- Alaska Statutes.
- Title 39. Public Officers and Employees
- Chapter 25. State Personnel Act
- Section 158. Reemployment Rights For Injured State Employees.
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AS 39.25.158. Reemployment Rights For Injured State Employees.
- (a) An injured employee is eligible for reemployment rights under this section if the employee requests to return to work
for the state within 30 days after receipt of a release from a physician indicating that the employee is able to return
to full or modified work.
- (b) After an employee requests to return to work, the reemployment benefits administrator of the division of workers'
compensation or the director of vocational rehabilitation in the Department of Labor and Workforce Development shall
review the request and certify that the employee is able to return to work under (c), (d), (e), or (f) of this section,
or defer certification until the employee completes retraining under (f) of this section.
- (c) If the reemployment benefits administrator or the director of vocational rehabilitation certifies that the employee is
able to perform the tasks assigned to the employee's former position, the agency shall reemploy the employee within 30
days after receipt of the certification unless the position no longer exists. If a permanent, probationary or
provisional employee is currently employed in the position, the agency shall cause a vacancy under the layoff
provisions of AS 39.25.150
- (d) If the employee is not eligible for reemployment under (c) of this section but is able to perform the essential
functions of the position, then the agency shall reemploy the employee in the position after making a reasonable
accommodation to the physical and mental limitations of the employee unless the position no longer exists. Reasonable
accommodation may include imposing work restrictions on the tasks performed by the employee, making job or site
modifications necessary to permit the employee to perform the tasks of the position, removing institutional and
architectural barriers, and providing additional support services.
- (e) If the employee is not eligible for reemployment under (c) or (d) of this section and if the agency has a vacant
position for which the employee is qualified that is comparable in wage to the position the employee previously held,
then the agency shall offer the employee the position. If the employee is unable to perform the essential functions of
a comparable position within the agency, then the employee is entitled to reemployment in a comparable position for
which the employee is qualified with another agency if the position is vacant and the employee is able to perform the
essential functions of that position.
- (f) If the agency and other agencies in the state are unable to reemploy the employee in a position at a wage comparable
to the employee's previous wage, the employee may request reemployment at a lower wage or accept retraining under AS 23.30.041
. After completing the training the employee may request reemployment in a position for which the employee has been
retrained in the agency. If the agency cannot offer reemployment, the employee may request reemployment in a position
for which the employee has been retrained with another agency.
- (g) An agency may refuse to reemploy or continue the employment of a former employee if reasonable accommodation imposes
an undue hardship on the operation of the agency's program or if, after reasonable efforts at accommodation, the
injured employee cannot perform the essential functions of the position in a manner that would not endanger the health
or safety of
- (1) the employee because the job imposes an imminent and substantial degree of risk to the employee; or
- (2) others to a greater extent than if a nonhandicapped person performed the job.
- (h) Factors an agency may consider in determining undue hardship under (g) of this section include the current number of
employees in the section or office, number and type of facilities, size of budget, nature and cost of the accommodation
needed, and the type, composition, and structure of the work force.
- (i) Notwithstanding any other provision of law, if an injured employee requests reemployment under (e) or (f) of this
section and if the employee is able to perform the essential functions of the position, the state may not hire another
person for that position except an employee in layoff status for that job class.
- (j) A collective bargaining agreement under AS 23.40.070
- 23.40.260 may not include terms contrary to this
- (k) In this section
- (1) "agency" includes a department, division, office, agency, board, commission, authority, or other organizational unit
of the executive branch of state government;
- (2) "comparable wage" means a wage equivalent to at least the state minimum wage under AS 23.10.065
or 75 percent of the worker's gross hourly wage at the time of injury, whichever is greater;
- (3) "injured employee" or "employee" means a permanent, probationary, or provisional employee of an agency in the
classified service whose injury is a compensable injury or condition under AS 23.30.
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