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- Alaska Statutes.
- Title 26. Military Affairs, Veterans, and Disasters
- Chapter 5. Military Code of Alaska
- Section 75. Reemployment Rights of the Organized Militia.
previous: Section 70
. Governor May Order Organized Militia Into Active Service.
next: Section 80
. Decision of Governor Final.
AS 26.05.075. Reemployment Rights of the Organized Militia.
- (a) An employer shall grant to an employee who is a member of the organized militia a leave of absence to perform active
state service under AS 26.05.070
- (b) When an employee is released from a period of active state service under AS 26.05.070
or discharged from hospitalization that arose from active state service, the employee is entitled to return to the
employee's former position, or a comparable position, at the pay, seniority, and benefit level the employee would have
had if the employee had not been absent as a result of active state service. An employee, other than an employee who
has been hospitalized, shall report for work at the beginning of the workday following the last calendar day necessary
to travel from the site of active state service to the employee's work site. An employee who has been hospitalized
shall report for work at the beginning of the workday following the last calendar day necessary to travel from the
hospital or place of recuperation to the employee's work site. If the employee fails to return to work at that time,
the employer may impose whatever discipline is provided by the employer's rules of conduct for unexcused absence from
- (c) If an employee is not qualified to perform the duties of the employee's position as a result of permanent disability
sustained because of the employee's active state service but is qualified to perform the duties of another position
with the employer, the employer shall offer an employee who requests reemployment the available, vacant position that
most closely approximates the pay and benefits of the employee's previous position and that the employee is qualified
for and capable of performing. An employee loses the right to reemployment under this subsection unless the employee
requests reemployment within 30 days after receiving a statement from the employee's treating physician indicating both
that the employee has reached maximum recovery and that the employee is released to return to full-time work.
- (d) For employees other than state employees, the Department of Labor and Workforce Development shall enforce this section
by appropriate regulations. For state employees, the division of personnel in the Department of Administration shall
enforce this section. Regulations adopted under this section may provide for orders of reinstatement and back pay if
appropriate. For employees other than state employees, contested cases arising under this section are to be handled
under AS 44.62.330 - 44.62.630. Appeals involving state employees must be made
to the personnel board under the procedure set out in the state's personnel rules for grievances.
- (e) Notwithstanding (f) of this section, a person aggrieved under this section may bring an action in superior court no
sooner than 30 days after giving notice to the Department of Labor and Workforce Development, or, in the case of a
state employee, to the director of the division of personnel. The action must be brought within two years after the
- (f) A collective bargaining agreement entered into in the state after September 2, 1990 may not contain provisions
contrary to this subsection.
- (g) This section does not affect AS 39.20.340
or 39.20.350 governing paid leave and reinstatement
of state and local employees for certain military activities.
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