The federal Family and Medical Leave Act of 1993 (FMLA) became effective August 5, 1993 and the Alaska Family Leave Act of 1992 (AFLA) became effective September 16, 1992. The Military Family Leave (MFL) provision of FMLA became effective January 16, 2009. The Acts promote preservation of the integrity and stability of the family unit, job security for the employee, as well as accommodating the business interests of the employer.
- The FMLA provides a job-protected absence for up to 12 weeks in a 12-month period to eligible employees for a qualifying condition.
- The AFLA provides a job-protected absence for up to 18 weeks in a 24-month period to eligible employees for a qualifying serious medical condition. It also provides a job-protected absence for up to 18 weeks in a 12-month period to eligible employees for pregnancy, childbirth or adoption.
- MFL (a FMLA provision) provides leave entitlements to family members of military service personnel in two ways:
- Up to 12 weeks of leave in a 12-month period is provided for the spouse, son, daughter or parent of a military member due to a qualifying "exigency" that arises because the military member is called to covered active duty or is notified of an impending call or order to covered active duty in the armed forces.
- Up to 26 weeks of leave in a 12-month period is provided for a spouse, parent, son, daughter or next of kin to care for a military member or veteran (active within the last 5 years) who becomes seriously ill or is seriously injured while on covered active duty.
The Acts supplement other laws, contractual requirements, policies and practices regarding leave thereby placing additional administrative requirements on the employer. The Family Leave FAQs is a document providing information about the State of Alaska's administration of family leave in compliance with the state and federal Acts. Family leave must be invoked for all qualifying conditions if the employee otherwise qualifies for family leave. When an employee is eligible under both Acts, the entitlements run concurrently.
When employees request FMLA leave, employers must provide employees with notice within five business days that they are eligible for FMLA leave. After the employer has received sufficient information that the request for leave is FMLA-qualifying, it must designate the leave as such within five business days. The notice must inform the employee of how much time will be counted against his or her FMLA leave allotment.
When employees learn of a need for FMLA leave fewer than 30 days in advance, they are required to give notice of their need either the same business day or the next day, absent emergency situations. Also, if employees do not follow their employer’s call-in policies, they may be subject to disciplinary measures, absent extraordinary circumstances.
The Family Leave Packet consists of the following forms:
- Conditional Family Leave Notification (completed by supervisor/departmental designee)
- Your Rights and Responsibilities Under FMLA/AFLA (information for the employee)
- Certification of Health Care Provider (employee provides to Health Care Provider)
Supervisors (or departmental designee) are to complete the Conditional Family Leave Notification form when they have reason to believe an employee is taking leave for a qualifying condition.
Upon completion, a copy of the Conditional Family Leave Notification form is routed (fax/scan/mail) to Payroll Service for further processing. The original is provided to the employee with the remaining forms in the packet. The Family Leave Packet, given to the employee, fulfills state and federal family leave notification requirements.
Links are provided below to resources for additional information regarding family leave.
- Family Leave Packet
- Family Leave FAQs
- Your Rights and Responsibilities Under Family Leave
- Family Leave Presentation: (choose format) Powerpoint | PDF
- Family Leave / Alaska Administrative Manual - AAM 280.360 - 280.460
- AFLA/Alaska Statutes - AS 39.20.500-39.20.550
- FMLA/Federal Regulations
- Military Family Leave Packet – Serious Injury or Illness of a Covered Service Member
- Military Family Leave Packet – Qualifying Exigency
- Labor Relations - Collective Bargaining Agreements
- Leave Rules - Alaska Administrative Code
- Division of Personnel - HR Forms