Chapter 3.30
EMPLOYEE BENEFITS

Sections:

3.30.010    Holidays.

3.30.020    Floating holidays.

3.30.030    Paid time off benefits.

3.30.040    Unexpected absences.

3.30.050    Disability leave.

3.30.060    Family leave.

3.30.070    Jury duty and witness leave.

3.30.080    Bereavement leave.

3.30.090    Leave for volunteer services.

3.30.100    Leave without pay.

3.30.110    Military leaves of absence.

3.30.120    Leave cancellation.

3.30.130    Health benefits.

3.30.140    Deductions.

3.30.150    Retirement.

3.30.160    Repealed.

3.30.010 Holidays.

(a)    The following are paid borough holidays:

New Year’s Day, January 1st;

President’s Day, third Monday of February;

Memorial Day, last Monday of May;

Independence Day, July 4th;

Labor Day, first Monday of September;

Alaska Day, October 18th;

Veterans’ Day, November 11th;

Thanksgiving Day, fourth Thursday of November;

Christmas Day, December 25th.

(b)    When a borough holiday falls on a Saturday, the preceding Friday shall be declared a holiday. When a borough holiday falls on a Sunday, the following Monday shall be declared a holiday.

(c)    In addition to the holidays provided for in subsections (a) and (b) of this section, the borough will also recognize as a paid holiday any other day designated as a borough holiday by ordinance.

(d)    Regular full-time employees who do not work on a holiday shall receive eight hours of holiday pay at their regular rate of pay, provided they were compensated for the last scheduled workday before and the first scheduled workday after the holiday. Regular part-time employees who do not work on a holiday shall receive prorated holiday pay provided they were compensated for the last scheduled workday before and the first scheduled workday after the holiday. The borough manager shall prorate holiday pay for regular part-time employees in direct proportion to the number of hours worked as a part-time employee. Temporary employees do not receive holiday pay. Employees who are on suspension without pay or leave without pay are not entitled to receive holiday pay.

(e)    Nonexempt employees who are required to work on a holiday shall be paid at the rate of one and one-half (1-1/2) times the employee’s regular rate of pay. Nonexempt employees who work on a holiday shall also receive the holiday pay they would have been paid under subsection (a) of this section. Temporary employees who work on a holiday shall be paid for all hours actually worked at their regular rate of pay. An unexcused absence from scheduled work on a holiday will result in loss of holiday pay for the holiday.

(f)    If a holiday falls during the time a full-time or part-time employee is using paid time off (PTO), the employee shall be paid for the holiday and the holiday absence shall not be charged against the employee’s accumulated PTO benefits.

(g)    If a holiday falls during a period the employee is on approved PTO, the employee shall receive holiday pay and the absence shall not be charged against the employee’s accumulated PTO. [Ord. No. 1364, §1, 8-1-05; Ord. No. 956B, §1, 5-1-95. Code 1974 §30.60.005.]

3.30.020 Floating holidays.

(a)    In addition to the holidays granted in KGBC 3.30.010, all regular employees who have completed the probationary period of employment shall receive one (1) floating holiday to be taken at a time approved by the employee’s department head in writing.

(b)    All regular full-time employees who have completed twelve (12) months of employment shall receive one (1) floating holiday at their first year anniversary, for a total of two (2) floating holidays for the first year; and two (2) floating holidays on the employee’s subsequent anniversary date each year of employment. These holidays are to be taken at a time approved by the employee’s department head in writing.

(c)    Floating holidays shall be scheduled by the employee’s department head based upon staffing and workload requirements. Employees may request in writing that their floating holidays be scheduled at a particular time and the department head may give consideration to such requests as are consistent with the department’s workload and staffing requirements. An employee’s department head may change previously approved floating holiday schedules whenever necessary to meet the needs of the department.

(d)    Any floating holidays not taken by the employee within twelve (12) months of receipt shall be converted to paid time off (PTO).

(e)    Employees who are on suspension without pay are not entitled to take a floating holiday during such suspension. [Ord. No. 1613, §1, 1-3-12; Ord. No. 956B, §1, 5-1-95. Code 1974 §30.60.010.]

3.30.030 Paid time off benefits.

(a)    Paid time off (PTO) benefits are hours credited per pay period to employees based on years of service to be used to continue pay when away from work for vacation, sickness, immediate family illness or emergency, and/or doctor and dentist appointments.

(b)    Regular full-time or part-time employees, subject to the limitations of the KGB Code, shall accrue from the date of hire as probationary employees PTO benefits according to the following schedule:

Years of Continuous Service

PTO Accrued Per Year

1st and 2nd year

22 days (176 hours)

3rd, 4th and 5th years

28 days (224 hours)

6th through 10th years

31 days (248 hours)

11th through 15th years

34 days (272 hours)

16th year and over

36 days (288 hours)

(c)    PTO may be taken during an initial probationary period only for the purpose of sickness or immediate family emergency, provided the employee has accrued such time.

(d)    PTO shall be the amount which the employee would have earned had the employee worked during the time off at the employee’s current regular rate of pay. Part-time employees shall receive prorated PTO benefits. Temporary employees do not earn PTO benefits.

(e)    Except for illness or an emergency, a PTO request must be submitted in advance in writing and approved by the employee’s supervisor or department director. PTO will, so far as possible, consistent with operational requirements of the borough, be granted at times most desired by the employee. An employee’s department head may change or cancel previously approved PTO whenever necessary to meet the operating needs of the department. Reimbursements for nonrefundable tickets purchased for PTO that has been canceled shall be made.

(f)    PTO shall be payable on the first day of a bona fide illness or disability of the employee or of the employee’s immediate family residing in his or her household. The employee shall be required to notify the borough as soon as possible prior to the beginning of the employee’s shift. Failure to do so may result in the loss of pay for that day and disciplinary action.

(g)    The borough may require reasonable proof (such as a doctor’s certificate) of illness or disability if more than two (2) days are used, or when fraud is suspected. Abuse of PTO shall be grounds for discipline except that blatant abuse may subject an employee to discharge.

(h)    An employee shall be allowed to use PTO for medical or dental appointments. The employee must notify his or her supervisor as far in advance as possible, but in any event not less than three (3) working days, except in an urgent situation.

(i)    An employee may not accumulate more than seven hundred twenty (720) hours of accrued PTO credits as of the end of any calendar year without written approval of the borough manager. Employees who have accrued more than seven hundred twenty (720) hours shall be paid for unused PTO at the rate of one hundred (100) percent of the value of the PTO in excess of the seven hundred twenty (720) hours, provided a minimum of eighty (80) hours are taken as vacation during that calendar year. If less than eighty (80) hours are taken, sufficient hours shall be deducted without compensation to total the eighty (80) hours, prior to any payment for PTO in excess of seven hundred twenty (720) hours.

(j)    After the completion of an employee’s probationary period, an employee shall be paid upon termination for one hundred (100) percent of the value for all PTO accrued (up to the maximum) but not used. Employees will not be paid for accrued PTO if terminated during the probationary period.

(k)    Employees may, at their sole discretion and with the approval of the borough manager or his designee, volunteer to transfer PTO to another borough employee. All transfers of such time must be in writing, signed by the employee wishing to make the transfer, and presented to the manager’s office. All transferred hours will be computed as a cash value transfer in such a way as to be revenue neutral to the borough.

(l)    An employee who is entitled to receive compensation benefits under the Alaska Workers’ Compensation Act or other similar legislation shall continue to earn PTO benefits, and the borough shall continue to pay its portion of such employee’s group medical and life insurance premiums during the period the employee is unable to return to work, until his or her accrued PTO benefits are exhausted. If, at the exhaustion of such benefits, the employee is still unable to return to work, the employee shall cease to earn the PTO benefits, and the borough will not continue to pay its portion of the employee’s group medical and life insurance premiums; provided, however, that the employee, at his or her sole option, may elect to continue such insurance coverage at the employee’s cost as provided under the terms of such insurance policies and any applicable state or federal laws. An employee who is injured on the job and eligible for said benefits shall suffer no loss of pay for the day of injury, and shall be entitled to use PTO benefits for the difference between the worker’s compensation benefit and the employee’s regular pay. Except as specifically provided in this section, PTO benefits may not be used for any absences when the employee is entitled to receive compensation benefits under the Alaska Worker’s Compensation Act or similar legislation. [Ord. No. 1559, §1, 5-17-10; Ord. No. 1364, §2, 8-1-05; Ord. No. 1228, §1, 9-3-02; Ord. No. 1066, §3, 7-6-98. Code 1974 §30.60.016.]

3.30.040 Unexpected absences.

In case of emergencies or situations requiring unexpected absence or tardiness, the borough manager or department head shall be notified as soon as possible to minimize problems created by employee’s absence. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.60.021.]

3.30.050 Disability leave.

Employees may use PTO and be granted leave without pay for actual periods of temporary disability of employees and recovery therefrom. The stage at which leave should be allowed, and the period for recovery, shall be determined based upon the recommendation of the employee’s physician. [Ord. No. 1364, §3, 8-1-05; Ord. No. 956B, §1, 5-1-95. Code 1974 §30.60.022.]

3.30.060 Family leave.

(a)    In addition to the provisions of KGBC 3.30.030, eligible employees may be granted family leave as provided in AS 39.20.500 through 39.20.550.

(b)    Family leave not otherwise covered by this policy shall be provided in accordance with state and/or federal law. [Ord. No. 1364, §4, 8-1-05; Ord. No. 1056, §5, 1-5-98; Ord. No. 956B, §1, 5-1-95. Code 1974 §30.60.023.]

3.30.070 Jury duty and witness leave.

Employees who are called to serve jury duty, or who are subpoenaed to testify in court on a matter related to their employment or volunteer activities on behalf of the borough or subpoenaed to serve as a witness for the federal government, the state of Alaska or a political subdivision thereof, shall be compensated by the borough for the difference between their jury duty or witness pay and their normal straight-time pay. If the employee is temporarily or permanently excused from jury or witness duty, the employee shall promptly return to work. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.60.025.]

3.30.080 Bereavement leave.

Up to five (5) days for funeral leave (up to ten (10) days if the funeral is outside of southeastern Alaska) may be allowed for a death in a regular employee’s immediate family, to be charged to accumulated PTO, and with prior approval of the borough manager. [Ord. No. 1364, §5, 8-1-05; Ord. No. 956B, §1, 5-1-95. Code 1974 §30.60.026.]

3.30.090 Leave for volunteer services.

Employees who are members of volunteer fire departments or search and rescue operations may be allowed to respond to emergency situations without loss of pay at the supervisor’s discretion. Such leave may be granted only if the employee’s absence does not impair borough operations and is to be limited to the duration as necessary to respond to the emergency with the employee returning to work as soon as the emergency situation has been brought under control and the volunteer’s presence is not required. [Ord. No. 1038, §1, 7-7-97. Code 1974 §30.60.027.]

3.30.100 Leave without pay.

(a)    Leave without pay may be granted by the borough manager in order to allow a regular employee to take time off from work without pay for personal or family reasons or to take time off beyond the medically certified period of temporary disability. The foregoing reasons for granting a leave without pay shall not be considered all inclusive and the borough manager shall have the discretion to grant leave without pay for other reasons so long as any leave without pay that is granted is consistent with the best interests of the borough. Only regular full or part-time employees may be granted leave without pay.

(b)    Leave without pay must be requested by the employee in writing as soon as the need for such leave is known. All written requests shall state the reasons the leave is being requested and the amount of leave time requested. Written requests shall be submitted to the employee’s department head, who shall review and refer the written request to the borough manager, with the department head’s recommendation as to approval. A written reply granting or denying the request shall be given by the borough manager within thirty (30) days except in case of an emergency.

(c)    Leave without pay may be granted for any period not to exceed one hundred twenty (120) calendar days without loss of accrued benefits. Leave without pay may be extended by the borough manager for an additional period so long as the request for the extension is made in writing and the extension is in the best interests of the borough.

(d)    Failure of an employee to return from any leave without pay on or before the designated date without prior notice may be considered cause for termination and the denial of reemployment with the borough.

(e)    Holiday pay and PTO are not earned while an employee is on extended leave without pay. The borough will not continue to pay its portion of the employee’s group medical and life insurance premiums while the employee is on a leave without pay for fourteen (14) or more calendar days. The employee, at his or her option, may elect to continue such insurance coverage as provided under the terms of such insurance policies at their expense. If the employee has elected not to continue insurance coverage and returns to employment, that employee has to reapply to determine insurability.

(f)    Employees who are placed on leave without pay status for medical or disability reasons must use all accrued PTO prior to commencing the leave without pay. Any employee returning from leave without pay due to medical or disability reasons shall be required to provide a written release to return to work from a qualified health care provider whenever requested by the employee’s immediate supervisor or department head. [Ord. No. 1364, §6, 8-1-05; Ord. No. 956B, §1, 5-1-95. Code 1974 §30.60.028.]

3.30.110 Military leaves of absence.

Leave required in order for an employee to maintain status in the National Guard or a military reserve of the United States shall be granted without pay and without loss of benefits accrued to the date such leave commences. Regular full-time employees on such leave shall be compensated by the borough for the difference between their military pay and their regular pay up to a maximum of two (2) weeks. A copy of the order issued by the appropriate authority for military training shall accompany requests for special military leave. Upon return to duty, the employee shall furnish the borough evidence of the amount of National Guard or reserve pay received during the period of special military leave. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.60.029.]

3.30.120 Leave cancellation.

All leaves of absence shall be subject to cancellation by the department head at any time upon written notice to the employee and the borough manager specifying a reasonable date of termination of leave. The borough manager, upon prior notice to the employee and the department head, may cancel an approved leave of absence at any time the borough manager determines that the employee is using the leave for purposes other than those specified at the time of approval. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.60.030.]

3.30.130 Health benefits.

The borough will provide regular full-time employees with a life, medical, dental, vision and hospitalization insurance plan as approved by the assembly by resolution. [Ord. No. 1056, §6, 1-5-98; Ord. No. 956B, §1, 5-1-95. Code 1974 §30.60.031.]

3.30.140 Deductions.

Deductions shall be made from employee paychecks in accordance with federal and state law, borough code and resolutions, court orders and collective bargaining agreements. Compensation may be withheld in accordance with a recognized deferred compensation plan or credit union upon written request of the employee and approval by the borough manager. [Ord. No. 956B, §1, 5-1-95. Code 1974 §30.60.032.]

3.30.150 Retirement.

All regular full-time employees shall be included, as appropriate, under the borough’s participation in the Alaska Public Employees Retirement System (PERS). [Ord. No. 1364, §7, 8-1-05; Ord. No. 1219, §1, 6-17-02; Ord. No. 956B, §1, 5-1-95. Code 1974 §30.60.035.]

3.30.160 Re-employment of PERS retirees.

Repealed by Ord. 1807. [Ord. No. 1364, §8, 8-1-05. Code 1974 §30.60.040.]