101 KAR 2:102 - Classified leave general requirements
RELATES TO: KRS 18A.020, 18A.030, 18A.095, 18A.110, 18A.140, 18A.145, 18A.195, 18A.990, 61.373, 61.394, 118.035, 344.030, 29 C.F.R. 825, 29 U.S.C. 8, 29 U.S.C. 201- 219, 2601 - 2654
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.030(2)(b) requires the Secretary of Personnel to promulgate administrative regulations, consistent with KRS Chapter 18A and federal standards, for the administration of a personnel system. KRS 18A.110(7)(g) requires the secretary, with the approval of the Governor, to promulgate administrative regulations that govern annual leave, sick leave, special leaves of absence, and other conditions of leave. This administrative regulation establishes the leave requirements for classified employees.
Section 1. Annual Leave.
(1) Accrual of annual leave.
(a) Each full-time employee shall accumulate
annual leave at the following rate:
|
Months of Service |
Annual Leave Days |
|
0-59 months |
1 leave day per month; 12 per year |
|
60-119 months |
1 1/4 leave days per month; 15 per year |
|
120-179 months |
1 1/2 leave days per month; 18 per year |
|
180-239 months |
1 3/4 days per month; 21 per year |
|
240 months & over |
2 leave days per month; 24 per year |
(b) A
full-time employee shall have worked, or been on paid leave, other than
educational leave with pay, for 100 or more regular hours per month to accrue
annual leave. This shall not include hours worked in excess of the prescribed
hours of duty.
(c) Accrued leave
shall be credited on the first day of the month following the month in which
the annual leave is earned.
(d) In
computing months of total service for the purpose of earning annual leave, only
the months for which an employee earned annual leave shall be
counted.
(e) A former employee who
has been rehired shall receive credit for months of prior service, unless the
employee had been dismissed for cause or has retired from a position covered by
a state retirement system.
(f) A
part-time employee shall not be entitled to accrue annual leave.
(2) Use and retention of annual
leave.
(a) Annual leave shall be used in
increments of one-quarter (1/4) hours.
(b) Except as provided in paragraph (c) of
this subsection, an employee who makes a timely request for annual leave shall
be granted annual leave by the appointing authority, during the calendar year,
up to at least the amount of time earned that year, if the operating
requirements of the agency permit.
(c) An appointing authority may require an
employee who has a balance of at least 100 hours of compensatory leave to use
compensatory leave before the employee's request to use annual leave is
granted, unless the employee's annual leave balance exceeds the maximum number
of hours that may be carried forward pursuant to this administrative
regulation.
(d) Absence due to
sickness, injury, or disability in excess of the amount available for those
purposes shall, at the request of the employee, be charged against annual
leave.
(e) An employee shall be
able to use annual leave for an absence on a regularly scheduled
workday.
(f) An employee who is
transferred or otherwise moved from the jurisdiction of one (1) agency to
another shall retain accumulated annual leave in the receiving
agency.
(g) An employee who is
eligible for state contributions for life insurance pursuant to KRS Chapter 18A
shall have worked or been on paid leave, other than holiday or educational
leave, during any part of the previous month.
(h) An employee who is eligible for state
contributions for health benefits pursuant to KRS Chapter 18A shall have worked
or been on paid leave, other than holiday or educational leave, during any part
of the previous pay period.
(i)
Annual leave may be carried from one (1) calendar year to the next. If annual
leave is carried from one (1) calendar year to the next, the leave shall be
calculated as established in the following table:
|
Months of Service |
Maximum Amount |
37.5 Hour Week Equivalent |
40 Hour Week Equivalent |
|
0-59 |
30 work-days |
225 hours |
240 hours |
|
60-119 months |
37 work- days |
277.50 hours |
296 hours |
|
120- 179 months |
45 work- days |
337.50 hours |
360 hours |
|
180- 239 months |
52 work- days |
390 hours |
416 hours |
|
240 months and over |
60 work- days |
450 hours |
480 hours |
(j)
Leave in excess of the maximum amounts specified in paragraph (i) of this
subsection shall be converted to sick leave at the end of the calendar year or
upon retirement.
(k) The amount of
annual leave that may be carried forward and the amount of annual leave that
may be converted to sick leave shall be determined by computing months of
service as provided by subsection (1)(d) of this section.
(3) Annual leave on separation.
(a)
1. If an
employee is separated by proper resignation or retirement, or terminated from
initial probation other than for cause, the employee shall be paid in a lump
sum for accumulated annual leave.
2. The accumulated annual leave for which the
employee is paid shall not exceed the amounts established by subsection (2)(i)
of this section.
3. Following
payment of annual leave at resignation, any remaining annual leave after the
payment of the maximum shall:
a. Not be paid
to the employee or converted to sick leave; and
b. Be removed from the balance.
(b) If an employee is
laid off, the employee shall be paid in a lump sum for all accumulated annual
leave.
(c) An employee in the
unclassified service who reverts to the classified service, or an employee who
resigns one (1) day and is employed the next workday, shall retain the
accumulated leave in the receiving agency.
(d) An employee who has been dismissed for
cause shall not be paid for accumulated annual leave.
(e) An appointing authority may withhold
payment of accumulated annual leave for an employee who has failed to give
proper notice of resignation or retirement as described in
101 KAR 2:095 Section 4, or who
has submitted notice of resignation or retirement after receiving an intent to
dismiss letter. Annual leave withheld pursuant to this paragraph shall result
in a determination that the employee resigned not in good standing.
(f) Upon the death of an employee, the
employee's estate shall be entitled to receive pay for the unused portion of
the employee's accumulated annual leave.
(g) An employee may request in writing that
accumulated annual leave not be paid upon resignation, and that all or part of
the amount of accumulated annual leave that does not exceed the amount
established by this section be waived, if:
1.
The employee resigns, or is laid off, because of an approved plan of
privatization of the services performed; and
2. The successor employer has agreed to
credit the employee with an equal amount of annual leave.
Section 2.
Sick Leave.
(1) Accrual of sick leave.
(a) An employee, except a part-time employee,
shall accumulate sick leave with pay at the rate of one (1) working day per
month.
(b) An employee shall have
worked or been on paid leave, other than educational leave, for 100 or more
regular hours in a month to accrue sick leave. This shall not include hours
worked in excess of the prescribed hours of duty.
(c) An employee shall be credited with
additional sick leave upon the first day of the month following the month in
which the sick leave is earned.
(d)
A full-time employee who completes 120 months of total service with the state
shall be credited with ten (10) additional days of sick leave upon the first
day of the month following the completion of 120 months of service.
(e) A full-time employee who completes 240
months of total service with the state shall be credited with another ten (10)
additional days of sick leave upon the first day of the month following the
completion of 240 months of service.
(f) In computing months of total service for
the purpose of crediting sick leave, only the months for which an employee
earned sick leave shall be counted.
(g) A former employee who has been rehired
shall receive credit for months of prior service, and shall be credited with
the unused sick leave balance that existed at the time of the previous
separation, unless the employee had been dismissed for cause or has retired
from a position covered by a state retirement system.
(h) The total service shall be verified by
the Personnel Cabinet before the leave is credited to the employee's
record.
(i) Sick leave may be
accumulated with no maximum.
(2) Use and retention of sick leave.
(a) An appointing authority shall grant or
may require the use of sick leave with or without pay if an employee:
1. Is unable to work due to medical, dental,
or optical examination or treatment;
2. Is disabled by illness or injury. If
requested by the appointing authority, the employee shall provide a statement
from an appropriate medical health professional certifying the employee's
inability to perform the employee's duties for the days or hours sick leave is
requested. Before an employee is permitted to return to work, if requested by
the appointing authority, the employee shall obtain and present a
fitness-for-duty certification from an appropriate medical health care
professional indicating the employee is able to resume work;
3. Is required to care for or transport a
member of the employee's immediate family in need of medical attention for a
reasonable period of time. If requested by the appointing authority, the
employee shall provide a statement from an appropriate medical health
professional certifying the employee's need to care for a family
member;
4. Would jeopardize the
health of the employee or others at the employee's work station because of a
contagious disease or communicable condition. Before an employee is permitted
to return to work, if requested by the appointing authority, the employee shall
obtain and present a fitness-for-duty certification from an appropriate medical
health care professional indicating the employee is able to resume work;
or
5. Demonstrates behavior that
might endanger the employee or others. Before an employee is permitted to
return to work, if requested by the appointing authority, the employee shall
obtain and present a fitness-for-duty certification from an appropriate medical
health care professional indicating the employee is able to resume
work.
(b) At the
termination of sick leave with pay, the appointing authority shall return the
employee to the employee's former position.
(c) An employee eligible for state
contributions for life insurance pursuant to the provisions of KRS Chapter 18A
shall have worked or been on paid leave, other than holiday or education leave,
during any part of the previous month.
(d) An employee who is eligible for state
contributions for health benefits pursuant to the provisions of KRS Chapter 18A
shall have worked or been on paid leave, other than holiday or educational
leave, during any part of the previous pay period.
(e) Sick leave shall be used in increments of
one-quarter (1/4) hours.
(f) An
employee who is transferred or otherwise moved from the jurisdiction of one (1)
agency to another shall retain accumulated sick leave in the receiving
agency.
(g) An employee shall be
credited for accumulated sick leave if separated by proper resignation, layoff,
or retirement.
(3) Sick
leave without pay.
(a) An appointing authority
shall grant sick leave without pay, without a change in the employee's
personnel status, for the duration of an employee's impairment by injury or
illness, if:
1. The leave does not exceed
thirty (30) continuous calendar days; and
2. The employee has used or been paid for all
accumulated annual, sick, and compensatory leave unless the employee has
requested to retain up to ten (10) days of accumulated sick leave.
(b) Within an employee's first
twelve (12) months of employment after initial appointment, an appointing
authority shall grant sick leave without pay to an employee who does not
qualify for family and medical leave due to lack of service time and who has
exhausted all accumulated paid leave if the employee is required to care for a
member of the immediate family, or for the duration of the employee's
impairment by illness or injury, for a period not to exceed thirty (30) working
days in a calendar year.
(4) Sick leave by personnel action.
(a) If the duration of an employee's
impairment by illness or injury exceeds the sick leave without pay allotment of
thirty (30) continuous calendar days, including holidays, the appointing
authority shall place the employee on sick leave without pay by personnel
action.
(b) The appointing
authority shall notify the employee in writing that the employee is being
placed on sick leave by personnel action.
(c) Sick leave by personnel action shall not
exceed one (1) year.
(d) If
requested by the appointing authority, the employee shall provide statements
during the year from an appropriate medical health professional attesting to
the employee's continued inability to perform the essential functions of the
employee's duties with or without reasonable accommodation.
(e) If an employee has given notice of the
employee's ability to resume duties following sick leave by personnel action,
the appointing authority shall return the employee to the original position or
to a position for which the employee is qualified and which resembles the
former position as closely as circumstances permit. The appointing authority
shall notify the employee in writing of the following:
1. The effective date of the employee's
return;
2. The position to which
the employee is being returned;
3.
The employee's salary upon return to work; and
4. The employee's new annual increment date,
if applicable.
(f) If
reasonable accommodation is requested, the employee shall:
1. Inform the employer; and
2. Upon request, provide supportive
documentation from a certified professional.
(g) An employee shall be deemed resigned if
the employee:
1. Has been on one (1) year
continuous sick leave by personnel action;
2. Has been requested by the appointing
authority in writing to return to work at least ten (10) days prior to the
expiration of leave;
3. Is unable
to return to the employee's former position or to a position for which the
employee is qualified and which resembles the former position as closely as
circumstances permit;
4. Has been
given priority consideration by the appointing authority for a vacant, budgeted
position with the same agency, for which the employee is qualified and is
capable of performing its essential functions with or without reasonable
accommodation; and
5. Has not been
placed by the appointing authority in a vacant position.
(h) Sick leave granted pursuant to this
subsection shall not be renewable after the employee has been medically
certified as able to return to work.
(i) An employee with status who is deemed
resigned pursuant to paragraph (g) of this subsection shall retain
reinstatement privileges that were accrued during service in the classified
service.
(5) Application
for sick leave and supporting documentation.
(a) An employee shall file a written
application for sick leave with or without pay within a reasonable
time.
(b) Except for an emergency
illness, an employee shall request advance approval for sick leave for medical,
dental, or optical examinations, and for sick leave without pay.
(c) If the employee is too ill to work, the
employee shall notify the immediate supervisor or other designated person.
Failure, without good cause, to do so in a reasonable period of time shall be
cause for denial of sick leave for the period of absence.
(d) An appointing authority may, for good
cause and on notice, require an employee to supply supporting evidence in order
to receive sick leave.
(e) A
medical certificate may be required, signed by a licensed practitioner and
certifying to the employee's incapacity, examination, or treatment.
(f) An appointing authority shall grant sick
leave if the application is supported by acceptable evidence but may require
confirmation if there is reasonable cause to question the authenticity of the
certificate or its contents.
Section 3. Family and Medical Leave.
(1) An appointing authority shall comply with
the requirements of the Family and Medical Leave Act (FMLA) of 1993,
29 U.S.C.
2601-
2654, and the federal regulations
implementing the Act, 29
C.F.R. Part 825.
(2) An employee in state service shall
qualify for twelve (12) weeks of unpaid family leave if the employee has:
(a) Completed twelve (12) months of service;
and
(b) Worked or been on paid
leave at least 1,250 hours in the twelve (12) months immediately preceding the
first day of family and medical leave.
(3) Family and medical leave shall be awarded
on a calendar year basis.
(4) An
employee shall be entitled to a maximum of twelve (12) weeks of unpaid family
and medical leave for the birth, placement, or adoption of the employee's
child.
(5) While an employee is on
unpaid family and medical leave, the state contribution for health and life
insurance shall be maintained by the employer.
(6) An employee shall use accrued paid leave
concurrently with FMLA leave, except an employee may reserve up to ten (10)
days of accumulated sick leave while on FMLA leave. If an employee reserves
accumulated sick leave, the remaining FMLA leave shall be unpaid. The employee
shall satisfy any procedural requirements of this administrative regulation for
use of accrued paid leave only in connection with the receipt of such
payment.
Section 4.
Court Leave.
(1) With prior notification to
their supervisor, an employee shall be entitled to court leave during the
employee's scheduled working hours without loss of time or pay for the amount
of time necessary to:
(a) Comply with a
subpoena by a court, administrative agency, or body of the federal or state
government or any political subdivision thereof; or
(b) Serve as a juror.
(2) Court leave shall include necessary
travel time.
(3) If relieved from
duty as a juror or released from subpoena during the employee's normal working
hours, the employee shall return to work or use annual or compensatory
leave.
(4) An employee shall not be
required to report as court leave attendance at a proceeding that is part of
the employee's assigned duties.
(5)
An employee shall not be eligible for court leave to comply with a subpoena if
the employee or a member of the employee's family is a party to the
proceeding.
Section 5.
Compensatory Leave and Overtime.
(1) Accrual
of compensatory leave and overtime.
(a) An
appointing authority shall comply with the overtime and compensatory leave
provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. Chapter
8.
(b) An employee who is directed
to work, or who requests and is authorized to work, in excess of the prescribed
hours of duty shall be granted compensatory leave and paid overtime subject to
the provisions of the Fair Labor Standards Act, 29 U.S.C. Chapter 8, the
Kentucky Revised Statutes, and this administrative regulation.
(c) An employee deemed to be "nonexempt" by
the provisions of the FLSA shall be compensated for hours worked in excess of
forty (40) per week as provided by subparagraphs 1 through 3 of this paragraph.
1. An employee who has not accumulated the
maximum amount of compensatory leave shall have the option to accumulate
compensatory leave at the rate of an hour and one-half (1 1/2) for each hour
worked in excess of forty (40) per week in lieu of paid overtime.
2. An employee's election to receive
compensatory leave in lieu of paid overtime shall be in writing on the Overtime
Compensation Form and shall remain in force for a minimum of three (3) months.
The employee's election shall be changed by the submission of a new form. The
effective date of a change shall be the first day of the next work week
following receipt of the election. The employing agency shall not mandate an
employee's election of compensatory leave or paid overtime.
3. An employee who does not elect
compensatory leave in lieu of paid overtime shall be paid one and one-half (1
1/2) times the regular hourly rate of pay for all hours worked in excess of
forty (40) hours per week.
(d) An employee deemed to be "exempt"
pursuant to the provisions of the FLSA shall accumulate compensatory time on an
hour-for-hour basis for hours worked in excess of the regular work
schedule.
(e) Compensatory leave
shall be accumulated or used in increments of one-quarter (1/4)
hours.
(f) The maximum amount of
compensatory leave that may be carried forward from one (1) pay period to
another shall be:
1. 239.99 hours by an
employee in a nonpolicy-making position; or
2. 240 hours by an employee in a
policy-making position.
(g) An employee who is transferred or
otherwise moved from the jurisdiction of one (1) agency to another shall retain
the compensatory leave in the receiving agency.
(2) Reductions in compensatory leave
balances.
(a) An appointing authority may
require an employee who has accrued at least 100 hours compensatory leave to
use compensatory leave before annual leave and shall otherwise allow the use of
compensatory leave if it will not unduly disrupt the operations of the
agency.
(b) An appointing authority
may require an employee who has accrued 200 hours of compensatory leave to take
off work using compensatory leave in an amount sufficient to reduce the
compensatory leave balance below 200 hours.
(c) An employee who is not in a policy-making
position may, after accumulating 151 hours of compensatory leave, request
payment for fifty (50) hours at the regular rate of pay. If the appointing
authority or the designee approves the payment, an employee's leave balance
shall be reduced accordingly.
(d)
An employee who is not in a policy-making position shall be paid for fifty (50)
hours at the regular hourly rate of pay upon accumulation of 240 hours of
compensatory leave at the end of a pay period. If a work week is split between
pay periods, then the 240 hours of compensatory leave required for payment
shall be accrued at the end of the pay period following the split pay period
week. The employee's leave balance shall be reduced accordingly.
(e) If an employee's prescribed hours of duty
are normally less than forty (40) hours per week, the employee shall receive
compensatory leave for the number of hours worked that:
1. Exceed the number of normally prescribed
hours of duty; and
2. Do not exceed
the maximum amount of compensatory time that is permitted.
(f) Only hours actually worked shall be used
for computing paid overtime or time and one-half (1 1/2) compensatory
time.
(g) Upon separation from
state service, an employee shall be paid for all unused compensatory leave at
the greater of the employee's:
1. Regular
hourly rate of pay; or
2. Average
regular rate of pay for the final three (3) years of employment.
Section 6.
Military Leave.
(1) Upon request, an employee
who is an active member of the United States Army Reserve, the United States
Air Force Reserve, the United States Naval Reserve, the United States Marine
Corps Reserve, the United States Coast Guard Reserve, the United States Public
Health Service Reserve, or the National Guard shall be relieved from the civil
duties, to serve under order or training duty without loss of the regular
compensation for a period not to exceed the number of working days specified in
KRS
61.394 for a federal fiscal year.
(2) The absence shall not be charged to
leave.
(3) Absence that exceeds the
number of working days specified in
KRS
61.394 for a federal fiscal year shall be
charged to annual leave, compensatory leave, or leave without pay.
(4) If requested by the appointing authority,
the employee shall provide a copy of the orders requiring the attendance of the
employee before military leave is granted.
(5) An appointing authority shall grant an
employee entering military duty a leave of absence without pay for the period
of duty in accordance with
KRS
61.373. Upon receiving military duty leave of
absence, all accumulated annual and compensatory leave shall be paid in a lump
sum, if requested by the employee.
Section 7. Voting and Election Leave.
(1) An employee who is eligible and
registered to vote shall be allowed, upon prior request and approval, leave up
to four (4) hours for the purpose of voting or to appear before the county
clerk to request an application for or to execute an absentee ballot. A
supervisor, manager, or appointing authority may specify the hours an employee
may be absent.
(2) An employee
casting an absentee ballot shall record the leave on the day the employee's
vote is cast by mail or in-person submission. An employee shall be regularly
scheduled to work on the day the vote is cast in order to receive the
leave.
(3) An election officer
shall receive additional leave if the total leave for election day does not
exceed a regular workday.
(4) The
absence shall not be charged against leave.
(5) An employee who is permitted or required
to work during the employee's regular work hours, in lieu of voting leave,
shall be granted compensatory leave on an hour-for-hour basis for the hours
during the times the polls are open, up to a maximum of four (4)
hours.
Section 8.
Funeral and Bereavement Leave.
(1) Upon the
approval of the appointing authority, an employee who has lost an immediate
family member by death may utilize five (5) days of accrued sick leave,
compensatory leave, annual leave, or leave without pay if the employee does not
have accrued leave, or a combination thereof.
(2) An appointing authority may approve the
use of additional sick leave, compensatory leave, annual leave, or leave
without pay if the employee does not have accrued leave, or a combination
thereof, at the request of the employee following the loss of an immediate
family member.
(3) For purposes of
funeral and bereavement leave, an immediate family member shall include the
employee's spouse, parent, grandparent, child, brother, or sister, or the
spouse of any of them, and may include other relatives of close association if
approved by the appointing authority.
Section 9. Special Leave of Absence.
(1) If approved by the secretary, an
appointing authority may grant a leave of absence for continuing education or
training.
(a) Leave may be granted for a
period not to exceed twenty-four (24) months.
(b) If granted, leave shall be granted either
with pay (if the employee contractually agrees to a service commitment) or
without pay.
(c) Leave shall be
restricted to attendance at a college, university, vocational, or business
school for training in subjects that relate to the employee's work and will
benefit the state.
(2)
An appointing authority, with approval of the secretary, may grant an employee
a leave of absence without pay for a period not to exceed one (1) year for
purposes other than specified in this administrative regulation that are of
tangible benefit to the state.
(3)
If approved by the secretary, an appointing authority may place an employee on
special leave with pay for investigative purposes pending an investigation of a
work-related incident, or pending an investigation of an allegation of employee
misconduct, lack of good behavior, or unsatisfactory performance of duties.
(a) Leave shall not exceed sixty (60) working
days.
(b) The employee shall be
notified in writing by the appointing authority that the employee is being
placed on special leave for investigative purposes, and the reasons for being
placed on leave.
(c) If the
investigation reveals no misconduct by the employee, records relating to the
investigation shall be purged from agency and Personnel Cabinet files
maintained in accordance with
KRS
18A.020(2)(a).
(d) The appointing authority shall notify a
current employee, in writing, of the completion of the investigation and the
action taken.
(4) An
appointing authority may place an employee on administrative leave with pay
upon the employee's receipt of an intent to dismiss letter as authorized by
KRS
18A.095(2)(c).
(5) Discretionary leave with pay.
(a) An appointing authority may grant, or the
secretary may direct, discretionary leave with pay to an employee for a period
not to exceed ten (10) working days in a calendar year when it is considered
necessary for the welfare of the employee.
(b) Reasons for discretionary leave with pay
are limited to work-related events.
(c) An appointing authority, with approval of
the secretary, may renew discretionary leave with pay, not to exceed an
additional twenty (20) working days.
(d) Leave granted pursuant to this subsection
may be taken intermittently if authorized by the appointing
authority.
Section
10. Absence Without Leave.
(1) An
employee who is absent from duty without prior approval shall report the reason
for the absence to the supervisor immediately.
(2) Unauthorized or unreported absence shall:
(a) Be considered absence without
leave;
(b) Be treated as leave
without pay for an employee covered by the provisions of the Fair Labor
Standards Act, 29 U.S.C. Chapter 8; and
(c) Constitute grounds for disciplinary
action.
(3) An employee
who has been absent without leave or notice to the supervisor for a period of
five (5) working days shall be deemed resigned.
Section 11. Absences Due to Adverse Weather.
(1) An employee, who is not designated for
mandatory operations and chooses not to report to work or chooses to leave
early if there are adverse weather conditions, such as tornado, flood,
blizzard, or ice storm, shall have the time of the absence reported as:
(a) Charged to annual or compensatory
leave;
(b) Taken as leave without
pay, if annual and compensatory leave has been exhausted; or
(c) Deferred in accordance with subsections
(4) and (5) of this section.
(2) An employee who is on prearranged annual,
compensatory, or sick leave shall charge leave as originally
requested.
(3) An employee who is
approved to telecommute shall not be eligible for adverse weather leave unless
his or her telecommuting equipment is not operational or cannot be accessed
during scheduled telecommuting hours due to adverse weather
conditions.
(4) If operational
needs allow, except for an employee in mandatory operations, management shall
make every reasonable effort to arrange schedules whereby an employee shall be
given an opportunity to make up time not worked rather than charging it to
leave.
(5) An employee shall not
make up work if the work would result in the employee working more than forty
(40) hours in a workweek.
(a) Time lost shall
be made up within 123 calendar days of the occurrence of the absence. If it is
not made up within 123 calendar days, leave shall be deducted from compensatory
leave, followed by annual leave, and if no compensatory or annual leave is
available, time lost shall be charged to leave without pay and deducted from an
employee's wages.
(b) If an
employee transfers or separates from employment before the leave is made up,
the leave shall be charged to annual or compensatory leave or deducted from the
final paycheck.
(6) If
catastrophic, life-threatening weather conditions occur, as created by a
tornado, flood, ice storm, or blizzard, and it becomes necessary for
authorities to order evacuation or shut-down of the place of employment, the
provisions established in paragraphs (a) and (b) of this subsection shall
apply.
(a) An employee who is required to
evacuate or who would report to a location that has been shut down shall not be
required to make up the time that is lost from work during the period
officially declared hazardous to life and safety.
(b) An employee who is required to work in an
emergency situation shall be compensated pursuant to the provisions of Section
5 of this administrative regulation and the Fair Labor Standards Act, 29 U.S.C.
Chapter 8.
Section
12. Blood Donation Leave.
(1) An
employee who, during scheduled work hours, donates whole blood at a licensed
blood center certified by the Food and Drug Administration shall receive four
(4) hours leave time, with pay, for the purpose of donating and recuperating
from the donation.
(2) Leave
granted pursuant to this section shall be used when the blood is donated unless
circumstances as specified by the supervisor required the employee to return to
work. If the employee returns to work, the unused portion of the leave time
shall be credited as compensatory leave.
(3) An employee shall request leave in
advance to qualify for blood donation leave.
(4) An employee who is deferred from donating
blood shall not:
(a) Be charged leave time for
the time spent in the attempted donation; and
(b) Qualify for the remainder of the blood
donation leave.
(5) A
donation initiated or attempted during an employee's lunch period is outside of
scheduled work hours and shall not qualify for any amount of blood donation
leave.
Section 13.
Incorporation by Reference.
(1) "Overtime
Compensation Form", May 2013, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Personnel Cabinet, 501
High Street, 3rd Floor, Frankfort, Kentucky 40601, Monday through Friday, 8
a.m. to 4:30 p.m. The material incorporated by reference is also available on
the Personnel Cabinet's Web site on the Documents in Demand page at:
https://personnel.ky.gov/.
Notes
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