Davis CaesarDoes Alaska require employers to provide paid sick leave? As of July 1, 2025, yes. Alaska voters approved Ballot Measure 1 in November 2024, which established mandatory paid leave accrual for employees statewide — ending a long period during which Alaska had no such requirement. Here are the essential questions and answers every Alaska worker and employer needs to understand.
Does Alaska Require Paid Sick Leave?
Yes, effective July 1, 2025. Ballot Measure 1 created a mandatory paid leave law under AS 23.10.080. Employers with 15 or more employees must provide workers with up to 56 hours (7 days) of paid leave per year. Employers with fewer than 15 employees must provide at least 40 hours (5 days) annually.
The law covers paid leave that can be used for illness, family care, and situations related to domestic violence or sexual assault — it is not limited to medical conditions. Alaska's paid leave law is structured as an accrued benefit, not a lump-sum grant at the start of the year.
Source: Alaska Ballot Measure 1 (2024); AS § 23.10.080; Alaska DOLWD, 2026.
How Does Paid Leave Accrue in Alaska?
Leave accrues at the rate of 1 hour for every 30 hours worked, beginning on the employee's first day of employment. Employers may allow employees to use leave before the accrual is sufficient (an "advance"), but they are not required to do so.
The annual cap — 56 hours for large employers, 40 hours for small — is the maximum amount that may accrue in a calendar year. Once an employee hits the cap, additional accrual stops until the next year begins. There is no minimum tenure requirement before employees can start accruing leave. A worker who starts on their first day begins accumulating leave immediately.
Example: A part-time employee working 20 hours per week will accrue approximately 1 hour of paid leave every 1.5 weeks, reaching the 40-hour small employer cap after roughly 60 weeks.
Who Qualifies as a "Family Member" Under Alaska's Sick Leave Law?
Leave may be used for the care of a covered family member. Alaska's law defines "family member" broadly to include:
- The employee's child (biological, adopted, foster, or a child for whom the employee is a legal guardian)
- The employee's spouse or domestic partner
- A parent of the employee or their spouse/domestic partner
- A sibling, grandparent, or grandchild
- Any individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship
The final category is intentionally broad and recognizes that family structures in Alaska — including Alaska Native extended family systems — do not always follow a narrow legal definition.
Can an Employer Require Documentation Before Granting Sick Leave?
Yes, but only for absences lasting more than three consecutive days. For a single day or two-day absence, the employer cannot require a doctor's note or other documentation. For absences extending beyond three consecutive workdays, the employer may request reasonable documentation of the reason for the leave.
"Reasonable documentation" does not mean a hospital admission record. A note from a healthcare provider confirming that leave was appropriate, or a police report in a domestic violence context, satisfies the standard. Employers cannot deny leave based on a refusal to produce documentation for short absences.
Does Unused Sick Leave Carry Over to the Next Year?
Yes, up to the annual cap. Unused leave rolls over to the following calendar year, but the total carried balance may not exceed the annual cap — 56 hours for large employers, 40 for small. If an employee accrues 56 hours and uses only 10, 46 hours roll over. But additional accrual in the new year is capped at the point where the total would exceed 56.
Employers are not required to pay out unused sick leave upon separation from employment. Unlike some states where PTO or vacation payout on separation is mandatory, Alaska's sick leave law does not treat accrued sick leave as a wage that must be paid out when the employment ends.
Can an Employer Retaliate Against an Employee for Using Sick Leave?
No. Retaliation for using accrued sick leave is a violation of AS § 23.10.080. Prohibited retaliation includes termination, demotion, reduction in hours, negative performance reviews, or any adverse action taken because an employee used or requested leave to which they were entitled.
Employees who experience retaliation should file a complaint with the DOLWD Division of Labor Standards and Safety. The same two-year statute of limitations that applies to wage claims (AS § 09.10.070) governs retaliation complaints under the sick leave law.
Are Any Employers Exempt from Alaska's Sick Leave Law?
The law covers most private employers in Alaska. However, the following may fall outside its scope:
- Federal employees — governed by federal leave statutes (FMLA, Title 5), not state law
- Tribal employers on federal tribal lands — may have sovereign immunity defenses, though the DOLWD's jurisdiction in these cases is contested
- Independent contractors — workers properly classified as independent contractors do not have sick leave rights under the statute; misclassified contractors who are actually employees do
Employers unsure whether they cross the 15-employee threshold should count all employees, including part-time, temporary, and seasonal workers employed during the work year. The Alaska Labor Law dossier provides broader context for all Alaska employment obligations in 2026.
Legal notice: This article provides general legal information and does not constitute legal advice. Alaska's sick leave law took effect in 2025 and interpretive guidance from the DOLWD may evolve. Consult a licensed Alaska employment attorney for advice about your specific situation.
