Alaska FMLA Laws

Private Sector Employees

There are no additional leave laws relating to any of the covered under the Family medical Leave Act (FMLA) for Alabama's employees employed in the private sector.

Public Sector Employees

Alaska's Family Leave Act (AFLA) is only applicable to public-sector employees (state employees). When employees are eligible under both FMLA and AFLA (Alaska Family Leave Act of 1992), the entitlements run concurrently.

Public-sector employees must fulfill the following requirements:

• The employer must have more than 20 employees working within 50 miles for any period of 20 consecutive weeks in the preceding 2 calendar years.
• The employee has worked at least 35 hours a week for six consecutive months immediately proceeding the date of the requested leave OR at least 17.5 hours a week for 12 consecutive months before the requested leave.

Public Sector Employees Exclusions:

• Those who are not subject to civil service laws.
• Those in a public elective position.
• Members of an elected official's staff.
• Those appointed by an elected official to a policymaking position.
• Employees of the legislative branch.

Alaska Leave laws (additional to FMLA) for state employees.

Leave details

An employer (who qualifies as having more than 20 employees) must grant eligible employees up to 18 weeks of paid or unpaid family leave in a 24-month period for the following:

• The birth of the employee's child or adoption of a child (other than a step-child).
• Care of employee's spouse, parent, or child who has a serious health condition.
• For the employee's own serious health condition.

Notice Requirement

The state requires a written notice of intended leave from the employee within a time period that is reasonably foreseeable and practicable. (Leave Request/Report Form 02-035) However, a verbal notice is sufficient in extenuating circumstances.

Medical Certification

An employer may require a medical certification regarding all requests for leave.

Continuation of Benefits

Employers must maintain the same or equivalent coverage for an employee on leave, however the employee may be required to pay for all or part of the coverage.

Substitution of Paid Leave

An employee taking family leave must first use accrued paid leave to cover a qualifying absence. When the employee has five days of paid leave remaining, the employee may choose to take the remaining leave as unpaid, while retaining the balance of five days of paid leave.

Donated Leave

An employee may donate leave to another employee of the same employer "only for use as leave for medical reasons." The following are approved medical reasons:

• Medical disability of an employee.
• Medical disability of an employee's immediate family member that requires the employee's attendance.
• Employee's own severe medical condition.
• Pregnancy and childbirth or adoption.

Restoration of Employment

Upon return the employee must be given his or her job back or its equivalent, along with its prior wages and benefits, unless circumstances have changed, making job restoration impossible or unreasonable.