101 KAR 2:095. Classified service administrative regulations.
RELATES TO: KRS 18A.030(2), 18A.110
STATUTORY AUTHORITY: KRS 18A.030, 18A.110
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.110 requires the Secretary of Personnel to promulgate comprehensive administrative regulations for the classified service. This administrative regulation establishes requirements for the classified service which govern the maintenance of employee and other records and reports in the cabinet and other conditions of employment.
Section 1. Definitions. (1) "Approved charitable federation" means a charitable organization which:
(a) Qualifies as a charitable federation with a substantial Kentucky presence; and
(b) Has been approved by the Secretary of Personnel for participation in the campaign pursuant to Section 8(3) of this administrative regulation.
(2) "Charitable federation" means a legally constituted grouping, made up of or supporting at least ten (10) health and human welfare organizations, all of which:
(a) Qualify as exempt voluntary charitable organizations under 26 U.S.C. 501(c)(3); and
(b) Have a substantial Kentucky presence.
(3) "Designated nonprofit agency" means an organization with proof of tax-exempt status under 26 U.S.C. 501(c)(3) which is written in on a pledge card by a state employee as a choice to receive contributions.
(4) "State employee" means a person, including an elected public official, who is employed by a department, board, agency or branch of state government, except one (1) relating to a state college or university.
(5) "Substantial Kentucky presence" means a facility, staffed by professionals or volunteers, available to provide its services and open at least fifteen (15) hours a week and with a regional or statewide presence that meets the requirements of Section 8(2) of this administrative regulation.
Section 2. Attendance; Hours of Work. (1) The number of hours a full-time employee shall be required to work shall be thirty-seven and one-half (37 1/2) hours per week or forty (40) hours per week, unless specified otherwise by the appointing authority or the statutes.
(2) The normal work day shall be from:
(a) 8 a.m. to 4:30 p.m., local time, Monday through Friday, for a thirty-seven and one-half (37 1/2) hour work schedule; or
(b) 8 a.m. to 5 p.m., local time, Monday through Friday, for a forty (40) hour work schedule.
(3) An appointing authority may require an employee to work hours and days other than regular days and hours, including an overtime or inclement weather schedule if it is in the best interest of the agency.
(4) An employee who works for an agency which requires more than one (1) shift or seven (7) days a week operation may be reassigned from one shift to another or from one post to another or alternate days off by the agency to meet staffing requirements or to maintain security or provide essential services of the agency.
(5) An employee shall give reasonable notice in advance of absence from a work station.
Section 3. Work Station and Temporary Assignment. (1) Each employee shall be assigned a work station by the appointing authority.
(2) A work station may be changed to better meet the needs of the agency.
(3) An employee may be temporarily assigned to a different work station in a different county for a period of up to sixty (60) calendar days. Temporary assignment may be renewed with the approval of the Secretary of Personnel. A temporarily reassigned employee shall be reimbursed for travel expenses in accordance with regulatory provisions and the appointing authority shall notify the employee in writing prior to the effective date of the action.
(4) An appointing authority may assign an employee to work in a different site within the county of employment.
Section 4. Dual Employment. (1) An employee holding a full-time position with the Commonwealth shall not hold another state position except upon recommendation of the appointing authority and the written approval of the secretary.
(2) A complete list of all employees holding more than one (1) state position shall be furnished to the Legislative Research Commission quarterly by the secretary.
Section 5. Notice of Resignation and Retirement. (1) An employee who desires to terminate his service with the state shall submit a written resignation or notice of retirement to the appointing authority.
(2) A resignation or notice of retirement shall be submitted at least fourteen (14) calendar days before the final working day. A copy of an employee's resignation shall be attached to the personnel action effecting the separation and be filed in the employee's service record in the agency and the Personnel Cabinet.
(3) Failure of an employee to give fourteen (14) calendar days notice with his resignation or notice of retirement may result in forfeiture of accrued annual leave.
(4) The effective date of a separation shall be the last work day unless the employee has been approved for the use of annual, compensatory, or sick leave prior to termination.
Section 6. Records and Reports. (1) An appointing authority shall provide a request to the Personnel Cabinet for a personnel action or status change.
(a) The Secretary of the Personnel Cabinet shall determine which personnel actions warrant a Personnel Action Notification to the employee, in accordance with KRS 18A.020 and 18A.095.
(b) The secretary shall provide a Personnel Action Notification to the appointing authority.
(c) The appointing authority shall provide a copy of a Personnel Action Notification to the employee affected by the action.
(2) The secretary shall maintain a leave record showing for each employee:
(a) Annual leave earned, used, and unused;
(b) Sick leave earned, used, and unused;
(c) Compensatory leave earned, used, and unused; and
(d) Special leave or other leave with or without pay.
Section 7. Telecommuting. (1) Telecommuting shall be a work arrangement where a selected state employee is allowed to perform the normal duties and responsibilities of his position through the use of computer or telecommunications at home or another place apart from the employee's usual work station.
(2) An appointing authority may establish a telecommuting program for all or any part of the agency.
(3) Eligibility and selection for participation in a telecommuting program shall be the decision of the agency, with no implied or specific right to participation being granted to an employee.
(4) The telecommuter's conditions of employment shall remain the same as for a nontelecommuting employee.
(a) Employee salary, benefits and employer-sponsored insurance coverage shall not change as a result of telecommuting.
(b) The telecommuter shall be responsible for the security and confidentiality of data, as well as the protection of state-provided equipment, used and accessed during telecommuting.
(c) The telecommuter shall agree to maintain a clean, safe workplace.
(d) An on-site visit by the employer for monitoring of safety issues shall be arranged in advance.
Section 8. Requirements for the Kentucky Employees Charitable Campaign. (1) General purpose. The purpose of the Kentucky Employees Charitable Campaign shall be to:
(a) Provide an opportunity for employees to contribute to eligible Kentucky organizations through the state's payroll deduction process;
(b) Ensure accountability for participants in regard to the funds raised;
(c) Encourage the involvement of state employees as responsible citizens;
(d) Give recognition to state employee volunteers; and
(e) Minimize workplace disruption and administrative costs to Kentucky taxpayers by allowing only one (1) statewide payroll deduction charitable solicitation per year.
(2) An organization shall be considered to have a substantial Kentucky presence if the requirements established in this subsection are met.
(a) Services shall be available to state employees in the local community.
(b) Services shall directly benefit human beings whether children, youth, adults, the aged, the ill and infirm, or the mentally or physically disabled.
(c) Services shall consist of:
1. Care, research, education or prevention in the fields of human health or social adjustment and rehabilitation;
2. Relief for victims of natural disasters and other emergencies; or
3. Assistance to those who are impoverished and in need of food, shelter, clothing and basic human welfare services.
(3) The secretary shall approve a charitable organization for participation in the campaign if the charitable organization demonstrates:
(a) Proof of tax exempt status under 26 U.S.C. 501(c)(3);
(b) Proof of current registration and compliance with the reporting requirements of the Secretary of State and the Office of the Attorney General;
(c) Proof of financial responsibility, including:
1. Adoption of a detailed annual budget;
2. Use of generally accepted accounting principles and procedures;
3. The board of directors' approval for deviations from the approved budget; and
4. An annual financial audit;
(d) Proof of direction by an active volunteer board of directors which meets regularly and whose members serve without compensation;
(e) A written nondiscrimination policy;
(f) Public disclosure of fundraising administrative costs with a statement demonstrating that, if fund and administrative expenses are in excess of twenty-five (25) percent of total support and revenue, actual expenses for those purposes are reasonable under all the circumstances in its case; and
(g) Publication of an annual report available to the general public, which includes a full description of the organization's Kentucky activities including fundraising activities.
(4) A federation may apply on behalf of all their member organizations if both the federation and all federation members meet the criteria established in subsection (3) of this section.
(5) Authority of the Secretary of Personnel.
(a) The Secretary of Personnel shall have the full authority over the procedures and policies relating to the operation of the Kentucky Employees Charitable Campaign.
(b) The secretary shall designate a group of state employees to compose the Kentucky Employees Charitable Campaign Committee to make recommendations on related matters.
(c) The committee shall be composed of a cross-section of state employees, involving the large cabinets and small agencies.
(d) The chair of the committee shall be appointed by the secretary.
(6) Functions of the committee. The committee shall make recommendations on the following:
(a) Designation of a campaign administrator.
1. The campaign administrator shall serve for a minimum period of two (2) years.
2. The campaign administrator shall be charged to manage and administer the charitable fund campaign for the Commonwealth, subject to the direction and control of the Secretary of Personnel. The campaign administrator shall have statewide workplace campaign experience and have the necessary staff and volunteer support to administer the Kentucky Employee Charitable Campaign;
(b) Establishment of minimum amount, based on cost effectiveness, that an employee may authorize to be deducted for each approved federation;
(c) The format of the brochure, pledge card and other promotional materials for the annual campaign;
(d) The dates and duration of the campaign;
(e) The annual campaign budget submitted by the campaign administrator; and
(f) The costs of the campaign, which shall be detailed in the budget, and which shall be borne by each recipient organization proportionally.
(7) Charitable federations to apply for statewide campaign.
(a) A federation desiring inclusion shall make application by February 15 of each year.
(b) A federation that has previously participated in the campaign shall update its application with a letter and a copy of the most recent year's audit.
(c) A charitable organization that has previously participated in the campaign shall be eligible if it fulfills all conditions of eligibility.
(8) The campaign administrator. The campaign administrator shall:
(a) Provide staffing to manage and administer the annual campaign. This shall include preparing drafts of campaign materials for consideration by the Secretary of Personnel;
(b) Serve as the central accounting point for both campaign cash and for payroll deductions received from the Personnel Cabinet including:
1. The preparation and submission of an annual campaign budget. Costs of the campaign shall be divided among recipient organizations; and
2. A separate account maintained for managing the income and expenses of the campaign;
(c) Distribute campaign funds received from the Personnel Cabinet to participating organizations in accordance with agreed upon time periods. This shall include distribution of funds to designated nonprofit agencies;
(d) Provide an end-of-campaign report to the Secretary of Personnel and to participating organizations; and
(e) Annually furnish a financial statement prepared by a certified public accountant.
Section 9. Workplace Violence Policy. (1) Workplace violence shall be prohibited and include:
(a) The attempted, threatened, or actual conduct of a person who endangers or is likely to endanger the health and safety of state employees or the general public; or
(b) A threatening statement, harassment, or behavior that gives a state employee or member of the general public reasonable cause to believe that his health or safety is at risk.
(2) Examples of prohibited workplace violence shall include:
(a) Threats of harm;
(b) Brandishing or displaying a weapon or an object that looks like a weapon in a manner which would present a safety risk to a state employee or a member of the general public or threatens or intimidates them;
(c) Intimidating, threatening, or directing abusive language toward another person, either verbally, in writing, or by gesture;
(e) Striking, slapping, or otherwise physically attacking another person; or
(f) Disobeying or failing to follow the reasonable directive of a supervisor to take action or cease actions which create a risk to the health or safety of a state employee or the public or threatens or intimidates them.
(3) Violation of this section shall constitute grounds for disciplinary action and referral for criminal prosecution.
Section 10. Issuance of Paychecks to State Employees. (1) A paycheck shall be issued to a state employee on the 15th and 30th day of each month.
(2) If the regularly scheduled pay date falls on a weekend, a paycheck shall be issued on the preceding Friday.
(3) If the regularly scheduled pay date falls on a state holiday as defined in KRS 18A.190, a paycheck shall be issued on the workday preceding the holiday.
Section 11. Incorporation by Reference. (1) “Personnel Action Notification”, PAN, August 2011, 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. (17 Ky.R. 1246; Am. 1972; eff. 12-6-90; 25 Ky.R. 97; 566; eff. 8-25-99; 38 Ky.R. 482; eff. 9-28-11.)