RELATES TO:
KRS
18A.025(3)(c) 1d,
18A.203
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 annual leave.
KRS
18A.203(9) requires the
secretary to promulgate procedural administrative regulations to implement the
Annual Leave Sharing Program. This administrative regulation establishes the
procedures for the Annual Leave Sharing Program established by
KRS
18A.203.
Section
1. Definition. "Employee" is defined by
KRS
18A.005(14).
Section 2. Eligibility to Donate or Receive
Annual Leave.
(1) An employee shall not
qualify to donate or receive annual leave under the Annual 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 annual leave, an
employee shall complete an Annual Leave Sharing Application.
(3) To donate annual leave, an employee shall
complete an Annual Leave Sharing Donation Form.
Section 3. Procedures and Restrictions.
(1) The ten (10) consecutive days of leave
required for eligibility by
KRS
18A.203 shall be leave with or without
pay.
(2) The total amount of shared
annual leave that may be received or used by an eligible employee for the
purposes specified by this administrative regulation shall be limited to 200
work hours per each qualifying event.
(3) Annual leave sharing shall not be
authorized for mere convenience or employee preference.
(4) Annual 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. Annual 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.
(5) If multiple donors donate annual 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 or 200 work hours, whichever is less.
(6) The applicant for annual leave sharing
shall be responsible for filing the Annual Leave Sharing Application.
(7) Donated annual 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.
(8) The annual leave sharing recipient shall
be responsible for monitoring the amount of annual leave donated and
used.
(9) Except as provided by
subsection (10) of this section, donated annual leave shall be used:
(a) In the order in which it is donated;
and
(b) On consecutive
days.
(10) Any leave
that an employee accrues while receiving donated annual leave shall be used
before donated annual leave.
(11)
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 evidence that the original condition for which annual leave was
donated will continue.
(12) If an
annual 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.
Section 4. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "Annual Leave Sharing
Application", October 2011; and
(b)
"Annual Leave Sharing Donation Form", October 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.
