Kan. Admin. Regs. § 1-9-7b - Military leave; voluntary or involuntary service with reserve component of the armed forces
(a)
(1) Each employee in a classified or
unclassified position that is eligible for benefits who is a member of a
reserve component of the military service of the United States shall be granted
a maximum of 30 working days of military leave with pay for required military
duty within each 12-month period beginning October 1 and ending September 30 of
the following year.
(2) For the
purpose of this regulation, "required military duty" shall mean any period of
active duty, inactive duty, or full-time national guard duty, or any other
appropriate duty status as determined by the director, that is required of the
employee.
(b) Required
military duty in excess of 30 working days within the 12-month period specified
in subsection (a) shall be charged to military leave without pay or, at the
employee's request, to appropriate accrued leave.
(c) Each request for military leave shall be
submitted to the appointing authority with as much notice as possible under the
circumstances of the required military duty. Whenever possible, an appropriate
military order or duty document shall be received by the appointing authority
before military leave is authorized.
(d) Each employee in a classified or
unclassified position that is eligible for benefits shall be granted military
leave without pay or, at the employee's request, appropriate accrued leave for
the purpose of induction, entrance, or examination for entrance into a reserve
component. Notice to the appointing authority shall be provided as prescribed
by the appointing authority. Upon completion of the induction, entrance, or
examination, the employee shall return to state employment as prescribed in
subsection (f).
(e) Upon release
from a period of service under subsection (a), (b), or (d) or upon discharge
from hospitalization for or convalescence from an illness or injury incurred in
or aggravated during the service, each employee shall be permitted to return to
one of the following positions:
(1) The
position in which the employee would have been employed if the employee had not
been absent; or
(2) a position with
status and pay similar to the status and pay that the employee would have had
if the employee had not been absent for those purposes. If the employee is not
qualified to perform the duties of the position by reason of disability
sustained while absent in accordance with this regulation but is qualified to
perform the duties of any other position, the employee shall be offered
employment in a position comparable to the former position, in status and
pay.
(f)
(1) Except as provided in paragraph (f)(2),
when returning from periods of required military duty or upon completion of the
induction, entrance, or examination for entrance into a reserve component, the
employee shall report for work as follows:
| Period of Absence (in consecutive days) | Return to Work Following Release From a Period of Service |
| 1-30 | First full, regularly scheduled day after release |
| 31-180 | Within 14 days of release |
| 181+ | Within 90 days of release |
(2)
The time periods specified in paragraph (f)(1) may be extended to no more than
two years from the date of release from a period of service to accommodate a
period of hospitalization or convalescence resulting from a service-connected
injury or illness. To the extent practicable, the employee shall inform the
appointing authority of any change in the date on which the employee is
anticipated to return to work. The appointing authority may request
documentation from the employee's commanding officer or the employee's licensed
health or mental health care provider of the date on which the employee is
released from a period of service and of the reasons the employee will not be
able to return to work following the employee's release from a period of
service.
(g) Military
leave shall be counted as part of the employee's length of service as
prescribed in
K.A.R.
1-2-46. Sick leave, vacation leave, and
holiday credit shall not be earned or accrued during a period of required
military duty when military leave without pay has been granted.
(h) For purposes of this regulation, each
reference to the military reserve of the United States shall be considered to
include members of the national guard.
Notes
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