RELATES TO:
KRS
18A.110(1)(h), (7)(g),
18A.196,
18A.197
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(1)(h) and (7)(g)
require the secretary to promulgate administrative regulations governing
various types of work leave, including sick leave.
KRS
18A.197(9) requires the
secretary to promulgate administrative regulations to implement the sick leave
sharing program. This administrative regulation establishes the sick leave
sharing procedures.
Section 1.
Definitions.
(1) "Employee" is defined by
KRS
18A.196(1).
(2) "Immediate family" means:
(a) The employee's spouse, mother, father,
grandparent, son, or daughter; or
(b) A person of similarly close relationship:
1. Who has resided with the employee for at
least thirty (30) days prior to application; or
2. For whom the employee is legally
responsible.
(3) "Medically certified illness, injury,
impairment, or physical or mental condition" means a disabling medical
condition which has rendered or will render the employee completely incapable
of performing the essential duties of the job due to:
(a) The employee's personal illness;
or
(b) The medically certified
necessity that the employee care for an eligible immediate family
member.
Section
2. Eligibility to Donate or Receive Sick Leave.
(1) An employee shall not qualify to donate
or receive sick leave under the sick leave sharing program if the employee:
(a) Is not in active payroll status;
or
(b) Has:
1. Resigned;
2. Retired; or
3. Been placed in unpaid leave status by a
personnel action.
(2) To request donated sick leave due to a
medically certified illness, injury, impairment, or physical or mental
condition of the employee or an eligible immediate family member, an employee
shall complete a Sick Leave Sharing Application.
(3) To donate sick leave, an employee shall
complete a Sick Leave Sharing Donation Form.
Section 3. Procedures and Restrictions.
(1) The ten (10) consecutive days of leave
required for eligibility shall be leave with or without pay.
(2) Sick leave sharing shall not be
authorized for mere convenience or employee preference.
(3) Sick leave shall not be donated to an
employee regularly scheduled to work thirty seven and one-half (37.5) hours per
week in an amount less than seven and one-half (7.5) hours. Sick leave shall
not be donated to an employee regularly scheduled to work forty (40) hours per
week in an amount less than eight (8) hours.
(4) If multiple donors donate sick leave to
an eligible recipient, agencies shall transfer leave in chronological order of
receipt of the donation forms, up to the maximum amount that has been certified
to be needed by the recipient.
(5)
The applicant for sick leave sharing shall be responsible for filing:
(a) The appropriate medical certificates
certifying the medical necessity; and
(b) The Sick Leave Sharing
Application.
(6) Donated
sick leave shall not be utilized retroactively except to cover the period
between the date the request was submitted to the employee's supervisor or
agency representative and the date of approval by the appointing
authority.
(7) The sick leave
sharing recipient shall be responsible for monitoring the amount of sick leave
donated and used.
(8) Except as
provided by subsection (9) of this section, donated sick leave shall be used:
(a) In the order in which it is donated;
and
(b) On consecutive
days.
(9) Leave that an
employee accrues while receiving donated sick leave shall be used before
donated sick leave.
(10) When the
recipient of donated leave returns to work, unused donated leave shall be
restored to the donors in reverse order of donation, unless the recipient
provides medical evidence that continued, periodic medical treatment relating
to the original condition for which leave was donated is required.
(11) If a sick leave donor resigns, retires,
or is otherwise terminated from state employment before the process of
transferring leave to the recipient has begun, the leave shall not be available
for use by the recipient.
(12) An
appointing authority may require a sick leave recipient to provide an updated
medical certificate attesting to the continued need for leave after thirty (30)
working days of sick leave.
(13) An
employee receiving workers' compensation benefits shall be eligible to receive
shared sick leave to maintain a regular level of pay.
Section 4. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Sick Leave Sharing
Application", March 2011; and
(b)
"Sick Leave Sharing Donation Form", March 2011.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Personnel Cabinet, 501
High Street, Third Floor, Frankfort, Kentucky 40601, Monday through Friday, 8
a.m. to 4:30 p.m.
