Legislature(2009 - 2010)

03/23/2010 02:05 PM Senate L&C


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               SB 278-LEAVE FOR MILITARY SPOUSES                                                                            
                                                                                                                                
3:06:05 PM                                                                                                                    
CHAIR PASKVAN announced SB 278 to be up for consideration.                                                                      
                                                                                                                                
3:06:09 PM                                                                                                                    
SENATOR  BILL WIELECHOWSKI,  sponsor  of SB  278, explained  that                                                               
this bill allows  spouses of soldiers serving in  combat zones to                                                               
take 10 days  of unpaid leave from work while  that soldier is on                                                               
leave from the field of battle.  He said the many of the concerns                                                               
have been  addressed. Two  changes were suggested  at the  end of                                                               
the  last  hearing.  One  was   to  fix  the  language  currently                                                               
describing a period of military  contact. The other change was at                                                               
Senator  Kookesh's request  to clarify  that schools  with 20  or                                                               
fewer employees are  not required to provide 10 days  of leave to                                                               
their  teachers without  pay, but  they are  also not  prohibited                                                               
from doing that.                                                                                                                
                                                                                                                                
3:07:45 PM                                                                                                                    
GEORGE ASCOTT,  staff to Senator  Wielechowski, said  the changes                                                               
can be found in committee (CS)  that had not been adopted labeled                                                               
26-LS1034\C. The first  change was made because of  an error that                                                               
required Congress  to have formally  declared war in order  for a                                                               
person in the regular armed forces  to qualify for this. It turns                                                               
out that Congress  has not formally declared war  since WWII, but                                                               
they have authorized  it. That clarification was made  on page 3,                                                               
lines 7-8, page 5, line 22, and page 7, lines 11-12.                                                                            
                                                                                                                                
The  second  change  was  on  page  2,  lines  1-4,  to  make  it                                                               
absolutely clear  that teachers that  work for schools  with less                                                               
than 20 employees, particularly rural  schools that may have only                                                               
one teacher, may  provide this leave if they want  to but are not                                                               
required to.                                                                                                                    
                                                                                                                                
3:09:57 PM                                                                                                                    
SENATOR KEVIN MEYER asked how  this bill differs from the Federal                                                               
Family Medical Leave Act.                                                                                                       
                                                                                                                                
MR. ASCOTT  explained the major  difference is that SB  278 would                                                               
allow  more Alaskan  soldiers to  qualify. Under  federal law  an                                                               
employee must  work for  an employer with  50 or  more employees.                                                               
This  bill applies  to an  employer  with 20  or more  employees.                                                               
Under the  federal act an  employee must  have worked for  a full                                                               
year  and  a total  of  1,250  hours  during  that year;  SB  278                                                               
requires an employee to have worked  more than 20 hours per week.                                                               
This is in response to  the fact that military families typically                                                               
tend to move  every couple of years; the spouse  is often raising                                                               
children  and can't  necessarily work  for a  full year  for that                                                               
many hours - or hasn't during a deployment.                                                                                     
                                                                                                                                
CHAIR PASKVAN asked for the difference in hours per year.                                                                       
                                                                                                                                
MR.  ASCOTT said  under  SB  278 an  employee  must  work for  an                                                               
employer that has  more than 20 employees for more  than 20 hours                                                               
per week.  Under the federal law  an employee has to  have worked                                                               
for a full year of not less than 1,250 hours to qualify.                                                                        
                                                                                                                                
SENATOR MEYER asked how they arrived  at 20 employees or more; he                                                               
liked  the  federal  limit  of  50  because  more  employees  are                                                               
available to cover for the person who would be gone.                                                                            
                                                                                                                                
MR. ASCOTT replied  they reviewed what other states  did; many of                                                               
them have a  20 employee limit and hadn't  discovered any problem                                                               
with meeting that criterion.                                                                                                    
                                                                                                                                
SENATOR MEYER  mentioned he  liked the  correction that  they are                                                               
now  requiring  a two-week  notice.  That  gives the  employer  a                                                               
chance to get a temporary to fill in.                                                                                           
                                                                                                                                
3:14:07 PM                                                                                                                    
JEFFREY  MITTMAN, Executive  Director,  American Civil  Liberties                                                               
Union (ACLU)  of Alaska, said  they worked with the  Senate State                                                               
Affairs Committee  on constitutional  issues on  SB 278  and they                                                               
now fully support  it. The current version is  in compliance with                                                               
the Alaska Supreme Court's ruling in AKCLU v Alaska.                                                                            
                                                                                                                                
3:15:01 PM                                                                                                                    
AL   TAMAGNI,   Sr.,   Pension  Services   International,   Inc.,                                                               
Anchorage, said  they looked  at the House  version of  this bill                                                               
initially and determined  that the other states  had passed their                                                               
bills before  the enactment of  the Defense Authorization  Act of                                                               
2010 that was signed by President  Obama on October 28, 2009. The                                                               
federal  act  grants  5  days  of unpaid  leave  and  the  Alaska                                                               
proposal grants  10 working  days. He  didn't think  the sponsors                                                               
were aware of  this passed legislation when it was  in the House.                                                               
Basically the federal act takes  care of all these problems. Some                                                               
parts of the  CS are regulated by the  Employee Retirement Income                                                               
Security Act of 1974 (ERISA),  which can't be superseded by state                                                               
law.   Most importantly there  has been  no evidence at  all that                                                               
this  is being  abused by  Alaskan employers.  He considered  the                                                               
suggestion in  this bill a  "slap in our  face." It is  trying to                                                               
solve a problem that does not exist.                                                                                            
                                                                                                                                
3:18:26 PM                                                                                                                    
CHAIR PASKVAN  asked if he  had a problem  with the 20  versus 50                                                               
employee limit.                                                                                                                 
                                                                                                                                
MR. TAMAGNI answered yes.                                                                                                       
                                                                                                                                
CHAIR  PASKVAN  asked if  he  had  a  problem with  the  two-week                                                               
notice.                                                                                                                         
                                                                                                                                
MR.   TAMAGNI  replied   yes,  because   there  are   times  when                                                               
deployments happen that  they don't have two  weeks' notice. It's                                                               
military tactics to  change deployment times in the  event of war                                                               
so that no  one knows precise times of  transportation. He didn't                                                               
see why this  bill was needed because the federal  law takes care                                                               
of everything and has exempted  all small entities with less than                                                               
50 employees under the Family Medical Leave Act.                                                                                
                                                                                                                                
SENATOR MEYER  followed up saying 50  is better than 20.  It just                                                               
seems like  20 employees didn't  give a whole lot  of flexibility                                                               
to an employer  for filling in for someone who  would be gone for                                                               
10 days. Fifty  days would give an employer enough  time to cover                                                               
for the person who is absent.                                                                                                   
                                                                                                                                
MR. TAMAGNI agreed.  Just leave the federal act  in place because                                                               
it addresses everybody's concerns.                                                                                              
                                                                                                                                
SENATOR MEYER  said that  was a  good point.  He didn't  know the                                                               
differences between the federal act and this bill.                                                                              
                                                                                                                                
MR.  TAMAGNI said  the federal  act  allows five  days of  unpaid                                                               
leave for the  spouse. This bill wants 10 working  days of unpaid                                                               
leave and to  apply to employers who have more  than 20 employees                                                               
when the federal  act says 50. There is  no demonstrated evidence                                                               
of  any  abuse  or  problems.  He said  they  have  checked  with                                                               
employers  in  Anchorage  and  Fairbanks  and  lot  of  them  are                                                               
veterans themselves.                                                                                                            
                                                                                                                                
3:21:59 PM                                                                                                                    
RIC DAVIDGE, President, Viet Nam  Veterans of America, said he is                                                               
also Chairman  of the  Alaska Veterans  Foundation. With  all due                                                               
respect  to the  person who  testified before  him, he  said that                                                               
military families  don't always get  much notice, and,  yes, most                                                               
Alaskan  businesses  have  been  very  helpful  for  spouses  and                                                               
families to spend  time with their warrior, but this  bill is not                                                               
just dealing with deployment and  return. It is also dealing with                                                               
when a soldier is  given R&R time but is unable  to return to the                                                               
country  and the  spouse would  like to  go over  and meet  their                                                               
warrior and  spend some time  with them too.  That is why  the 10                                                               
days is important.                                                                                                              
                                                                                                                                
He thanked Senator Wielechowski for  sponsoring this. He said the                                                               
core issue  is that the  State of  Alaska is making  a statement,                                                               
preemptive  of problems,  to allow  10 working  days without  pay                                                               
with reasonable  notice to  be given  to a  spouse to  spend time                                                               
with their warrior during overseas deployments.                                                                                 
                                                                                                                                
He said  a woman called the  Foundation last year and  would have                                                               
made an extraordinary  witness because her warrior  was, in fact,                                                               
wounded. Her  employer was unwilling to  give her time off  to go                                                               
overseas.  While they  were able  to eventually  resolve it,  the                                                               
situation  was unimaginable.  Having  a law  would  make it  very                                                               
clear and it is a reasonable request.                                                                                           
                                                                                                                                
3:24:30 PM                                                                                                                    
STACY BANNEMAN, representing herself,  supported SB 278. Said she                                                               
is the wife of an active  duty Army Guard soldier who has already                                                               
served two  tours in Iraq.  He received  a bronze star  in combat                                                               
and  a combat  infantry badge.  During both  deployments she  was                                                               
working  full or  part time  for  employers for  whom the  recent                                                               
changes  to the  federal Family  Medical Leave  Ace for  military                                                               
families will never apply.                                                                                                      
                                                                                                                                
She  explained that  for  the  first year  of  the  Viet Nam  war                                                               
married  men  were  exempt  from  the  draft;  married  men  with                                                               
children were  give draft  deferments because  it was  thought to                                                               
constitute too much of hardship  on the families. During Viet Nam                                                               
the  majority of  troops served  one tour  and comparatively  few                                                               
citizen soldiers  served in combat.  However, in  comparison, the                                                               
bulk of the boots on ground  in Afghanistan and Iraq are married,                                                               
they  have served  or are  serving multiple  tours; most  of them                                                               
have  children. "But  America  doesn't seem  to  care about  that                                                               
anymore even as military families  are increasingly stretched and                                                               
stressed to the breaking point."                                                                                                
                                                                                                                                
She said nearly  70 percent of military spouses  work outside the                                                               
home, but  a lot of spouses  are unable to spend  time with their                                                               
loved one  immediately prior  to a  deployment during  a two-week                                                               
R&R if  it even happens  or when  their husband comes  home. With                                                               
every  single deployment  they have  to  make impossible  choices                                                               
between work and family. Forcing  military families to make these                                                               
choices over and over  again when a nation is at  war is the very                                                               
definition of a  lack of patriotism and a failure  to support the                                                               
troops and their military families.                                                                                             
                                                                                                                                
Shortly  before  her husband's  most  recent  deployment she  had                                                               
started a  new job and couldn't  get any time off.  After several                                                               
months  of training  at  Ft. McCoy,  WI, he  left  for Iraq.  She                                                               
didn't see him for more than  a year, but he returned safely. But                                                               
the reality  is that some soldiers  are coming home in  a box and                                                               
some will  spend the rest of  their lives wishing for  those last                                                               
two weeks with them.                                                                                                            
                                                                                                                                
She  acknowledged recent  changes to  the federal  Family Medical                                                               
Leave Act, but  they do not cover temporary,  part time, seasonal                                                               
or contract  workers. They  don't take  into account  the reality                                                               
and  frequency of  relocation required  of active  duty personnel                                                               
and their  families, and the fact  that many spouses have  to cut                                                               
back  to  part time  work  in  order  to  handle child  care  and                                                               
household responsibilities  during deployment (they are  also the                                                               
primary unpaid caretakers  of veterans as well).  The Act doesn't                                                               
take into account that most  Guard Reserve spouses work for small                                                               
businesses,  many in  rural communities,  or  that an  increasing                                                               
number of  employers are creating  a virtual workplace  in hiring                                                               
contract workers.                                                                                                               
                                                                                                                                
She said  in order to be  eligible for the federal  law, military                                                               
spouses are required to have been  working for an employer for at                                                               
least 12 months, worked at least  1,250 hours during the prior 12                                                               
months and be located at a work  site where there are at least 50                                                               
employees  within a  75  mile  radius. So,  for  all intents  and                                                               
purposes  the federal  law  is meaningless  for  the majority  of                                                               
military family members.                                                                                                        
                                                                                                                                
In 2008  Washington State  passed the  Military Family  Leave Law                                                               
and in 2009  Oregon State followed suit.  She strongly encouraged                                                               
Alaska to pass SB 278.                                                                                                          
                                                                                                                                
SENATOR MEYER said he was a  little shocked that she couldn't get                                                               
some time off to meet her spouse.                                                                                               
                                                                                                                                
MS.  BANNEMAN replied  she couldn't  get time  off during  either                                                               
deployment.                                                                                                                     
                                                                                                                                
SENATOR MEYER asked if that was an employer in Alaska.                                                                          
                                                                                                                                
MS. BANNEMAN  answered no; it was  in the Lower 48,  but she said                                                               
her story  is not an anomaly.  The thing is they  can't afford to                                                               
complain  to their  employers.  When you  are  a military  spouse                                                               
enduring these deployments  your plate is so full  that you don't                                                               
have  the time  or  energy  to pursue  other  avenues and  filing                                                               
complaints.                                                                                                                     
                                                                                                                                
SENATOR MEYER  said he has never  heard of an employer  in Alaska                                                               
not letting an employee have time  off to see their spouse during                                                               
an R&R. He said Alaska really appreciates its military.                                                                         
                                                                                                                                
CHAIR PASKVAN asked if she had lived here in the last six years.                                                                
                                                                                                                                
MS. BANNEMAN  replied no; she  has lived in Washington  State and                                                               
in Oregon.                                                                                                                      
                                                                                                                                
SENATOR  MEYER said  he takes  offense  at someone  who lives  in                                                               
Washington and Oregon saying Alaskans  don't appreciate and honor                                                               
its military because they do.                                                                                                   
                                                                                                                                
MS. BANNEMAN  apologized if he  took offense. She  clarified that                                                               
she wasn't talking about Alaska.  She said this is her experience                                                               
and she had stated she has not lived in Alaska.                                                                                 
                                                                                                                                
3:32:01 PM                                                                                                                    
CHAIR PASKVAN  said this bill  raises significant  policy changes                                                               
and he held SB 278  for further consideration. Finding no further                                                               
business to come  before the committee, he  adjourned the meeting                                                               
at 3:32 p.m.                                                                                                                    

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