HB 100 — An Act relating to teacher and public employee leave.
Last action — (H) COSPONSOR(S): HIMSCHOOT
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✓Introduced
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2In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 33rd Legislature (2023-2024). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
75 added · 307 removedPlain-language change summary
The latest version of HB 100 makes some important changes regarding leave for teachers and public employees. It now ensures that if a teacher is injured in an on-the-job assault and is on leave, their employer will pay the necessary contributions to their benefits during that time. Additionally, the bill clarifies that state employees can take up to 18 weeks of paid family leave for serious health conditions without having to use their accrued paid leave, which gives them more flexibility when facing personal or family health issues. These changes aim to provide better support for workers during challenging times.
33-LS0480\S33-LS0480\A CS FOR HOUSE BILL NO.
100(L&C)100 IN THE LEGISLATURE OF THE STATE OF ALASKA THIRTY-THIRD LEGISLATURE - SECOND SESSION BY THEREPRESENTATIVES HOUSEARMSTRONG, LABORSchrage, ANDFields, COMMERCEStory, COMMITTEEHannan, Referred:Galvin, Himschoot Introduced:
Finance3/8/23 Sponsor(s):Referred:
REPRESENTATIVESLabor ARMSTRONG,and Schrage,Commerce, Fields,Finance Story, Hannan, Galvin, Himschoot A BILL FOR AN ACT ENTITLED "An Act relating to familyteacher and public employee leave." BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
AS 23.1014.25.050(c) is amended by adding new sections to read:
Article(c) 9.The employer of a teacher who, because of a physical injury caused by an on-the-job assault, is on [UNPAID] leave of absence or is receiving benefits under AS 23.30 shall pay the teacher's contributions required by this section while the teacher is on [UNPAID] leave or receiving the workers' compensation benefits.
Alaska Paid Family Leave Plan.
Sec.
23.10.700.
Plan procurement and requirements.
(a) The commissioner of labor and workforce development and the commissioner of administration shall jointly procure a family leave insurance plan that meets the requirements of AS 23.10.700 - 23.10.790 and secures family leave wage replacement coverage for (1) qualified state employees at no cost to the employees;
(2) enrolled employees of political subdivisions of the state and private employers who have elected to participate in the plan under AS 23.10.720;
and (3) individuals who use the purchasing pool to enroll in the plan under AS 23.10.730.
(b) The procurement of the family leave insurance plan is governed by AS 36.30 (State Procurement Code).
HB0100b -1- CSHB 100(L&C) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0480\S (c) The Department of Labor and Workforce Development and the Department of Administration shall jointly evaluate responses to the procurement and shall contract with an insurer authorized under AS 21.09 to provide health or disability insurance.
The insurer shall file the rates and forms for a family leave insurance plan with the director of insurance for approval.
(d) The commissioner of labor and workforce development and the commissioner of administration shall adopt and include in the plan, for employees of employers that elect to participate in the plan, (1) the length and time of annual open enrollment periods;
(2) enrollment processes for plans with premiums paid (A) entirely by an employer;
(B) partially by an employer;
(C) entirely by an employee;
(3) procedures for payroll deduction and premium payment for participating employers with 50 or more employees.
(e) The commissioner of labor and workforce development and the commissioner of administration shall adopt and include in the plan, for employees who enroll in the plan using the purchasing pool under AS 23.10.730, procedures (1) that ensure timely transmission of enrollment and eligibility information to the insurer;
(2) to collect premiums from enrolled employees and from employers with 50 or more employees;
(3) specifying how frequently premiums will be transmitted to the insurer and how penalties for late payments will be calculated.
Sec.
23.10.710.
Plan benefit and eligibility.
(a) A family leave insurance plan procured under AS 23.10.700 must provide a participating employee wage replacement coverage that equals 100 percent of the employee's average weekly wage, up to $3,000 each week.
In this subsection, "average weekly wage" means the average wage the employee has earned each week over the shorter of (1) the 52 weeks immediately preceding the period the employee takes family leave;
CSHB 100(L&C) -2- HB0100b New Text Underlined [DELETED TEXT BRACKETED] 33-LS0480\S (2) the employee's entire current term of employment with the state, political subdivision of the state, or private employer.
(b) A family leave insurance plan may not impose a minimum duration of family leave for wage replacement coverage.
The annual duration of family leave wage replacement coverage under the plan is (1) the entire period for which family leave is taken by a state employee under AS 39.20.305 or 39.20.500;
(2) not less than six weeks of family leave for an enrolled employee of a participating political subdivision of the state or of a participating private employer or for an employee enrolled in a family leave insurance plan through the purchasing pool.
(c) An enrolled employee is eligible for family leave wage replacement if the employee has been (1) enrolled for at least seven calendar days;
and (2) employed by the employer for at least 35 hours a week forat least six consecutive months or for at least 17.5 hours a week for at least 12 consecutive months immediately preceding the leave.
Sec.
23.10.720.
Participation.
(a) A political subdivision of the state or private employer may elect to participate in a plan procured under AS 23.10.700.
A participating political subdivision of the state or private employer shall contract directly with the insurer and may choose (1) the duration under AS 23.10.710(b) that the enrolled employees of the political subdivision of the state or the private employer may receive wage replacement coverage;
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and (2) whether to provide coverage at no cost to the enrolled employee, pay a portion of the employee's premium costs, or require the employee to cover the entire premium.
(b) A premium charged by an insurer for a participating political subdivision or private employer must be actuarially justified and derived from the individual employee premium, expressed as a percentage of wages, paid by hte state for state employee coverage.
HB0100b -3- CSHB 100(L&C) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0480\S (c) An employee of a participating political subdivision of the state or private employer may elect to enroll in the plan.
(d) A participating political subdivision of the state or private employer shall pay premiums for an enrolled employee directly to the insurer and pay the employee contributions, if any, directly to the insurer by way of automatic payroll deductions.
(e) A participating private employer that employs 50 or more employees (1) shall, during the time an employee is on family leave receiving wage replacement and paying the costs for maintaining health insurance coverage, maintain coverage under any group health plan at the level and under the conditions that coverage would have been provided if the employee had been employed continuously from the date the leave began to the date the employee returns from family leave;
(2) shall, unless the employer's business circumstances have changed to make it impossible or unreasonable when a participating employee returns from family leave, restore the employee to (A) the position of employment held by the employee when the leave began;
or (B) a substantially similar position with substantially similar benefits, pay, and other terms and conditions of employment;
(3) may not discriminate or retaliate against an employee for taking family leave and receiving wage replacement benefits.
(f) A participating political subdivision of the state and a private employer that employs fewer than 50 employees may collect and transmit premiums directly to the insurer or to the purchasing pool premium account under AS 23.10.730(d).
The employer may collect employee contributions, if any, by way of automatic payroll deductions.
Sec.
23.10.730.
Purchasing pool.
(a) The family leave insurance plan purchasing pool is established.
The insurer shall participate in the purchasing pool.
(b) An employee of a political subdivision of the state or a private employer that does not participate in a family leave insurance plan and does not offer a family leave insurance benefit that is at least equivalent to the coverage provided under CSHB 100(L&C) -4- HB0100b New Text Underlined [DELETED TEXT BRACKETED] 33-LS0480\S AS 23.10.710 may use the purchasing pool established in this section to contract indirectly with an insurer and enroll in a family leave insurance plan.
(c) The pool may be experience rated.
Coverage through the pool must include a seven-month waiting period, a one-week elimination period, and a 60-day annual open enrollment period as established by the commissioner in the procurement process.
Premiums for purchasing pool coverage may not exceed $5 for each enrolled employee each week.
(d) A political subdivision of the state or a private employer that employs 50 or more employees shall transfer premiums for an employee using the purchasing pool established in this section directly to the insurer by way of automatic payroll deductions.
An employee of a political subdivision of the state or a private employer that employs fewer than 50 employees may pay premiums directly to the purchasing pool.
(e) The commissioner of administration shall separately account for purchasing pool premium payments received by the department and for payment of premiums to an insurer participating in a family leave insurance plan in a purchasing pool premium account.
Sec.
23.10.740.
Purchasing pool premium stabilization account.
(a) The commissioner of administration shall separately account for (1) premium taxes imposed on family leave insurance premiums written by the insurer under AS 21.09.210;
(2) appropriations made for purchasing pool stabilization;
and (3) gifts, grants, and donations made for the purpose of stabilizing the purchasing pool.
(b) The legislature may appropriate money from the account to the purchasing pool to ensure that the premiums charged to participants in the purchasing pool remain stable from year to year and do not exceed $5 for each enrolled employee each week.
Sec.
23.10.750.
Family leave insurance advisory board.
(a) The family leave insurance advisory board is established in the Department of Administration to support the commissioner of administration with implementing and administering family leave insurance plans.
HB0100b -5- CSHB 100(L&C) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0480\S (b) The advisory board is composed of seven members appointed by the governor as follows:
(1) three members who represent employers;
(2) three members who represent employees;
(3) one member, who shall serve as chair, who is qualified, through training and experience, to resolve problems of family leave insurance procurement, eligibility, benefit design, and program administration.
(c) The advisory board shall meet at least quarterly.
Sec.
23.10.760.
Bargaining.
Notwithstanding any provision of AS 23.40.070 - 23.40.260 to the contrary, if an agreement between an employer subject to AS 23.40.070 - 23.40.260 and an employee bargaining organization does not contain provisions at least as beneficial to the employee as the provisions provided by AS 23.10.700 - 23.10.790, the provisions of AS 23.10.700 - 23.10.790 apply.
Sec.
23.10.770.
Report and outreach.
(a) The Department of Labor and Workforce Development, in conjunction with the Department of Administration, shall prepare and submit to the senate president and the speaker of the house of representatives by January 15 of each year a report on family leave insurance plans.
The Department of Labor and Workforce Development and the Department of Administration shall include in the report a description of progress in increasing the rate of family leave insurance coverage of employees in the state, and recommendations to further increase the rate of coverage.
(b) The Department of Labor and Workforce Development, in conjunction with the Department of Administration, shall develop an outreach program to educate employers and employees about the potential benefits of participating in a family leave insurance plan, including benefit structures and qualifying for the family leave insurance tax credit under AS 43.20.075.
Sec.
23.10.780.
Regulations.
The commissioner of labor and workforce development and the commissioner of administration may adopt regulations to implement AS 23.10.700 - 23.10.790.
Sec.
23.10.790.
Definitions.
In AS 23.10.700 - 23.10.790, (1) "child" means an individual who is CSHB 100(L&C) -6- HB0100b New Text Underlined [DELETED TEXT BRACKETED] 33-LS0480\S (A) under 18 years of age;
or (B) 18 years of age or older and incapable of self-care because of mental or physical disability;
(2) "family leave" means leave taken (A) 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 or foster care;
(B) in order to care for the employee's child, spouse, or parent who has a serious health condition;
in this subparagraph, "child" includes the employee's biological, adopted, or foster child, stepchild, or legal ward;
and (C) because of the employee's own serious health condition;
(3) "insurer" means a person engaged as indemnitor, surety, or contractor in the business of entering into contracts of insurance or of annuity that has contracted with the commissioner of labor and workforce development and the commissioner of administration under AS 23.10.700;
(4) "parent" means a biological or adoptive parent, a parent-in-law, or a stepparent;
(5) "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves (A) inpatient care in a hospital, hospice, or residential health care facility;
or (B) continuing treatment or continuing supervision by a health care provider;
(6) "state" includes the executive, legislative, and judicial branches of state government, the University of Alaska, the Alaska Railroad Corporation, and public corporations and authorities established by law.
(a) An officer or employee of the state who is otherwise qualified to take leave of absence may take family leave paid throughfamily wageleave replacement coverage under AS 23.10.700 - 23.10.790 because of a serious health condition for a total of 18 workweeks during any 24-month period.
An otherwise qualified officer or employee HB0100b -7- CSHB 100(L&C) New Text Underlined [DELETED TEXT BRACKETED] 33-LS0480\S may take family leave because of pregnancy and childbirth,childbirth [OR] adoption, or fosteradoption care for a total of 18 workweeks within a 12-month period;
The state may not require the employee to substitute accrued paid leave to which the employee isHB0100a entitled-1- [ANHB OFFICER100 ORNew EMPLOYEEText TAKINGUnderlined LEAVE[DELETED UNDERTEXT THISBRACKETED] SECTION33-LS0480\A SHALLis USEentitled. ACCRUED PAID LEAVE UNTIL THE OFFICER OR EMPLOYEE HAS ONLY FIVE DAYS OF PAID LEAVE REMAINING.
[AN OFFICER OR EMPLOYEE TAKING LEAVE UNDER THIS SECTION SHALL USE ACCRUED PAID LEAVE UNTIL THE OFFICER OR EMPLOYEE HAS ONLY FIVE DAYS OF PAID LEAVE REMAINING.
AFTER REDUCING ACCRUED PAID LEAVE AS REQUIRED BY THIS SUBSECTION, THE OFFICER OR EMPLOYEE MAY TAKE LEAVE WITHOUT PAY FOR THE BALANCE OF THE FAMILY LEAVE].LEAVE.] If the employee is entitled to a longer period of time under AS 39.20.500, then the longer period applies.
IfAn theeligible employee is entitled to take family leave (1) because of pregnancy and the birth of a longerchild periodof the employee or the placement of timea underchild, ASother 39.20.500,than thenthe employee's stepchild, with the longeremployee periodfor applies.adoption;
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 or foster care;
The leave for a state employee must [MAY] be [UNPAID] leave paid through[UNPAID] wageleave. replacement coverage under AS 23.10.700 - 23.10.790.
The leave[HOWEVER, forTHE anEMPLOYEE employeeMAY ofCHOOSE aTO politicalSUBSTITUTE, subdivisionOR ofTHE] employer may not require the stateemployee mayto besubstitute unpaid[,] leave.accrued paid leave to which the employee is entitled.
However,An theemployer politicalshall subdivisionpermit employeean mayeligible chooseemployee to CSHBtake 100(L&C)family -8-leave HB0100bbecause Newof Texta Underlinedserious [DELETEDhealth TEXTcondition BRACKETED]for 33-LS0480\Sa substitutetotal accruedof paid18 leaveworkweeks toduring whichany the24- employeemonth isperiod. entitled.
TheAn stateemployer shall permit an eligible employee to take family leave because of pregnancy and childbirth or theadoption politicalfor subdivisiona [.total of 18 workweeks within a 12-month period;
HOWEVER,the THEright EMPLOYEEto MAYtake CHOOSEleave TOfor SUBSTITUTE,this ORreason THEexpires EMPLOYER]on maythe notdate requireone theyear employeeHB to100 substitute-2- [,]HB0100a accruedNew paidText leaveUnderlined to[DELETED whichTEXT BRACKETED] 33-LS0480\A after the employeebirth isor entitled.placement of the child.
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, or foster care 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.
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 adoptionadoption; or foster care;
AS 39.20.500(f)39.35.160(d) is amended to read:
(f)(d) ThisThe sectionemployer doesof nota applymember towho ais politicalemployed subdivisionby ofa theschool state'sdistrict, [ANa EMPLOYER'S]regional smalleducational employmentattendance facilityarea, ifor thea totalstate numberboarding ofschool employeeswho employedis HB0100bassaulted -9-while CSHBon 100(L&C)the Newjob Textand Underlinedwho, [DELETEDas TEXTa BRACKETED]result 33-LS0480\Sof withina 50physical roadinjury milesfrom of the smallassault, employmentis facility,placed includingon those[UNPAID] employedleave atof theabsence facility,or wasis fewerreceiving thanbenefits 21under duringAS 23.30, shall pay the 20member's consecutivecontributions workweeksunder inthis whichsection while the politicalmember subdivisionis, as a result of the stateon- [EMPLOYER]the-job employedinjury, aton least[UNPAID] 21leave employeesor atreceiving allthe businessbenefits facilities.under AS 23.30.
*HB0100a Sec.-3- HB 100 New Text Underlined [DELETED TEXT BRACKETED]
6.
AS 39.20.550(2) is amended to read:
(2) "employer" (A) means (i) the state;
(ii) [AND] a political subdivision of the state that employed at least 21 employees in the state for each working day during any period of 20 consecutive workweeks in the preceding two calendar years;
(B) ["EMPLOYER"] does not include a regional Native housing authority created under AS 18.55.995 - 18.55.998;
* Sec.
7.
AS 43.20 is amended by adding a new section to read:
Sec.
43.20.075.
Family leave insurance tax credit.
A taxpayer that pays for family leave insurance coverage for the taxpayer's employees under AS 23.10.720 is allowed a credit against the taxes due under this chapter for an amount equal to 50 percent of the family leave insurance premium paid by the taxpayer for the year in which the premium is paid.
* Sec.
8.
The uncodified law of the State of Alaska is amended by adding a new section to read:
TRANSITION.
The procurement for family leave insurance coverage, described in sec.
1 of this Act, shall be issued not later than March 31, 2025.
A family leave insurance plan shall be in place for state government employees and available for purchase by political subdivisions of the state and private employers with more than 50 employees by January 1, 2026.
The purchasing pool shall be operational and coverage available for purchase not later than January 1, 2026.
CSHB 100(L&C) -10- HB0100b New Text Underlined [DELETED TEXT BRACKETED]
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Action History
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(H) COSPONSOR(S): HIMSCHOOT
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(H) REFERRED TO FINANCE
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(H) FIN REPLACED EDC REFERRAL
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(H) FN3: (ADM)
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(H) FN2: ZERO(GOV/VARIOUS DEPTS)
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(H) FN1: ZERO(ADM)
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(H) NR: SADDLER, PRAX, RUFFRIDGE
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(H) DP: CARRICK, FIELDS, WRIGHT, SUMNER
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(H) L&C RPT CS(L&C) NEW TITLE 4DP 3NR
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(H) Minutes (HL&C)
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(H) Moved CSHB 100(L&C) Out of Committee
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(H) LABOR & COMMERCE at 03:15 PM BARNES 124
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(H) COSPONSOR(S): GALVIN
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(H) Minutes (HL&C)
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(H) Heard & Held
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(H) LABOR & COMMERCE at 03:15 PM BARNES 124
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(H) COSPONSOR(S): STORY, HANNAN
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(H) Minutes (HL&C)
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(H) Heard & Held
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(H) LABOR & COMMERCE at 02:00 PM ANCH LIO DENALI Rm
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(H) Minutes (HL&C)
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(H) Heard & Held
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(H) LABOR & COMMERCE at 03:15 PM BARNES 124
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(H) COSPONSOR(S): FIELDS
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(H) Minutes (HL&C)
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(H) <Bill Hearing Canceled>
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(H) LABOR & COMMERCE at 03:15 PM BARNES 124
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(H) -- MEETING CANCELED --
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(H) LABOR & COMMERCE at 03:15 PM BARNES 124
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(H) COSPONSOR(S): SCHRAGE
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(H) L&C, EDC
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(H) READ THE FIRST TIME - REFERRALS
Sponsors
- Rebecca Himschoot · Cosponsor
- Alyse Galvin · Cosponsor
- Sara Hannan · Cosponsor
- Andi Story · Cosponsor
- Zack Fields · Cosponsor
- Calvin Schrage · Cosponsor
- Armstrong · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 6 co-sponsors · 58 not signed on
Sponsors (1)
- Armstrong
Co-sponsors (6)
Not signed on (58)
58 members have not signed on to this bill.
Show all 58 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Subjects
Frequently asked questions
- Who sponsors HB 100?
- HB 100 is sponsored by Rebecca Himschoot (N), Alyse Galvin (N), Sara Hannan (D), Andi Story (D), Zack Fields (D), Calvin Schrage (N), and Armstrong.
- What is the current status of HB 100?
- This bill died with 33rd Legislature (2023-2024). It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track HB 100?
- Track HB 100 free on One Click Politics — get push/email alerts when it moves.
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