be addressed by the
Family Readiness Coordinator. She said her husband spent several
months training thousands of miles away prior to his second tour
in Iraq. When he had leave, she had recently started a new job
with no sick leave or vacation time available and it would be
more than one year before she saw her husband again. Supporting
the troops includes supporting military families.
9:48:26 AM
MS. BANNERMAN said this is the first time in US history that the
burdens of war have been borne virtually exclusively by troops
and their families during an extended conflict. When the veteran
comes home, family support is the single most critical factor in
successful reintegration of that veteran. The demands of the War
on Terror and the demographics of the 21st century military are
very different from the past. Adapting to those realities must
include expanding support for military families. She read three
letters from military wives about the need for a military family
leave act:
…Women have had to make the choice sometimes of
quitting their jobs in order to have that time with
their husbands and in today's economy that is clearly
not the best choice for some families.
I've had friends treated poorly over asking for time
off when their hubbies were coming home from 15 month
deployments and friends who subsequently had to quit
their jobs in order to get that time that is so well
deserved and much needed…
My husband left in October last year in his second
tour to Iraq. I had to travel cross-country to see him
for four days at Fort Dix, New Jersey and I almost
lost my job because of it. I had to fight for it.
After calling upper management and the mayor's office,
they finally backed off. There's still a lot of
tension at work. He'll be home this summer for his two
weeks and I'm already fighting for time off as we
speak. They always ensure that they support the troops
and my husband but they're sorry I can't have the time
off. I hope the bill passes so I don't have to worry
about spending time with my husband and our children
in the future.
MS. BANNERMAN concluded that ten days off for one employee is a
tiny sacrifice to help shoulder the burden of war borne
exclusively by troops and their families. For some, the reality
is that their soldier will come home in a box. Alaska's military
families deserve ten days.
9:51:44 AM
SENATOR MEYER asked Ms. Bannerman if she gets notice when her
husband is coming home.
MS. BANNERMAN said generally speaking advanced notice is given.
Anticipated leave dates are usually known two to four weeks in
advance though last minute changes sometimes alter things by 48
hours or so. She noted that the spouse's employer could be given
a copy of the soldier's Title 10 orders for deployment prior to
the soldier's deployment.
9:54:37 AM
She said military family members need to communicate with
employers. She pointed out that some incidences render advance
notice impossible.
NIKKI NEAL, Director, Division of Personnel and Labor Relations,
Department of Administration, addressed Senator Meyer's earlier
question about the cost associated with filling in for an absent
employee for 10 days. She said employees have unexpected periods
of leave for many reasons. Absences of 10 days or less are not
commonly back-filled. Other employees and the supervisor take on
work that is needed immediately and other work can be delayed.
SENATOR MEYER asked if some teachers are state employees, such
as at Mt. Edgecumbe.
MS. NEAL replied yes and said substitutes are pulled from a
pool, for many reasons, with an associated cost covered within
their budget.
SENATOR MEYER said the fiscal note should be indeterminate
because the impact is unknown. He said a substitute teacher, for
example, has to be paid to something for 10 days of work.
MS. NEAL reiterated that paying substitutes is managed within
their school budgets.
CHAIR MENARD asked if Ms. Neal thought 10 days was a manageable
absence.
9:58:53 AM
MS. NEAL said 10 days is reasonable. Employees also have deaths
and unplanned medical emergencies in the family. She said she
would not expect SB 278 to create employee absences too
regularly in any one department.
DENNY DEWITT, Alaska State Director, National Federation of
Independent Business (NFIB), said the NFIB has a number of
concerns with SB 278. Many small employers, such as tourism
businesses, go over 20 employees at a time when they need all
employees on a "crash basis". He said half of the employees of a
small business near a military base, such as North Pole, might
be military spouses. He pointed out that 4,000 troops just
rotated home in Fairbanks and said 4,000 spouses taking
unnoticed leave could be devastating. Some small businesses
could have more than one or two employees taking this leave. He
said he has spoken with employers who say they try to work
things out with their employees, providing opportunities for
time off, and keep the business running. A small employer might
have to pay overtime to fill vacancies the cost of benefits for
the absent employee is still being carried.
10:02:33 AM
MR. DEWITT noted that the penalties for not providing time off
are more severe in SB 287 than they are in relation to jury
duty.
CHAIR MENARD asked if he would like SB 287 to mirror laws
pertaining to jury duty.
MR. DEWITT said mirroring jury duty would be more appropriate
than SB 287 is now. He said applying this law to the private
sector would be government interference.
SENATOR KOOKESH asked Mr. Dewitt to suggest what could be
changed and still get to the end result of military spouses
getting time off while a spouse has leave from a combat zone. He
noted that when 4,000 troops return to Fairbanks, they are
coming home, not coming out of combat and going right back.
10:05:37 AM
MR. DEWITT replied when his son has come home from Iraq and
Afghanistan, he comes home on leave. Many of the folks who come
back are on leave. As NFIB reads SB 287, returning from
deployment on leave would be covered as well.
He said he has talked to a number of NFIB members with
businesses near bases who have not reported a problem and do not
see a need for legislation to get involved in dealing with their
employees which they already do as best they can. He noted that
governmental employees, because of the structure of statutes,
have more difficulty accommodating employees on different issues
than the private sector does. In the private sector, most
employers and employees know each other and work through
problems. Government involvement makes it more difficult for
private sector employers to deal with issues.
10:08:16 AM
SENATOR KOOKESH said it seems the NFIB will not support SB 287.
He pointed out that Ms. Bannerman's testimony illustrated the
kinds of problems that SB 287 is trying to address.
MR. DEWITT replied that he does not know who the employers of
the women who wrote the letters were. He noted one was
apparently from Portland and said Alaskan businesses have a very
different relationship with the military than most states. He
said another letter read by Ms. Bannerman referred to having to
go up the chain to the Mayor, which implies a public employer.
He said private employers in Alaska have been very supportive
and want to continue to hire military spouses.
SENATOR MEYER said SB 287 should include some requirement of
giving notice to the employer if at all possible. He also asked
how a small business is defined.
MR. DEWITT replied that the federal notion of a small business
is under 100 employees. However, he said several things besides
the number of employees differentiate large employers from small
employers and gave an example of a hospitality operator with 225
employees who is competing against major global employers.
10:12:37 AM
CHAIR MENARD closed public testimony.
CHAIR MENARD said she felt it was in the committee's best
interest to hold SB 278 for a future hearing and get some of
their questions fine-tuned.
10:13:08 AM
CHAIR MENARD adjourned the meeting at 10:13 a.m.
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