AS Title 39, Chapter 20: Compensation, Allowances, and Leave

Chapter 20. Compensation, Allowances, and Leave. Article 1. Salaries. Sec. 39.20.010. Annual salary of governor. (a) The annual salary of the governor shall be in accordance with AS 39.23 . (b) [Repealed, § 7 ch 53 SLA 2005.] (c) [Repealed, § 7 ch 53 SLA 2005.] Sec. 39.20.020. Date of entitlement of governor's salary. The governor is entitled to receive the salary established for the office effective from the date on which the oath of office is taken by the governor. Sec. 39.20.030. Annual salary of lieutenant governor. (a) The annual salary of the lieutenant governor shall be in accordance with AS 39.23 . (b) [Repealed, § 7 ch 53 SLA 2005.] (c) [Repealed, § 7 ch 53 SLA 2005.] Sec. 39.20.040. Date of entitlement of lieutenant governor's salary. The lieutenant governor is entitled to receive the salary established for the office effective from the date on which the oath of office is taken by the lieutenant governor. Sec. 39.20.050. Exclusive compensation. The compensation fixed by law for the governor and lieutenant governor is in full for all services rendered by each of them in any official capacity or employment whatsoever during their respective terms of office, and shall be paid throughout their respective terms of office unless the office becomes vacant. Sec. 39.20.060. Exclusion of governor and lieutenant governor from personnel laws. Notwithstanding the provisions of any other law, the governor and lieutenant governor are not considered employees of the state for the purpose of state personnel laws relating to hours of employment, annual leave, sick leave, overtime, compensatory time, and travel allowances. This section does not deprive the governor and lieutenant governor of the right to participate in the state retirement system or in state group insurance plans. Sec. 39.20.070. Subsequent legislation relating to AS 39.20.050 and 39.20.060. AS 39.20.050 and 39.20.060 are not superseded or modified by any subsequent legislation except to the extent that the legislation does so expressly. Sec. 39.20.080. Salary of executive department head and deputy. (a) The monthly salary of the head of each principal executive department of the state shall be in accordance with AS 39.23 . (b) The monthly salary of a deputy head of a principal executive department of the state is equal to a step in Range 28 of the salary schedule in AS 39.27.011 . (c) Except as provided by a general law applicable to all officers of the state, the compensation of the head of each principal executive department of the state may not be reduced during the executive's tenure in office. Sec. 39.20.090. Salaries and expenses. The salaries and expenses of officers, boards, commissions, and bureaus established by the laws of the state shall be paid from appropriations made for that purpose, as other expenses of the state are paid. Sec. 39.20.100. Fees, mileage or compensation. [Repealed, § 75 ch 59 SLA 1982.] Article 2. Travel Regulations. Sec. 39.20.110. Per diem allowance. Officials and employees of the state agencies, while traveling on official business and away from their designated post of duty, shall be allowed, instead of their actual expenses for subsistence and all fees or tips, a per diem allowance to be prescribed by the commissioner of administration under the regulatory authority set out in AS 39.20.160 , and in consultation with the head of the agency concerned. Sec. 39.20.120. Allowable expenses. Except as provided in AS 39.20.110 — 39.20.170, only actual and necessary traveling expenses shall be allowed to an official or employee. Sec. 39.20.130. Mileage allowance. Officials and employees of state agencies shall, under regulations adopted by the commissioner of administration, and whenever the mode of transportation is authorized or approved as more advantageous to the state, be paid an amount, instead of actual expenses of transportation, not to exceed a mileage allowance set by the commissioner of administration for the use of privately-owned automobiles or airplanes, when engaged in official travel inside or outside their designated posts of duty or places of service. In addition to the mileage allowance, there may be allowed reimbursement for the actual cost of ferry fares, and bridge, road, and tunnel tolls. When two or more officials or employees are traveling in the same direction, and it is possible to share a privately-owned automobile or airplane, the mileage permitted shall be allowed only once. Sec. 39.20.140. Travel costs and travel outside the state. (a) The Department of Administration may not pay an official or employee for per diem or transportation costs unless the travel is clearly necessary to benefit the state. (b) The Department of Administration may not reimburse an official or employee or pay for more than the lowest tourist class fare for the most direct route unless (1) tourist class accommodation is not available; (2) waiting for tourist class accommodation would occasion a delay harmful to the state; or (3) the Department of Administration finds that travel by tourist class accommodation is not in the best interest of the state, and authorizes other accommodation. (c) When the Department of Administration authorizes more expensive travel under (b)(3) of this section, it shall file a justification for that authorization with the travel voucher. When fares other than tourist class are authorized under (b) of this section, the Department of Administration may not reimburse the official or employee or pay for more than the lowest first class fare available. (d) Officials and employees are authorized to travel only the least number of days necessary to transact the business involved, to secure return passage, and to return. (e) Every official and employee shall, unless otherwise authorized by law to travel outside the state, obtain prior approval for travel outside the state from the head of the official's or employee's department or from an immediate supervisor, or from the Department of Administration if the official or employee is not within a department or is not under the direct supervision of an official or supervisor. If an employee deviates materially from the travel authorized under this section, the employee must obtain approval for the deviation from the person who approved the travel before the Department of Administration may reimburse the employee for the travel. Sec. 39.20.150. Advances and recovery. (a) An agency may advance, through proper disbursing methods, to a person entitled to per diem or mileage allowance under AS 39.20.110 — 39.20.170 the sums considered advisable considering the character and probable duration of the travel to be performed. (b) Sums advanced and not used for allowable travel expense are recoverable by setoff against salary due, or otherwise, from the person to whom advanced, or the person's estate, by deduction from any amount due from the state, or by other legal methods of recovery that may be necessary. Sec. 39.20.160. Regulations. The fixing and payment under AS 39.20.110 — 39.20.170 of travel and per diem allowances and of advances and recovery and reimbursement of travel expenses shall be in accordance with regulations adopted by the commissioner of administration. The regulations shall be uniform for all officials and employees, and all agencies and departments. The regulations shall also govern the use of public transportation facilities by officials and employees. The regulations relate to the internal management of state agencies and their adoption is not subject to AS 44.62 (Administrative Procedure Act). Sec. 39.20.170. Construction of AS 39.20.110 — 39.20.170. AS 39.20.110 — 39.20.170 may not be construed to modify or repeal a law providing for the travel expenses of the governor, or members of the legislature, or members of boards or commissions of the state government. Sec. 39.20.180. Transportation and per diem expenses for members of boards, commissions, etc. Except as otherwise provided by law, the provisions in this section relating to per diem and transportation govern exclusively with respect to a member of a state board, commission, committee, judicial council, or other similar body of persons of the state organized or established under the authority of law, but excluding any other state employee other than a legislator, who is otherwise entitled by law to receive from the state payments for expenses of transportation, and for reimbursement or for per diem in lieu of reimbursement for other expenses incident to duties as such member: (1) for transportation, the member is entitled either to the use of state transportation requests, or to be reimbursed for expenses of transportation to the same extent, in the same manner, and under the same conditions as provided for state officials and employees by the provisions of AS 39.20.110 — 39.20.170; (2) for reimbursement for other expenses, the member is entitled to a per diem allowance prescribed by the commissioner of administration under the regulatory authority set out in AS 39.20.160 for each day or portion of a day spent in actual meeting or on authorized official business incident to duties as a member. Sec. 39.20.185. Per diem prohibited in community of residence. A state official or employee who is a member of the judicial council or a state official or employee appointed by the governor to a state board, commission, or committee established under the authority of law is not entitled to per diem when the meeting or other business takes place in the community of which the member is a resident. Sec. 39.20.190. Definitions. 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 on official business of the state, for which payment or reimbursement is expected or authorized; (4) “per diem allowance” means a daily flat rate of payment instead of actual expenses; (5) “state agency,” “agency,” or “department” means department, office, institution, board, commission, bureau, division, or other administrative unit forming the state government; (6) “subsistence” means lodging, meals, and other necessary expenses incidental to the personal sustenance or comfort of the traveler; (7) “traveler” means the official or employee engaged in official travel for the state. Article 3. Leaves of Absence. Sec. 39.20.200. Computation of personal leave. (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 less than two years of service; (2) two and one-quarter days for each full monthly pay period in the case of officers and employees with two but less than five years of service; (3) two and one-half days for each full monthly pay period in the case of officers and employees with five but less than 10 years of service; (4) three days for each full monthly pay period in the case of officers and employees with 10 years or more of service. (b) Personal leave accrued by an officer or employee during each pay period shall be converted monthly to a cash value by multiplying the hours accrued during the pay periods in that month by the officer's or employee's annualized hourly rate of pay for the pay period. The resulting amount shall be added to the cash value amounts calculated for previous pay periods. The total of all of the cash values is the cash value of the officer's or employee's personal leave balance. (c) Officers and employees of the state who are first employed on or after July 1, 2013, in a position for which leave may accrue are entitled to personal leave with pay that accrues as follows: (1) one and three-quarters days for each full monthly pay period in the case of officers and employees with less than two years of service; (2) two days for each full monthly pay period in the case of officers and employees with two but less than five years of service; (3) two and one-quarter days for each full monthly pay period in the case of officers and employees with five but less than 10 years of service; (4) two and one-half days for each full monthly pay period in the case of officers and employees with 10 but less than 15 years of service; (5) three days for each full monthly pay period in the case of officers and employees with 15 years or more of service. Sec. 39.20.210. Determining years of service. 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 following the monthly pay period in which the officer or employee completes the prescribed period of service. Sec. 39.20.220. Requirement that employment be continuous. 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 employment of 30 days, an amount of personal leave is credited to the officer or employee equal to the amount which, but for this section, would have accrued under AS 39.20.200 during the period. Sec. 39.20.225. Use of personal leave. (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 permits, upon permission by the head of the department or agency for which the officer or employee works. A department or agency head shall grant personal leave for medical reasons if the department or agency head is satisfied that the officer or employee is absent for medical reasons. The taking of personal leave for medical reasons shall be reduced by the amount of wage continuation payments made under AS 23.30 (Alaska Workers' Compensation Act). The following constitute “medical reasons” and are subject to the conditions noted: (1) medical disability of an officer or employee is a medical reason for taking personal leave. A department or agency head may require a doctor's certificate showing the disability if the absence exceeds three consecutive working days; (2) medical disability of a member of an officer's or employee's immediate family is a medical reason for taking personal leave if the disability is such that the attendance of the officer or employee is required. A department or agency head may require a doctor's certificate showing the disability if the absence exceeds three consecutive working days; (3) a medical condition of an officer or employee that makes presence at work a danger to the health of fellow employees is a medical reason for taking personal leave. A department or agency head may require a doctor's certificate showing the condition if the absence exceeds three consecutive working days; (4) pregnancy and childbirth or the placement of a child, other than the employee's stepchild, with the employee for adoption is a medical reason for an officer or employee to take personal leave; (5) death of a member of an officer's or employee's immediate family is a medical reason for taking personal leave. No more than five days of personal leave may be taken for this purpose. (c) Except as otherwise provided in this section, each officer or employee shall, during each 12-month period, take at least 10 days of personal leave. If the officer or employee does not take at least 10 days of personal leave during a 12-month period, the difference between 10 days and the amount of personal leave taken shall be canceled without pay unless the department or agency head certifies in writing that the officer or employee was denied the opportunity to take 10 days of personal leave during the 12-month period. Sec. 39.20.230. When annual leave may be taken. [Repealed, § 15 ch 136 SLA 1978. For current law see AS 39.20.225 .] Sec. 39.20.240. Accumulation of personal leave. (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 more than 1,000 hours of personal leave at the end of each 12-month period for use in succeeding 12-month periods. (c) The personnel board may adopt regulations to allow an exemption from the requirements of (b) of this section if the department or agency head certifies in writing that the officer or employee accumulated more than 1,000 hours of leave at the end of a 12-month period because the officer or employee was denied the opportunity to use personal leave. (d) Each officer or employee who has a balance of accumulated personal leave in excess of 400 hours on December 16, 2013, shall, until that balance becomes 400 hours or less, (1) be exempt from the limitation under (b) of this section; and (2) take at least 15 days of personal leave during each 12-month period. (e) Unless the head of an agency or department certifies in writing that an officer or employee of the agency or department who is subject to the requirements of (d) of this section was denied the opportunity to take at least 15 days of personal leave during a 12-month period, 15 days of personal leave minus the number of days of personal leave that was taken by the officer or employee shall be subtracted from the accrued personal leave balance of the officer or employee. The leave subtracted from accrued personal leave shall be canceled without pay. Sec. 39.20.245. Donation of leave. (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 education revolving loan fund, or to an education loan account in the fund, an amount equal to the value of the day or days of personal leave contributed by the officer or employee. (b) An officer or employee, with the approval of the person authorizing the employment, may donate accrued personal or annual leave to another officer or employee only for use as leave for medical reasons. The official responsible for employee accounts shall debit the donor's personal or annual leave account and credit the donee's personal leave account, or sick leave account, as appropriate, for medical reasons only, by converting the donated leave into cash value at the donor's rate of pay and reconverting the cash value to hours of leave at the donee's rate of pay. Leave donated under this subsection is not leave taken by the donor for purposes of AS 39.20.225 (c). An employee who is covered by a collective bargaining agreement may donate leave to or receive donations of leave from an employee or officer who is not covered by a collective bargaining agreement, notwithstanding AS 39.20.310 (7) and (8). Sec. 39.20.250. Terminal leave. (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 authorized by this section is not considered salary or compensation except for purposes of taxation. Sec. 39.20.255. Conversion of accrued annual leave to personal leave. 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. Sec. 39.20.256. Transfer of accrued medical leave. (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 in accordance with this section. (b) An officer or employee may not take any banked medical leave unless the officer or employee (1) has no accrued personal leave; and (2) has a medical disability exceeding 10 consecutive working days in duration; or (3) has a medical disability exceeding 30 consecutive working days in duration. (c) Once the requirements of (b) and (d) of this section have been met, an officer or employee may take banked medical leave until the medical disability is terminated or the banked medical leave is exhausted. If an officer or employee qualifies for banked medical leave under (b)(3) of this section, the banked medical leave may be taken for all working days of the medical disability following the 10th working day of the disability. (d) When leave is taken under (b)(1) and (2) of this section, a department or agency head may require a doctor's certificate showing the disability. When leave is taken under (b)(3) of this section, the officer or employee must submit a doctor's certificate showing the disability. (e) The taking of leave under this section shall be reduced by the amount of wage continuation payments made under AS 23.30 (Alaska Workers' Compensation Act). (f) Upon an officer's or employee's separation from state service, the officer's or employee's banked medical leave shall be canceled without pay. Sec. 39.20.260. Medical leave. [Repealed, § 15 ch 136 SLA 1978. For current law see AS 39.20.225 (b).] Sec. 39.20.270. Court leave. 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, but compensation received by the employee or to which the employee is entitled, whichever is greater, for service as a juror or witness shall be deducted from pay to which the employee is entitled as a state officer or employee. Sec. 39.20.275. Leave for organ or bone marrow donation. (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 bone marrow donation. Paid administrative leave may include time spent on a screening process to determine whether the employee is a compatible donor. (b) The director of personnel in the Department of Administration shall adopt regulations to implement this section. (c) Nothing in this section authorizes employees to request leave for contribution to or for withdrawal from a leave pool. (d) In this section, “employee” means a paid employee of the executive, judicial, or legislative branch of state government, a state public corporation or council established by law, or the University of Alaska, whether the employee is a permanent, nonpermanent, or temporary employee, who is employed for an average of 30 or more scheduled hours each week. Sec. 39.20.280. Maternity leave. [Repealed, § 2 ch 67 SLA 1974. For current law see AS 39.20.225 (b)(4).] Sec. 39.20.290. Definition of days of leave. 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. Sec. 39.20.295. Special regulations on leave period. 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 employees of state government. Sec. 39.20.300. Personal and banked medical leave transfers with officer or employee. 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 banked medical leave also transfer and shall be credited to the officer or employee in the employing department, office, institution, or agency. Sec. 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 . Sec. 39.20.310. Exceptions. 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 — 39.20.330 may be construed to diminish the salaries fixed by law for these officers by reason of absence from duty on account of illness or otherwise; (2) magistrates serving the state on less than a full-time basis; (3) officers, members of the teaching staff, and employees of the University of Alaska; (4) persons employed in a professional capacity to make a temporary and special inquiry, study, or examination as authorized by the governor, the legislature, or a legislative committee; (5) members of boards, commissions, and authorities who are not otherwise employed by the state; (6) temporary employees hired for periods of less than 12 consecutive months; (7) persons employed by the division of marine transportation as masters and members of the crews operating the state ferry system who are covered by collective bargaining agreements as provided in AS 23.40.040 , except as expressly provided by law; (8) persons employed by the state who are covered by collective bargaining agreements as provided in AS 23.40.210 , except as expressly provided by law. Sec. 39.20.320. Adoption of regulations. 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 when an officer or employee transfers, without break in service, between a department or agency of the state government where the officer or employee is subject to AS 39.20.200 — 39.20.330 and a department or agency of the state government where the officer or employee is not subject to AS 39.20.200 — 39.20.330. These regulations shall be submitted to the commissioner of administration. The commissioner of administration shall review the regulations and submit them to the personnel board. The regulations, or any part of the regulations, have the force and effect of law 30 days after they are submitted to the personnel board if not disapproved by the personnel board. Amendments to the regulations shall be prepared and submitted in the same manner, and have the force and effect of law 30 days after they are submitted to the personnel board, if not disapproved by the personnel board. The regulations adopted under AS 39.20.200 — 39.20.330 relate to the internal management of state agencies and their adoption is not subject to the provisions of AS 44.62 (Administrative Procedure Act). Sec. 39.20.330. Departments to keep leave records. 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 approval by the director of personnel of the Department of Administration. Sec. 39.20.340. Leave of absence for reserve or auxiliary members of armed forces. (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 rating on all days during which the employee is ordered to training duty, as distinguished from active duty, with troops or at field exercises, or for instruction, or when under direct military control in the performance of a search and rescue mission. The leave of absence may not exceed 16 1/2 working days in any 12-month period. (b) If an employee is called to active duty by the governor, an employee otherwise qualified under (a) of this section is entitled to five days leave of absence without loss of pay, time, or efficiency rating. Sec. 39.20.345. Continuation of pay and benefits for certain members of the reserve and auxiliary units of the armed forces. (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, consisting of the Alaska National Guard, the Alaska Naval Militia, and the Alaska State Defense Force, and who are called to active duty by the appropriate state or federal authority to continue to receive the equivalent of their state compensation and some or all of their state benefits. (b) The Department of Administration shall implement an order issued by the governor under this section. The Department of Administration may adopt emergency regulations to implement an order issued by the governor under this section, including regulations regarding the scope of compensation and benefits and any allocation between the state and the state employee of contributions relating to the benefits. Emergency regulations adopted under this section (1) are not subject to AS 44.62 (Administrative Procedure Act); and (2) take effect immediately unless the Department of Administration specifies another date. (c) In this section, “benefits” includes credited service in a state retirement system, membership in the supplemental employee benefits system under AS 39.30.150 — 39.30.180, and group life and health insurance provided under AS 39.30.090 — 39.30.095 or under a collective bargaining agreement. Sec. 39.20.350. Restoration of reserve members to former positions. 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, shall, when relieved from duty, be restored to the position the employee held when ordered to duty. Article 4. Payments Due to Deceased State Employees. Sec. 39.20.360. Order of payment. 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 the beneficiary or beneficiaries designated by the employee in writing to receive the compensation filed with Department of Administration at the time of death; if more than one beneficiary is designated, each shall share equally unless the employee specifies a different allocation or preference; (2) if there is no beneficiary designated, to the surviving spouse; (3) if there is no beneficiary or surviving spouse, to the employee's child or children and descendants of deceased children by representation; (4) if none of the above, to the employee's parents, or the survivor of them; (5) if none of the above, to the legal representative of the employee's estate, or if there is none, to the person determined to be entitled under the laws of the employee's domicile. Sec. 39.20.370. Inapplicability of provisions to certain benefits, funds, or interest. 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. Sec. 39.20.380. Change or revocation of designation. 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. Sec. 39.20.390. Employees to be informed. Each department shall inform its employees of the provisions of AS 39.20.360 — 39.20.400. Sec. 39.20.400. Definitions. 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 account of the services of the decedent for the state. Article 5. Pregnancy, Childbirth, and Family Leave for Public Employees. Sec. 39.20.500. Employment benefits and privileges for health and family care. (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 allowing the employee to take disability or sick leave or other accrued leave that the employer makes available to temporarily disabled employees. (b) An employee is eligible to take family leave if the employee has been employed by the employer for at least 35 hours a week for at least six consecutive months or for at least 17 1/2 hours a week for at least 12 consecutive months immediately preceding the leave. The leave may be unpaid leave. However, the employee may choose to substitute, or the employer may require the employee to substitute, accrued paid leave to which the employee is entitled. An employer shall permit an eligible employee to take family leave because of a serious health condition for a total of 18 workweeks during any 24-month period. An employer shall permit an eligible employee to 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. If the employee is entitled to a longer period of time under (a) of this section, 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; an employer 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. (c) Notwithstanding (b) of this section, if a parent or child of two employees employed by the same employer has a serious health condition, the employer is not required to grant family leave to both employees simultaneously. (d) During the time that an employee is on leave under this section, the employer shall maintain coverage under any group health plan at the level and under the conditions that coverage would have been provided if the employee had been employed continuously from the date the leave began to the date the employee returns from leave under (e) of this section. However, the employer may require that the employee pay all or part of the costs for maintaining health insurance coverage during a period of unpaid leave. (e) Unless the employer's business circumstances have changed to make it impossible or unreasonable, when an employee returns from leave under this section, the employer shall restore the employee (1) to the position of employment held by the employee when the leave began; or (2) to a substantially similar position with substantially similar benefits, pay, and other terms and conditions of employment. (f) This section does not apply to an employer's small employment facility if the total number of employees employed within 50 road miles of the small employment facility, including those employed at the facility, was fewer than 21 during the 20 consecutive workweeks in which the employer employed at least 21 employees at all business facilities. Sec. 39.20.510. Employee notice. 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 practicable. If the necessity for leave under that 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 employer, subject to the approval of the health care provider of the employee or the employee's child, spouse, or parent. Sec. 39.20.520. Employee transfer. (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 position is suitable if (1) it is an existing unfilled position in the same administrative division in which the employee is currently employed and is less strenuous or less hazardous than the employee's current position; (2) transfer to the position is recommended by a licensed health care provider; (3) the employee is qualified and immediately able to perform the duties of the position; and (4) the transfer will not subject the employer to legal liability under a collective bargaining contract or employment contract. (b) An employer shall compensate an employee who receives a transfer under this section at a rate at least equal to the lesser of the rate, as adjusted by changes to compensation that apply generally to the work force, at which (1) the employee was compensated immediately before requesting the transfer; or (2) the position into which the employee transfers is compensated. Sec. 39.20.530. Application to other laws. (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 section, a collective bargaining contract that does not contain benefit provisions at least as beneficial to the employee as those provided by AS 39.20.500 — 39.20.550 shall be considered to contain the benefit provisions of those statutes. (c) The commissioner of education and early development may approve a collective bargaining agreement entered into between a school district or a regional educational attendance area and a bargaining organization representing certificated employees that does not meet the leave requirements of AS 39.20.500 — 39.20.550, if the district or attendance area establishes to the satisfaction of the commissioner that a variance from the requirements of AS 39.20.500 — 39.20.550 is necessary to avoid a hardship on the school district based on the lack of qualified, available substitute teachers to replace teachers on leave under AS 39.20.500 — 39.20.550 or the lack of available housing for replacement teachers who do not live in the community. Sec. 39.20.540. Investigation and conciliation of complaints. (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 investigate the matters set out in a filed complaint. If the investigator determines that the allegations are supported by substantial evidence, the investigator shall immediately try to eliminate the denial of rights or privileges by conference, conciliation, and persuasion. Sec. 39.20.550. Definitions. 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 employed at least 21 employees in the state for each working day during any period of 20 consecutive workweeks in the preceding two calendar years; “employer” does not include a regional Native housing authority created under AS 18.55.995 — 18.55.998; (3) “health care provider” means a dentist licensed under AS 08.36 , a physician licensed under AS 08.64 , or a psychologist licensed under AS 08.86 ; (4) “parent” means a biological or adoptive parent, a parent-in-law, or a stepparent; (5) “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves (A) inpatient care in a hospital, hospice, or residential health care facility; or (B) continuing treatment or continuing supervision by a health care provider; (6) “small employment facility” means a facility of an employer that did not employ 21 or more employees during any period of 20 consecutive workweeks in the preceding two calendar years; (7) “state” includes the University of Alaska, the Alaska Railroad, and the executive, legislative, and judicial branches of state government including public and quasi-public corporations and authorities established by law.