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- Alaska Statutes.
- Title 39. Public Officers and Employees
- Chapter 20. Compensation, Allowances, and Leave
- Section 305. Family and Health Leave.
previous: Section 300. Personal and Banked Medical Leave Transfers With Officer or Employee.
next: Section 310. Exceptions.
AS 39.20.305. Family and Health Leave.
- (a) An officer or employee of the state who is otherwise qualified to take leave of absence may take family leave because
of a serious health condition for a total of 18 workweeks during any 24-month period. An otherwise qualified officer or
employee may take family leave because of pregnancy and childbirth or adoption for a total of 18 workweeks within a
12-month period; the right to take leave for this reason expires on the date one year after the birth or placement of
the child. An officer or employee taking leave under this section shall use accrued paid leave until the officer or
employee has only five days of paid leave remaining. The officer or employee may choose whether to retain a balance of
five days of paid leave and take the remaining leave as unpaid leave or whether to exhaust the paid leave balance.
After reducing accrued paid leave as required by this subsection, the officer or employee may take leave without pay
for the balance of the family leave. If the employee is entitled to a longer period of time under AS 39.20.500
, then the longer period applies. An eligible employee is entitled to take family leave
- (1) because of pregnancy and the birth of a child of the employee or the placement of a child, other than the employee's
stepchild, with the employee for adoption; the department or agency may require that an employee using family leave
under this paragraph take the leave in a single block of time;
- (2) in order to care for the employee's child, spouse, or parent who has a serious health condition; in this paragraph,
"child" includes the employee's biological, adopted, or foster child, stepchild, or legal ward; and
- (3) because of the employee's own serious health condition.
- (b) If the necessity for family leave under (a) of this section is foreseeable based on an expected birth or adoption or
on planned medical treatment or supervision, the employee shall provide the employee's department or agency head with
prior notice of the expected need for leave in a manner that is reasonable and practicable. If the necessity for leave
under this section is foreseeable based on planned medical treatment or supervision, the employee shall also make a
reasonable effort to schedule the treatment or supervision so as not to disrupt unduly the operations of the state
department or agency, subject to the approval of the health care provider of the employee or the employee's child,
spouse, or parent.
- (c) Notwithstanding (a) of this section, if a parent or child of two employees employed by the state has a serious health
condition, the state is not required to grant family leave to both employees simultaneously.
- (d) In this section, "child," "health care provider," "parent," and "serious health condition" have the meanings given in
AS 39.20.550
.
Note to HTML Version:
This version of the Alaska Statutes is current through December, 2004. The Alaska Statutes were automatically converted to HTML from a plain text format. Every effort
has been made to ensure their accuracy, but this can not be guaranteed. If it is critical that the precise terms of the Alaska Statutes be known, it is recommended that more formal sources be consulted. For statutes adopted after the effective date of these statutes, see, Alaska State Legislature
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Last modified 9/3/2005