Alaska Leave Laws
Alaska does not have a specific law that requires employers to provide employees with vacation benefits, either paid or unpaid. If an employer chooses to offer such benefits, it must comply with the terms of its established policies or contract
The rollover policy
- Statutory Provisions Addressing Vacation Pay
Alaska law does not specifically address the treatment of accrued, unused vacation pay. The issue is a contractual relationship between the employer and employees.
- Use-It-or-Lose-It Policy
Not addressed by state statute. This depends on the employer’s contract and policy. An employer would also likely be free to implement a “use-it-or-lose-it” policy requiring employees to use their leave by a set date or lose it
- Payment of Accrued Vacation on Termination
Not expressly provided for by state statute. However, if an employer has a policy, promise, or contract to provide paid vacation, the Alaska Department of Workforce Development enforces the employer’s own rules for those payments. (Alaska Department of Workforce Development: Employee FAQs). it is likely employers are free to establish the vacation leave policy of their choosing, including policies providing for forfeiture of accrued leave upon separation from employment.
No federal or state law in Alaska requires employers to pay out an employee’s accrued vacation or other paid time off (PTO) at the termination of employment.
Maternity, Paternity, FMLA
Alaska has no additional laws regarding Maternity and Paternity leave. Expecting and new parents are entitled to leave under the federal Family and Medical Leave Act (FMLA) and the Pregnancy Disability Act. For more information, look under the section Federal laws, Family and Medical Leave Act and under General Information, Maternity, Paternity and FMLA.
The Alaska Human Rights Law prohibits employment practices that discriminate on the basis of sex, including pregnancy, childbirth and related medical conditions, marital status, or parenthood (AK Stat. Sec. 18.80.010 et seq.).
Employers are required to treat pregnancy-related conditions the same as they treat other types of temporary disabilities for all employment-related purposes, including leave and other benefits.
The Act applies to all employers regardless of number of employees, both private and public sector employers.
Jury Duty Leave
Alaska leave laws do not require employers to pay employees any wages for the time spent complying with a jury summons or serving on a jury but have to provide employees unpaid leave to perform their jury duties.
An employer may not discharge, threaten, coerce, or penalize an employee for complying with a jury summons or serving on a jury. Alaska.Stat.9.20.037
No federal or state law require an employer to provide the employee with paid or unpaid bereavement leave or with any time off to organize or attend a close family member’s funeral.
Alaska leave laws require employers to provide employees with time off with pay to vote in a state election unless there are two hours between the opening of the polls and the beginning of the employee’s scheduled shift or two hours between the end of the employee’s shift and the closing of the polls. Alaska Stat. 15.56.100
Employees called to active service in the state militia are entitled to unlimited unpaid leave and reinstatement to their former or a comparable position, with the pay, seniority, and benefits the employee would have had if not absent for service. Alaska Stat. § 26.05.075
In addition to USERRA, Alaska law provides the following employment protections to members of the organized state militia (which consists of the Alaska National Guard, Alaska Naval Militia and Alaska State Defense Force):
- Unlimited unpaid leave and reinstatement upon the termination of active service.
- Prohibits discrimination against members of the state National Guard or naval militia.
- Provides a comparable job position for employees with disabilities who are no longer qualified for their previous position. Employees are required to request reemployment within 30 days after being permitted to work by physicians.