Leave without pay shall be granted to municipal employees elected to state legislature and may be granted by the director upon request by any other employee, having the recommendation of the agency head and upon consideration of the particular needs of the employee and the agency. Leave and benefits shall not accrue during leave without pay except as provided in this section. The employer-employee relationship is maintained during a period of leave without pay, but no other compensation shall be paid by the municipality.
Section
3.30.1515 provides for family leave, which must be approved pursuant to the Alaska Family Leave Act (AFLA) (AS
39.20.500—
39.20.550) and the Family and Medical Leave Act of 1993 (Public Law 103-3). Additional periods of leave without pay directly following family leave may be requested by an employee and may be approved by the director upon recommendation of the agency head. The period of family leave, whether paid or unpaid, will, however, count toward the maximum periods of leave without pay available under this section.
Leave without pay may be requested; however, with the exception of military leave without pay, under no circumstances will leave without pay be approved for more than one hundred and eighty (180) consecutive calendar days in a rolling twelve-month period.
A. Leave without pay.
1. Requirements. The director shall grant leave without pay to municipal employees elected to state legislature for the duration of the legislative session. In all other cases, the director may grant leave without pay on a case by case basis, provided that:
a. The agency head certifies that the agency is able to perform adequately if the leave is granted;
b. The employee has exhausted cashable and noncashable leave accounts;
c. The employee has stated an important reason to support the leave application;
d. The initial leave is granted for no more than ninety (90) consecutive days, with the possibility of one extension for an additional ninety (90) days upon the same conditions; and
e. For periods over thirty (30) consecutive days, the employee pays for the health and insurance coverage that the employee may choose to receive, as determined by the director.
2. Replacement of employee on leave without pay. Employees on approved leave without pay may be replaced by temporary or substitute employees, depending on the needs of the agency and the duration of the leave without pay. Employees shall resume their positions upon completion of leave without pay.
B. Programmed leave without pay.
1. Requirements. If an agency head suspends the work performed by an employee for more than one workweek but no more than eight workweeks in a calendar year, the employee may choose to be laid off pursuant to section
3.30.112 or to take programmed leave without pay, if that option is offered by the director. An employee who is on programmed leave may choose to use annual leave for any portion of that leave.
2. Duration. No more than sixty (60) days of programmed leave shall be available pursuant to any one suspension of work by an agency head.
3. Benefits. An employee on programmed leave without pay shall continue to receive life and health insurance coverage, as determined by the director, but annual leave shall not accrue during that time.
4. Replacement of employee on programmed leave without pay. No employee on programmed leave shall be replaced at any time by reason of such leave, nor shall the work of their position be assigned to another employee.
(AO No. 79-195; AO No. 86-207(S-1); AO No. 91-5(S-1); AO No. 93-136, § 1, 8-5-1993; AO No. 94-117, § 32, 7-26-1994; AO No. 2009-60, § 1, 5-12-2009; AO No. 2009-85, § 1, 7-7-2009; AO No. 2014-32(S), § 15, 2-25-2014; AO No. 2019-70, § 5, 6-4-2019; AO No. 2020-78, § 2, 7-28-2020; AO No. 2025-67, § 3, 6-10-2025)