780
KAR 6:062. Attendance, compensatory time and leave for unclassified service.
RELATES
TO: KRS 151B.035, 29 C.F.R. 825, 29 U.S.C. 201-219, 2601-2654
STATUTORY
AUTHORITY: KRS 151B.035(11)
NECESSITY,
FUNCTION, AND CONFORMITY: KRS 151B.035(11) requires the executive director of
the Office of Career and Technical Education to promulgate administrative
regulations governing the unclassified service. The Family and Medical Leave
Act of 1993, 29 U.S.C. 2601 to 2654, as implemented by 29 C.F.R. Part 825, requires
the granting of Family and Medical Leave. This administrative regulation
establishes the attendance, compensatory time and leave requirements for
unclassified service staff.
Section
1. Attendance. (1) A full-time employee shall be required to work thirty-seven
and one-half (37 1/2) hours per week unless otherwise specified by the
appointing authority or his designee.
(2)
The appointing authority or his designee may require employees to work hours
and work days other than the normal schedule if it is in the best interest of
the agency. An employee shall be given as much advance notice as possible if a
schedule is changed.
(3)
The employee shall be required to give reasonable notice in advance of absence
from a work station.
(4)
An employee shall be allowed up to two (2) professional days for the purpose of
continuing staff development or participation in professional organization
workshops and meetings without loss of pay.
Section
2. 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
or paid overtime subject to the provisions of the Fair Labor Standards Act, the
Kentucky Revised Statutes and this administrative regulation.
(c)
An employee deemed to be "exempt" under the provisions of the FLSA
shall accumulate compensatory time on an hour-for-hour basis for hours actually
worked in excess of his regular work schedule.
(d)
An employee deemed to be "nonexempt" by the provisions of the FLSA
shall be paid for all hours worked in excess of forty (40) hours per week.
(e)
Compensatory leave shall be accumulated or taken off in one-quarter (1/4) hour
increments.
(f)
The maximum amount of compensatory leave that may be carried forward from one
(1) pay period to another shall be 200 hours.
(g)
An employee who is transferred or otherwise moved from the jurisdiction of one
(1) agency to another shall retain his compensatory leave in the receiving
agency.
(2)
Reductions in compensatory leave balances.
(a)
An unclassified employee may use accumulated compensatory time if:
1.
Practicable;
2.
Requested in advance; and
3.
Approved by the respective supervisor.
(b)
An appointing authority may require an employee who has a balance of at least
100 hours compensatory leave to use compensatory leave before annual leave,
unless the employee's annual leave balance exceeds the maximum number of hours
that may be carried forward under Section 3(2)(f) of this administrative
regulation, and shall otherwise allow the use of compensatory leave if it will
not unduly disrupt the operations of the agency.
(c)
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 200 compensatory hours.
(d)
Upon separation from state service, an employee shall be paid for all unused
compensatory leave at the greater of the:
1.
Regular hourly rate of pay; or
2.
Average regular rate of pay for the final three (3) years of employment.
Section
3. 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 leave 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.
(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, except as provided in paragraph (f) of
this subsection, and who was dismissed for cause from state service shall
receive credit for service prior to the dismissal, except if the dismissal
resulted from a violation of KRS 151B.090.
(f)
An employee, who has retired from a position covered by a state retirement
system, who is receiving retirement benefits, and who returns to state service,
shall not receive credit for annual months of service prior to retirement.
(g)
Part-time, temporary, or seasonal employees shall not be entitled to accrue
annual leave.
(2)
Use and retention of annual leave.
(a)
Annual leave shall be used in increments of hours or 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 or his designee up to at least the amount of time earned that year,
if the operating requirements of the agency permit.
(c)
An appointing authority or his designee 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 under paragraph (f) of this subsection.
(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 who is transferred or otherwise moved from the jurisdiction of one
(1) agency to another shall retain accumulated annual leave in the receiving
agency.
(f)
Annual leave may be carried forward from one (1) calendar year to the next as
provided in this paragraph:
Months
of Service
Maximum
Amount
0-59
months
Thirty
(30) workdays
60-119
months
Thirty-seven
(37) workdays
120-179
months
Forty-five
(45) workdays
180-239
months
Fifty-two
(52) workdays
240
months & over
Sixty
(60) workdays
(g)
Leave in excess of the maximum amounts specified in paragraph (f) of this
subsection shall be converted to sick leave at the end of the calendar year or
upon retirement, whichever comes first.
(h)
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)
An employee who is separated by proper resignation or retirement shall be paid
in a lump sum for accumulated annual leave not to exceed the maximum amounts
established by subsection (2)(f) of this section. Following payment of annual
leave at resignation, leave remaining after the payment of the maximum provided
shall be removed from the balance.
(b)
An employee who is laid off shall be paid in a lump sum for all accumulated
annual leave.
(c)
An employee in the unclassified service who resigns or terminates one (1)
workday and returns to certified and equivalent service the next workday shall
retain accumulated annual leave in the receiving agency.
(d)
An employee who has been dismissed for cause related to misconduct or who has
failed, without proper excuse, to give proper notice of resignation or
retirement shall not be paid for accumulated annual leave.
(e)
Upon the death of an employee, the estate shall be entitled to receive pay for
the unused portion of the employee's accumulated annual leave.
(f)
An employee may request in writing that his accumulated annual leave not be
paid upon resignation, and that all or part of the amount of the accumulated
annual leave that does not exceed the amount established by subsection (2)(f)
of 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
4. 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.
(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 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)
The total service shall be verified before the leave is credited to the
employee's record.
(h)
An employee, who retired from a position covered by a state-administered
retirement system, who is receiving retirement benefits and who returns to
state service, shall not receive credit for sick months of service prior to
retirement.
(i)
A former employee who is appointed or reemployed, other than a former employee
receiving benefits under a state-administered retirement system, shall receive
credit for the unused sick leave balance credited upon the separation and shall
receive credit for prior sick months of service.
(j)
An employee dismissed for cause who has been rehired to state service shall
receive credit for sick months of service prior to the dismissal, except if the
dismissal resulted from a violation of KRS 151B.090.
(k)
Sick leave may be accumulated with no maximum.
(2)
Use and retention of sick leave with pay.
(a)
An appointing authority or his designee shall grant or may require the use of
accrued sick leave with 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. The appointing authority or his designee may
require the employee to provide a doctor's statement certifying the employee's
inability to perform his duties for the days or hours sick leave is requested;
3.
Is required to care for or transport a member of the immediate family in need
of medical attention for a reasonable period of time. The appointing authority
or his designee may require the employee to provide a doctor's statement
certifying the employee's need to care for a family member;
4.
Would jeopardize the health of the employee or others at the work station
because of a contagious disease or demonstration of behavior that might
endanger the employee or others;
5.
Has lost by death a spouse, parent, grandparent, child, brother or sister, or
the spouse of any of them, or, if granted by the appointing authority, another
relative of close association. Leave under this paragraph shall be limited to
three (3) days; or
6.
Requires leave for the birth, placement or adoption of a child.
(b)
At the termination of sick leave with pay, the appointing authority or his
designee shall return the employee to his former position.
(c)
Sick leave shall be used in increments of hours or increments of one-quarter
(1/4) hours.
(d)
An employee who is transferred or otherwise moved from the jurisdiction of one
(1) agency to another shall retain his accumulated sick leave in the receiving
agency.
(e)
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 or his designee shall grant sick leave without pay to
an employee for the duration of an employee's impairment by injury or illness,
if:
1.
The total continuous leave does not exceed one (1) year; and
2.
The employee has used or been paid for all accumulated annual, compensatory,
and sick leave, unless the employee has requested to retain up to ten (10) days
of accumulated sick leave.
(b)
For continuous leave without pay in excess of thirty (30) working days,
excluding holidays, the appointing authority or his designee shall notify the
employee in writing of the leave without pay status.
(c)
The appointing authority or his designee may require a periodic doctor's
statement during the year attesting to the employee's continued inability to
perform the essential functions of his duties with or without reasonable
accommodation.
(d)
An appointing authority may grant sick leave without pay to an employee, who
does not quality 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 for a period not to exceed thirty
(30) working days.
(e)
If an employee has given notice of his ability to resume his duties following
sick leave without pay, the appointing authority or his designee shall return
the employee to the original position or to a position for which he is
qualified and which resembles his former position as closely as circumstances
permit.
(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 considered to have resigned if he:
1.
Has been on one (1) year continuous sick leave without pay;
2.
Has been requested by the appointing authority or his designee in writing to
return to work at least ten (10) days prior to the expiration of sick leave;
3.
Is unable to return to his former position;
4.
Has been given priority consideration by the appointing authority for a vacant,
budgeted position with the same agency, for which he 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 or his designee in a vacant
position.
(h)
Sick leave granted under this subsection shall not be renewable after the
employee has been medically certified as able to return to work.
(i)
An employee who has resigned under paragraph (g) of this subsection shall
retain reinstatement privileges.
(4)
Workers' compensation.
(a)
If an absence is due to illness or injury for which workers' compensation
benefits are received, accumulated sick leave may be used to maintain regular
full salary.
(b)
If paid sick leave is used to maintain regular full salary, workers'
compensation pay benefits shall be assigned to the state for the period of time
the employee received paid sick leave.
(c)
The employee's sick leave shall be immediately reinstated to the extent that
workers' compensation benefits are assigned.
(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, an employee shall notify the immediate
supervisor or the designee. 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 or his designee 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 or his designee 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
5. Family and Medical Leave. (1) An appointing authority or his designee shall
comply with the requirements of the Family and Medical Leave Act (FMLA) of
1993, 29 U.S.C. 2601, et seq., 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 and medical 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 accumulated
annual or sick leave, unpaid family and medical leave, or a combination
thereof, for the birth, placement, or adoption of a 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)
If the employee would qualify for family and medical leave, but has an annual,
compensatory, or sick leave balance, the agency shall not designate the leave
as FMLA leave until:
(a)
The employee's leave balance has been exhausted; or
(b)
The employee requests to reserve ten (10) days of accumulated sick leave and be
placed on unpaid FMLA leave.
Section
6. Court Leave. (1) An employee shall be entitled to court leave during his
scheduled working hours without loss of time or pay for the amount of time
necessary to:
(a)
Comply with a subpoena by a court, or administrative agency or body of the
federal or state government or any political subdivision thereof; or
(b)
Serve as a juror or a witness, unless the employee or a member of his family is
a party to the proceeding.
(2)
Court leave shall include necessary travel time.
(3)
If relieved from duty as a juror or witness during his 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 his assigned duties.
Section
7. 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
Kentucky National Guard shall be relieved from the civil duties, to serve under
order or training duty without loss of 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)
The appointing authority may require a copy of the orders requiring the
attendance of the employee before granting military leave.
(5)
The appointing authority shall grant an employee entering military duty a leave
of absence without pay for a period of the duty not to exceed six (6) years.
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
8. Voting and Election Leave. (1) An employee who is eligible and who is
registered to vote shall be allowed, upon prior request and approval, four (4)
hours for the purpose of voting.
(2)
An election officer shall receive additional leave if the total leave for
election day does not exceed a regular workday.
(3)
The absence shall not be charged against leave.
(4)
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 time the polls are open, up to a
maximum of four (4) hours.
Section
9. Special Leave of Absence. (1) If approved by the secretary, an appointing
authority or his designee 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 or the
conclusion of the administration in which the employee is serving, whichever
comes first.
(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
shall benefit the state.
(2)
An appointing authority or his designee, 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)
The appointing authority or his designee may place an employee on special leave
with pay for investigative purposes for a period of time not to exceed sixty
(60) working days pending an investigation of an allegation of employee
misconduct.
(a)
The employee shall be notified in writing by the appointing authority or his
designee that the employee is being placed on special leave for investigative
purposes, and the reasons for being placed on leave.
(b)
If this investigation reveals no misconduct on behalf of the employee, all
records relating to the investigation shall be purged from the Office of Career
and Technical Education files.
(c)
The appointing authority or his designee shall notify the employee, in writing,
of the completion of the investigation and the action taken. This notification
shall be made to the employee, whether the employee has remained in state
service, or has voluntarily resigned in the interim.
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 provision of the
Fair Labor Standards Act; 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 ten (10) working days shall be considered to have resigned the employment.
Section
11. Absences Due to Adverse Weather. (1) An employee, who is not designated for
mandatory operations, and who chooses not to report to work or chooses to leave
early in the event of 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 have been
exhausted; or
(c)
Deferred in accordance with subsections (3) and (4) of this section.
(2)
An employee who is on prearranged annual, compensatory, or sick leave shall
charge leave as originally requested.
(3)
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.
(4)
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 four (4) months of the occurrence of the
absence. If it is not made up within four (4) months, annual or compensatory
leave shall be deducted to cover the absence, or leave without pay shall be
charged if no annual or compensatory leave is available.
(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.
(5)
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 shutdown of the place of employment, the provisions
established in 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 2 of this administrative
regulation and the Fair Labor Standards Act as amended.
Section
12. Blood Donation Leave. (1) An employee who, during regular working hours,
donates 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 under this section shall be used at the time of the donation
unless circumstances as specified by the supervisor requires 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.
Section
13. Eligibility for State-paid Health and Life Insurance Benefits. (1) An
employee who is eligible for state-paid life insurance benefits under the
provisions of KRS Chapter 151B shall have worked or been on paid leave or
family and medical leave, other than educational leave, during any part of the
previous month.
(2)
An employee who is eligible for state-paid health insurance benefits under the
provisions of KRS Chapter 151B shall have worked or been on paid leave or family
and medical leave, other than educational leave, during any part of the
previous pay period.
(3)
If an employee is unable to work and uses paid leave to qualify for the
state-paid health and life insurance benefits, the employee shall use paid leave
days consecutively. (26 Ky.R. 2162; Am. 27 Ky.R. 109; eff. 7-17-2000; 35 Ky.R.
1891; 2245; eff. 5-1-2009; 36 Ky.R. 933; eff. 1-4-2010.)
