Title 39 — Public Officers and Employees

Article 3. Leaves of Absence. In AS 39.20.110 — 39.20.190, (1) “employee” or “state employee” means a person employed by a state agency; (2) “official” or “state official” means the appointive head of a state agency; (3) “official travel” means travel inside or outside the state …

(a) Officers and employees of the state who are first employed before July 1, 2013, in a position for which leave may accrue are entitled to personal leave with pay that accrues as follows: (1) two days for each full monthly pay period in the case of officers and employees with l…

In determining years of service for the purpose of computing personal leave, all service with the Territory and State of Alaska is included. A change in the rate of accrual of personal leave by an officer or employee takes effect upon the beginning of the monthly pay period follo…

Notwithstanding AS 39.20.200, an officer or employee is entitled to personal leave only after having been employed currently for a continuous period of 30 days under one or more appointments without break in service. When an officer or employee completes a period of continuous em…

(a) An officer or employee may take personal leave at any time business permits upon permission by the head of the department or agency for which the officer or employee works. (b) An officer or employee may take personal leave for medical reasons, regardless of whether business …

[Repealed or reserved.]

(a) Except as provided in AS 39.20.225(c) and this section, personal leave that is not taken by an officer or employee during a 12-month period accumulates for use in succeeding 12-month periods. (b) Notwithstanding (a) of this section, an officer or employee may not accumulate m…

(a) An officer or employee may donate one or more days of personal leave a year to the memorial education revolving loan fund, or to an education loan account in the fund, under AS 14.43.250 — 14.43.325. The commissioner of administration shall pay to the account of the memorial …

(a) Terminal leave for unused personal leave shall be allowed upon separation from service. The payment equals the cash value of the officer's or employee's personal leave balance at the time of separation from state service. (b) [Repealed, § 20 ch 4 FSSLA 1996.] (c) The payment …

An officer or employee who has accrued annual leave shall have that annual leave transferred to the officer's or employee's personal leave account.

(a) An officer or employee who has accrued medical leave shall have 40 percent of that medical leave transferred to the officer's or employee's personal leave account and 60 percent of that medical leave transferred to a medical leave bank. Banked medical leave may be taken only …

[Repealed or reserved.]

Notwithstanding AS 39.20.310(6), court leave shall be granted to an employee who is classified as full time, whether permanent, nonpermanent, or temporary. An officer or employee called to serve as a juror or subpoenaed as a witness is entitled to administrative leave with pay, b…

(a) Notwithstanding AS 39.20.310(1) — (3) and (6) — (8), paid administrative leave of not more than 80 hours and not less than 40 hours, unless the employee requests fewer hours, shall be granted under this section to an employee who requests leave to make a personal organ or bon…

[Repealed or reserved.]

The days of leave provided for in AS 39.20.200 — 39.20.330 mean days upon which an officer or employee would otherwise work and receive pay, and are exclusive of holidays.

In accord with the procedures established in AS 39.20.320, the Department of Administration shall adopt regulations defining and establishing a uniform beginning and a uniform concluding date for the 12-month periods applicable to leave use and accumulation by officers and employ…

When an officer or employee terminates employment with one department, office, institution, or agency of the state government and is employed by another department, office, institution, or agency of the state government without break in service, accumulated personal leave and ban…

(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…

Except as provided in AS 39.20.275, AS 39.20.200 — 39.20.330 do not apply to (1) members of the state legislature, the governor, the lieutenant governor, and justices and judges of the supreme and superior courts and of the court of appeals, but nothing in AS 39.20.200 — 39.20.33…

The director of the division of personnel in the Department of Administration shall prepare and submit regulations necessary to carry out the intent of AS 39.20.200 — 39.20.330. These regulations must include provisions for crediting and, if necessary, converting accrued leave wh…

Each department, office, institution, or agency of the state government shall keep for its files a complete leave record, covering each of its officers and employees, on forms prepared and supplied by the Department of Administration. These records are subject to annual audit and…

(a) An employee of the state, or a political subdivision, with the approval of the city council or borough assembly, who is a member of a reserve or auxiliary component of the United States Armed Forces is entitled to a leave of absence without loss of pay, time or efficiency rat…

(a) Notwithstanding any contrary provision of law, the governor, through the issuance of an administrative order, may authorize state employees who are members of a reserve or auxiliary component of the armed forces of the United States, including the organized militia of Alaska,…

Article 4. Payments Due to Deceased State Employees. A member of a reserve component of the United States Armed Forces employed by the state, a political subdivision, or a municipal corporation with the approval of the city council, who is ordered to duty by proper authority, sha…

All unpaid compensation due to a deceased employee of the state at the time of death shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and the payment is a bar to recovery by any other person of amounts so paid: (1) to th…

AS 39.20.360 — 39.20.400 do not apply to any benefit, refund, or interest payable under the Public Employees' Retirement System applicable to the decedent's service or to an amount the disposition of which is otherwise expressly prescribed by state law.

The employee may change or revoke a designation made under AS 39.20.360 — 39.20.400 at any time without notice to the beneficiary by written notice filed with the Department of Administration.

Each department shall inform its employees of the provisions of AS 39.20.360 — 39.20.400.

Article 5. Pregnancy, Childbirth, and Family Leave for Public Employees. In AS 39.20.360 — 39.20.400, (1) “employee” means a person entitled to receive unpaid compensation from the state; (2) “unpaid compensation” means the pay, salary, or allowances, or other compensation due on…

(a) An employer shall grant an employee whose health is affected by pregnancy, childbirth, or a related medical condition the same employment benefits and privileges that the employer grants to other employees with similar ability to work who are not so affected, including allowi…

If the necessity for leave under AS 39.20.500 is foreseeable based on an expected birth or adoption or on planned medical treatment or supervision, the employee shall provide the employer with prior notice of the expected need for leave in a manner that is reasonable and practica…

(a) A pregnant employee may request a transfer to a suitable position under this section. An employer may not fill the position with a person other than the requesting employee until the employer has offered the position to the employee and the employee has refused the offer. A p…

(a) The provisions of AS 39.20.500 — 39.20.550 do not affect any other provision of law relating to sex discrimination, pregnancy, or parenthood. (b) The provisions of AS 39.20.500 — 39.20.550 are subject to collective bargaining. However, except as provided in (c) of this sectio…

(a) A person aggrieved by a denial of a right or privilege granted by AS 39.20.500 — 39.20.540 may file a complaint with the Department of Labor and Workforce Development. (b) The Department of Labor and Workforce Development shall informally, promptly, and impartially investigat…

In AS 39.20.500 — 39.20.550, (1) “child” means an individual who is (A) under 18 years of age; or (B) 18 years of age or older and incapable of self-care because of mental or physical disability; (2) “employer” means the state and a political subdivision of the state that employe…

[Repealed or reserved.]

[Repealed or reserved.]

(a) The State Officers Compensation Commission is established. The commission is composed of five members who are state residents appointed by the governor. One member shall be appointed from a list of two or more candidates submitted by the president of the senate. One member sh…

(a) During membership on the commission, a member of the commission may not (1) be employed by the state, including the University of Alaska; (2) serve as a member of another state board, commission, or authority; or (3) hold elective state or municipal office. (b) A member of th…

Members of the commission serve without compensation but are entitled to per diem and travel expenses authorized for members of boards and commissions under AS 39.20.180.

The director of personnel in the Department of Administration shall serve as ex officio secretary to the commission and provide research, technical, and administrative services.

(a) The commission shall review the salaries, benefits, and allowances of members of the legislature, the governor, the lieutenant governor, and each principal executive department head and prepare a report on its findings at least once every two years, but not more frequently th…

(a) A recommendation of the commission may not have the effect of reducing the compensation or benefits of the governor and lieutenant governor who are in office or an executive department head who is appointed on or before the effective date of the commission's recommendation. (…

The recommendations of the commission relating to benefits may not include any recommendation relating to health, retirement, disability, or death benefits under AS 39.30 and AS 39.35 for members of the legislature, the governor, the lieutenant governor, and each principal execut…

The commission shall, on transmitting its final recommendations for the compensation of legislators, the governor, the lieutenant governor, and each principal executive department head to the legislature, file the recommendations in the office of the lieutenant governor. When the…

It is the policy of the legislature that the commission recommend an equitable rate and form of compensation, benefits, and allowances for legislators.

AS 44.62 (Administrative Procedure Act) does not apply to proceedings of the commission.

In AS 39.23.500 — 39.23.599, “commission” means the State Officers Compensation Commission.

(a) It is the purpose of this chapter to establish a system of personnel administration based upon the merit principle and adapted to the requirements of the state to the end that persons best qualified to perform the functions of the state will be employed, and that an effective…