Can I offer unlimited vacation time to my employees in Alaska? What are the requirements?

Unlimited Vacation Time in Alaska

Alaska law does not require employers to provide vacation time to their employees. However, if an employer chooses to offer vacation time, they must comply with certain requirements.

According to AKST 23.10.055, an employer may offer unlimited vacation time to their employees as long as they comply with the requirements for compensating employees in a bona fide executive, administrative, or professional capacity. These employees must be compensated on a salary or fee basis at a rate of not less than two times the state minimum wage for the first 40 hours of employment each week, exclusive of board or lodging that is furnished by the individual’s employer.

Requirements for Personal Leave

AKST 39.20.225 outlines the requirements for personal leave in Alaska. 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. 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.

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.

Transfer of Accrued Medical Leave

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 AKST 39.20.256. An officer or employee may not take any banked medical leave unless the officer or employee has no accrued personal leave and has a medical disability exceeding 10 consecutive working days in duration or has a medical disability exceeding 30 consecutive working days in duration. Once the requirements 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.

Employment Benefits and Privileges for Health and Family Care

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. 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.

In conclusion, an employer in Alaska may offer unlimited vacation time to their employees as long as they comply with the requirements for compensating employees in a bona fide executive, administrative, or professional capacity. Additionally, personal leave is required for officers and employees in Alaska, and they must take at least 10 days of personal leave during each 12-month period. 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 AKST 39.20.256. 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. 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.

Jurisdiction

Alaska

• Labor