Alaska Paid Sick Leave Laws: Your Entitlements

Alaska Statute 23.07.013 establishes a paid sick leave requirement that is more employee-protective than federal baseline (which provides none). Alaska requires employers with 15 or more employees to provide paid sick leave at a rate of 1 hour per 30 hours worked, with a maximum accrual of 40 hours per calendar year. Employees must be permitted to accrue paid sick leave from the first day of employment, though employers may impose a reasonable waiting period not to exceed 90 days before an employee may use accrued leave.

Unlike many states, Alaska does not permit employers to front-load sick leave or require employees to use it only after a probationary period. Accrued paid sick leave must carry forward into the next calendar year, though employers may limit the carryover to 40 hours or compensate employees for unused leave at the end of the year. This is stronger than federal FMLA, which does not require paid leave at all.

Alaska's statute is narrower than some state laws in that it does not cover employers with fewer than 15 employees. However, the usage categories (employee illness, family care, medical appointments, and domestic violence) are broad and consistent with best practices nationwide. Employers cannot require a physician's note for absences of 3 days or fewer unless they have a legitimate business reason. Retaliation against employees who use paid sick leave is prohibited under Alaska Statute 23.07.013(g).

Alaska Statute 23.07.013 contains several important exceptions and limitations. First, employers with fewer than 15 employees are entirely exempt from the paid sick leave requirement. Calculating 'employees' for this threshold includes all employees on the payroll during the calendar year, whether full-time or part-time, but does not include independent contractors or sole proprietors.

Second, employers may limit the use of paid sick leave to purposes enumerated in the statute: (1) diagnosis, care, or treatment of an existing health condition; (2) preventive care; (3) absence due to domestic violence, sexual assault, or stalking; (4) care of a family member with a health condition; and (5) closure of the employee's workplace due to a public health emergency. Employers may ask employees to certify the reason for absence but cannot require additional verification for absences of 3 consecutive days or fewer unless they can demonstrate a legitimate business reason.

Third, paid sick leave is not a separate 'entitlement' category—it accrues only as hours are worked. Salaried employees accrue based on their standard work schedule. Fourth, employers may establish reasonable notice requirements (typically 5–7 days for foreseeable absences), provided they do not undermine the practical ability to use leave. Employers are not required to pay out unused paid sick leave upon termination, though they must allow carryover within the same calendar year up to the 40-hour cap unless compensated earlier.

Step 1: Document all paid sick leave accrual and use meticulously. Keep a detailed record of hours worked each week, accrued paid sick leave balance, dates you requested or used sick leave, the reason provided (or stated in your mind), and the employer's response. Save copies of timesheets, pay stubs showing accrual, emails requesting leave, denial notices, and any communication about sick leave policy. Note the names and titles of supervisors or HR personnel involved and the date and time of key conversations.

Step 2: Attempt an internal complaint process before filing with a government agency. Provide written notice to your employer's HR department or supervisor, describing the violation clearly: for example, 'I accrued 30 hours of paid sick leave in 2024 but was not permitted to use 8 hours in March' or 'I was threatened with discipline after requesting paid sick leave.' Request a written response within 10 business days. This creates a paper trail and gives the employer a chance to correct the error, which can strengthen your claim and demonstrate good faith.

Step 3: File a complaint with the Alaska Department of Labor and Workforce Development, Wage and Hour Section. The state does not have a separate employment agency like EEOC; wage and hour violations are handled by the DOL. Visit www.labor.alaska.gov or call 907-465-2700. File within a reasonable time of the violation (Alaska generally follows a 4-year statute of limitations for wage claims). Include your name, contact information, employer name and address, dates of the violation, a description of the denied or unpaid sick leave, hours affected, and copies of supporting documents. You may also file a wage claim under Alaska Statute 34.07.020 if the employer failed to pay for accrued but unused sick leave.

Step 4: Expect the DOL investigation to take 30–90 days. The DOL will contact your employer for their position, review timesheets and payroll records, and may interview witnesses. You will be asked to provide additional details and documentation. Remain available and respond promptly to agency requests. The DOL will issue a determination; if the employer violated the law, the DOL may order immediate payment of owed sick leave wages, penalties, and interest.

Step 5: Consult an employment attorney if the DOL denies your claim, if the employer retaliates after you file, or if the amount owed exceeds $5,000. Alaska employment attorneys typically work on contingency for wage claims. An attorney can file a civil lawsuit in Alaska Superior Court to recover unpaid wages, penalties under Alaska Statute 23.07.013(g) (which allows for treble damages in retaliation cases), and attorney fees.