Today’s Key Takeaway: The mandatory sick leave provision is the most threatening part of Ballot Measure 1 for Alaskan employers. The policy is poorly written, lacking clarity and giving broad definitions that will most certainly lead to employer-employee disputes. The “one size fits all” concept ignores the nuances of Alaska’s industries that are seasonal (tourism, fishing) and industries that have rotational work where employees work two weeks on and then have two weeks off.
Section 4 of Ballot Measure 1 Requires employers to provide paid sick leave to employees who work a certain number of hours.
This section impacts almost every employer in the state of Alaska.
Employer Alert: If you are currently providing paid sick leave, you must alter your current policy to meet the minimum standards set by this initiative: you must provide the same circumstances for leave and you must allow employees to accrue paid sick leave at the same ratio.
Here are the basic details:
- 15 employees or more. 1 hour of paid sick leave for every 30 hours worked. Capped at 56 hours annually.
- 14 or less employees. 1 hour of paid sick leave for every 30 hours worked. Capped at 40 hours annually.
- Salaried positions exempt from minimum wage will accrue 1 hour for every 40 hours worked (unless their normal work week is less than 40 hours.)
- Employee’s accrued sick leave rolls over every year.
- Employer is only required to permit 56 hours of paid sick leave per year if they have more than 15 employees- 40 hours annually if they have 14 or less employees.
- Accrual of paid sick leave starts July 1, 2025
- Accrued paid sick leave is transportable by an employee who is transferred to another company or subsidiary if the employee keeps the same employer.
Employer Alert: This language lacks clarity. There is nothing in the ballot measure that explains how an employee who transfers from another company remains with the same employer.
- An employee who separates from an employer but is rehired within six months of separation by same employer is entitled to have their previous accrued paid sick leave reinstated.
- If another employer buys a business, the current employees retain their paid sick leave
Section 5 of Ballot Measure 1 outlines how an employee is permitted to use paid sick leave.
Here are the basic details:
An employee may use paid sick leave to:
- Address their mental or physical illness or injury or health condition
- Seek medical diagnosis, care, or treatment
- Preventative medical care
- Assist a family member (immediate family members, foster child, legal ward, and some others) or someone whose close association is the equivalent of a family relationship.
Employer Alert: this provision that includes “someone whose close association is the equivalent of a family relationship” is so vague and clearly could lead to employer-employee disputes about which friends or relationships qualify.
- If an employee uses paid sick leave to be absent for 4 or more consecutive work days, the employer may require reasonable documentation that it is being used for a proper purpose.
- Employees may use sick leave to be absent for a single hour, multiple hours, or entire workdays.
- An employer is prohibited from retaliating against an employee for using paid sick leave.
- An employer need not compensate an employee who is separating from the employer for unused paid sick leave.
- Deal with domestic violation, sexual assault, or stalking
Section 6 of Ballot Measure 1 explains that no employer is required to compensate an employee who is separating from the employer for unused paid sick leave.
Section 7 of Ballot Measure 1 lists which types of employees and employer is not required to provide paid sick leave to:
- Individuals exempt from minimum wage requirements because they are a trade apprentice or because they are mentally or physically handicapped
- Workers employed through a residential drug abuse or alcoholism treatment program
- Prisoners engaged in prion work
- Aquatic farm workers
- Agricultural workers
- Shrimp pickers
- Babysitters
- Federal and state employees
- Nonprofit and religious workers engaged in volunteer work
- Newspaper deliverers
- House, animal, and plant sitters
- Daycare workers
- Taxicab drivers
- Fish and hunting guides
- Those working for an organization under Alaska’s temporary assistance program
- EMTs, paramedics, firefighters and ski patrollers who serve on a voluntary basis
- A University of Alaska student who is engaged in student teaching
- Railroad employees covered under the Railroad Unemployment Insurance Act
Tomorrow: Ballot Measure 1, Part 3: Limiting the ability of employers to communicate with their employees.