Kan. Admin. Regs. § 1-9-22 - Job injury leave
(a) Each classified or unclassified employee
who sustains a qualifying job injury, as determined by the employee's
appointing authority, shall be eligible for job injury leave in accordance with
this regulation.
(b) "Qualifying
job injury" shall mean an injury that meets the following conditions:
(1) Renders the employee unable to perform
the employee's regular job duties;
(2) arose out of and in the course of
employment with the state; and
(3)
(A)Was sustained as a result of a shooting,
stabbing, or aggravated battery as defined in
K.S.A. 21-5413 and amendments thereto, by another
against the employee;
(B) was
sustained as a result of a confrontation with a patient or client in a facility
or ward for mental health, intellectual disability, or developmental disability
in which the patient or client inflicts great bodily harm, causes
disfigurement, or causes bodily harm with a deadly weapon or in any manner by
which great bodily harm, disfigurement, dismemberment, or death can be
inflicted; or
(C) was sustained in
any other situation in which the appointing authority determines that job
injury leave is in the best interest of the state.
(c) Job injury leave shall not
exceed six total months away from work. While an employee is on approved job
injury leave, the employing state agency shall continue to pay the employee's
regular compensation. If the employee is awarded worker's compensation, the
state agency shall pay the employee compensation in an amount that, together
with worker's compensation pay, equals the regular pay of the employee. The
employee shall not be required to use accrued sick leave or vacation leave. The
employee shall continue to accrue sick and vacation leave as long as the
employee remains in pay status. Nothing in this regulation shall be construed
as providing voluntary or gratuitous compensation payments in addition to
temporary total disability compensation payments pursuant to the worker's
compensation laws.
(d) The
appointing authority may require an employee on approved job injury leave to
return to full or limited duty if the employee is physically able to perform
the duty as determined by a physician selected by the appointing authority or
selected by a representative of the state self-insurance fund. However, limited
duty allowed shall not, in combination with time away from work on job injury
leave, exceed the total six months allowed for job injury leave. If the
employee remains unable to return to full duty, the appointing authority shall
take any action deemed to be in the best interest of the state.
(e) While an employee is on approved job
injury leave, the appointing authority may require the employee to be examined
by a physician selected by the appointing authority to determine the capability
of the employee to return to full or limited duty.
(f) Each employee on approved job injury
leave shall be prohibited from being gainfully employed by any other
employer.
(g) The requirements of
this regulation may be waived or modified by the director upon written request
of the appointing authority. Any waiver or modification may be granted only
upon a finding by the director that both of the following conditions are met:
(1) Granting the requested waiver or
modification would not be in conflict with any statutes pertaining to
leave.
(2) Failure to grant the
requested waiver or modification would create a manifest injustice or undue
hardship on the employee requesting the job injury leave.
Notes
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