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(a) Employees covered by this chapter accrue personal leave in lieu of sick and annual leave. Employees who have accrued a sick leave balance under the terms of a collective bargaining agreement who move to a position not covered by a collective bargaining agreement with no break in service will have 40 percent of that sick leave transferred to the employee's personal leave account and 60 percent of that sick leave transferred to a surplus sick leave bank. The sick leave that is transferred to the employee's personal leave account will be converted to cash value at the employee's rate of pay on the effective date of the transfer to personal leave.
(b) Banked sick leave may not be used unless the employee has
(1) no accrued personal leave; and
(2) a medical disability exceeding 10 consecutive working days in duration; or
(3) a medical disability exceeding 30 consecutive working days in duration.
(c) Subsections (b)(1) and (2) of this section operate as a single rule, prohibiting the use of banked medical leave until all personal leave has been used for a single medical disability continuing for more than 10, but less than 30, consecutive working days.
(d) Subsection (b)(3) of this section may be applied only if a single medical disability exceeds 30 consecutive working days. After the 30th consecutive working day of absence, the employee's personal leave account will be credited for each day of paid personal leave used in excess of 10 days, and the employee's banked sick leave account will be reduced by the same amount. The banked sick leave account may then be used until the medical disability is terminated or until the banked sick leave account is exhausted. If the employee's banked sick leave account is exhausted during the single disability, the employee's personal leave account will be used for the remainder of the absence due to medical disability. If the employee's personal leave account is then exhausted during the single disability, the remainder of the absence will be charged to donated leave, if any, then to leave without pay.
(e) An employee's supervisor may, at any time, request a doctor's certificate showing that an employee is suffering from a medical disability or illness. A doctor's certificate must be submitted before banked medical leave may be used under (b)(3) of this section.
(f) The use of leave in connection with pregnancy and childbirth under AS 39.20.225 (b)(4) will be considered leave for a medical disability.
(g) Upon the death of an employee, any unused balance in the employee's sick leave bank shall be paid in cash to the employee's beneficiary at the employee's current rate of pay.
History: In effect before 6/28/84; am 6/28/84, Register 91; am 5/16/90, Register 132; am 8/29/96, Register 143; am 11/24/99, Register 150
Authority: AS 39.20.200
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Last modified 7/05/2006