10 Key Questions About Leave Laws in Alaska

August 20th 2025

Understanding leave provisions under Alaska labor laws is essential for compliance and protecting both employer and employee rights. Employers in Alaska must follow a combination of federal and state-specific leave laws to provide employees time off for family, medical, civic, and personal reasons.

This article addresses ten key questions about leave laws in Alaska, covering topics like leave entitlement, eligibility, and accrual for FMLA, paid sick leave, jury duty, and voting leave.

This Guide Covers

1. What are the leave laws in Alaska?

Alaska adheres to three primary leave laws that give employees time off for personal, family, and medical needs.

These include the federal Family and Medical Leave Act (FMLA) and state-level Alaska Family Leave Act (AFLA). FMLA provides eligible employees with unpaid, job-protected leave for qualifying family and medical reasons, while AFLA offers public employees more generous leave benefits with easier eligibility requirements for qualifying family and medical reasons similar to the FMLA.

Another key law governing employee leave in Alaska is Ballot Measure 1. Effective July 1, 2025, this law requires all employers in the state to provide employees with paid sick leave, with only certain categories of employees exempt.

Alaska law also entitles employees to leave for jury duty. In addition, state employees in Alaska receive extra paid leave benefits and time off for military training and active duty.

2. What types of leave are employees in Alaska eligible for?

Alaska leave laws offer employees several types of leave, including:

  • Family and Medical Leave Act (FMLA): Under the federal FMLA, covered employers in Alaska must provide up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying family and medical reasons. Eligible employees can take leave for their own or a family member’s serious health condition, childbirth, adoption, or foster care placement, or situations arising due to a covered family member’s active duty. FMLA also offers eligible employees up to 26 weeks of unpaid leave to care for a seriously ill/injured covered service member. To be eligible for FMLA, employees must have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months, and at a location with at least 50 employees within 75 miles.
  • Alaska Family Leave Act (AFLA): Under the AFLA, covered public employers in Alaska must provide up to 18 weeks of job-protected leave within a 12 or 24-month period for qualifying family and medical reasons. Eligible state employees can take this leave for their own or a family member’s serious health condition, childbirth, adoption, or foster care placement, as well as for a serious illness or injury, or certain situations arising from a covered family member’s military duty. To qualify, employees must have worked either at least 35 hours per week for six consecutive months, or at least 17.5 hours per week for 12 consecutive months before taking leave. In addition, their employer must have 21 or more employees within a 50-mile radius for at least 20 consecutive workweeks in the past two calendar years. While AFLA leave is unpaid, Alaska law permits employees to use their accrued paid leave 一 such as sick, personal, or annual leave 一 during this period.
  • Paid Sick Leave: Under Ballot Measure 1, most employers in Alaska must provide one hour of paid sick leave for every 30 hours worked, regardless of the employee’s work schedule. Employees can use this leave for their own injury or illness, to care for a family member, or in certain situations involving domestic violence, sexual assault, or stalking. The amount of sick leave an employee can accrue and use each year depends on employer size. Employees of smaller employers (with fewer than 15 workers) can accrue and use up to 40 hours annually, while those working for larger employers can accrue and use up to 56 hours annually. All paid sick leave must be compensated at the employee’s regular hourly rate of pay.
  • Sick Leave for State Employees: State employees in Alaska accrue sick leave separately at a fixed rate of 4.69 hours per pay period (about 15 days per year), regardless of years of service. This leave can be used for medical reasons, such as illness, injury, medical/dental appointments, surgery, pregnancy, childbirth, or adoption, and to care for an immediate family member. State employees can also use up to five days of sick leave following the death of an immediate family member.
  • Military Leave: Under the federal USERRA, servicemembers in Alaska called to active duty are entitled to job-protected leave and must be reinstated with the same seniority, status, and pay upon return. State employees in Alaska, who are members of the U.S. Armed Forces reserves or auxiliaries, receive up to 16.5 days of paid leave per year for training duty, with additional time off covered by personal/annual leave or leave without pay. State employees are also granted up to three days of paid leave for military physical exams. If called to active duty by the governor, employees receive five days of paid leave, after which they may use other leave options. Upon return, state employees are reinstated to their former position.
  • Jury Duty Leave: Alaska law allows employees to take time off to serve jury duty. Employers cannot fire or demote them. Though not required by law, some employers may continue to pay employees during this period.
  • Court Leave: Full-time state employees in Alaska — whether permanent, nonpermanent, or temporary — are entitled to court leave with pay when called to serve as a juror or subpoenaed as a witness. However, any compensation they receive (or are entitled to receive) for jury or witness service is deducted from their state pay for that period.
  • Personal Leave: In Alaska, state officers and employees accrue personal leave with pay based on their length of service and hiring date. Employees become eligible to use personal leave after 30 days of continuous employment. Personal leave taken for vacation or other reasons needs supervisory approval. Whereas, if an employee needs personal leave for certain medical reasons, it must be granted. Employees must use at least 10 days of personal leave each year, or unused days from this minimum requirement may be forfeited, unless the employee was denied the opportunity to take them.
  • Annual Leave: In Alaska, state employees accrue annual leave each semi-monthly pay cycle at rates determined by their collective bargaining agreements and the employee’s years of service. Employees can take this leave with supervisor approval at any time the business allows.

Explore Alaska leave laws in detail.

3. How long is a leave of absence in Alaska?

The length of leave depends on the type of leave provided under federal and Alaska leave laws:

  • FMLA Leave: Up to 12 weeks of unpaid, job-protected leave in a 12-month period for family and medical reasons, and up to 26 weeks of unpaid leave in a 12-month period to care for a seriously ill or injured covered servicemember.
  • AFLA Leave: Up to 18 weeks of job-protected leave in a 12- or 24-month period. Employees may use their accrued paid leave during this time.
  • Paid Sick Leave: Accrued at one hour per 30 hours worked, up to 40 hours annually for employees working with smaller employers (fewer than 15 employees) and at 56 hours annually for those working with larger employers (15 or more employees).
  • Sick Leave for State Employees: State employees accrue 15 days of sick leave annually.
  • Military Leave: For the duration of training or active duty. State employees receive 16.5 paid days for training, three paid days for physical exams, and five paid days for active duty.
  • Jury Duty Leave: Unpaid, job-protected leave for the full duration of jury service.
  • Court Leave: State employees receive paid leave for the time spent serving as a juror or witness.
  • Personal Leave: Public employees accrue 21-36 paid days annually, based on length of service and hire date.
  • Annual Leave: State employees accrue 15-30 days of paid leave each year, depending on years of service.

4. Are part-time employees entitled to leave in Alaska?

Yes. In Alaska, eligible part-time employees are entitled to family leave on a pro-rated basis under the FMLA and AFLA. For example, a part-time employee working 30 hours per week is entitled to up to 360 hours of FMLA leave (30 hours x 12 workweeks) in a 12-month period and up to 540 hours of AFLA leave (30 hours x 18 workweeks) in a 24-month period.

Under Ballot Measure 1, part-time employees in Alaska can accrue one hour of paid sick leave for every 30 hours worked. Employees can accrue and use up to 40 or 56 hours of leave per year, depending on employer size.

Part-time state employees in Alaska are also entitled to personal, annual, and sick leave on a pro-rated basis, depending on hours worked. Personal and annual leave accruals also depend on a part-time employee’s years of service. However, the amount of leave used in a week cannot exceed the employee’s regular weekly hours.

Learn more about your rights as an hourly employee in Alaska.

5. Do employees get paid while on leave in Alaska?

In Alaska, whether employees get paid while on leave depends on the type of leave.
FMLA and AFLA provide unpaid, job-protected leave, though employees may use their accrued paid leave during this period. Most employees also receive their regular wages during paid sick leave under Ballot Measure 1.

State employees in Alaska get additional paid leave benefits, including up to 16.5 days per year for military training, three days for military physical exams, and five days if called to active duty by the governor. They also receive paid court leave when serving as jurors or witnesses, though any jury or witness compensation is deducted from their state pay.

State employees also get paid personal and annual leave, based on years of service, and sick leave, all of which can be used as needed.

Understand your rights as a salaried employee in Alaska.

6. What happens to employee benefits while they’re on leave in Alaska?

In Alaska, employee benefits during leave depend on the type of leave taken.

Under the FMLA, employers must maintain group health insurance coverage on the same terms as if the employee were actively working, though employees are required to pay their share of premiums. There is no similar requirement when an employee is on AFLA leave.

However, upon return from FMLA or AFLA leave, most employees must be reinstated with the same pay, benefits, and employment terms. Employees will also not lose any employment benefits that they had accrued before the leave began.

7. Can unused leave be carried over to the next year in Alaska?

Yes. Employees in Alaska can carry over their unused paid sick leave into the next year without any limit. However, its accrual and usage are capped at 40 or 56 hours per year, depending on employer size.

Additionally, state employees in Alaska accrue 21-36 personal leave days in a year, depending on years of service and joining date. At the end of the year, any unused personal leave, after accounting for mandatory usage, can be carried over to the next year. The maximum amount of leave a state employee can carry over is set by state law and any applicable collective bargaining contracts.

8. Can employees be fired while on leave in Alaska?

Yes. In Alaska, employees can be fired while on leave, as the state follows an “at-will” employment doctrine. This means an employer can terminate an employee at any time, with or without cause.

However, there are important exceptions to this rule. For example, an employee cannot be fired in retaliation for taking leave under federal or Alaska leave laws, such as:

  • Family leave under FMLA and AFLA
  • Jury duty leave
  • Military leave

Here, it is important to note that an employee can still be fired while on leave for a non-discriminatory reason, unrelated to taking the leave, such as misconduct.

9. Can employees quit their jobs while on leave in Alaska?

Yes, employees can quit their jobs while on leave in Alaska. The employment relationship in Alaska is generally “at-will,” which means that an employee can resign at any time, for any reason or no reason at all, as long as it is not prohibited under federal labor laws, Alaska laws, or the employee’s contract.

However, quitting while on leave could have implications for employee benefits. For example, if an employee resigns while on FMLA leave, their employer may require them to pay back health insurance premiums they paid during the leave.

10. What can you do if your leave rights get violated in Alaska?

Employees in Alaska can file a complaint with the concerned government agency or the court for violations of leave laws.

For family leave violations under FMLA, employees can file a complaint with the U.S. Department of Labor. Employees can also file a workplace complaint with the Alaska Department of Labor to report AFLA violations.

Important Cautionary Note

This content is provided for informational purposes only. While we make every effort to ensure the accuracy of the information presented, we cannot guarantee that it is free of errors or omissions. Users are advised to independently verify any critical information and should not solely rely on the content provided.