Alaska's Family Leave Act (AFLA) covers Alaska's leave laws, only affecting public-sector employees, excluding: 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 and employees of the legislative branch. Where applicable, employees may combine benefits from both the AFLA and FMLA to attain the most benefits possible.
For public sector employees to be covered under the AFLA, their employers must have more than 20 employees working within 50 miles for any period of 20 consecutive weeks in the preceding two calendar years. For an employee to qualify, they must have worked at least 35 hours a week for the 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. The FMLA's qualifying specifications are much more broad (applies to all public sector employees and all private sector employers with more than 50 employees), however the AFLA's specifications must be followed in Alaska.
Concerning the amount of leave an employee is entitled to, Alaskan employers with more than 20 employees must grant eligible employees up to 18 weeks of paid or unpaid family leave in a 24-month period, differing from the FMLA which only guarantees 12 workweeks of unpaid leave during a 12-month period. The reasons an Alaskan employee can use this leave are the same as those outlined in the FMLA (with the FMLA's reasons being more expansive), and this period of leave generally has the same stipulations as those outlined in the FMLA, although some are slightly altered:
- 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. The FMLA has the same clause, but also grants employers the right to recover premiums it paid to maintain health coverage for an employee if he/she fails to return to work from FMLA leave.
- Substitution of Paid Leave - An employee taking family leave must first use accrued paid leave to cover a qualifying absence. The FMLA does not require paid leave to be used first; however the AFLA would take priority in this case.
- Donated Leave - An employee may donate leave to another employee of the same employer "only for use as leave for medical reasons". The FMLA has no such clause.
Employment Law HQ strives to make workers' rights under the FMLA clear to understand and available to everyone. Learn more about the Alaska FMLA laws on their website, and be sure to check out their free eligibility report.
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