101 KAR 2:102. Classified leave general requirements.

 

      RELATES TO: KRS 18A.030, 18A.110, 18A.195, 61.394, 344.030, 29 U.S.C. 201 – 219, 2601 – 2654

      STATUTORY AUTHORITY: KRS 18A.030, 18A.110, 18A.155, 344.030, 29 U.S.C. 201 – 219, 2601 – 2654

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.110(7)(g) requires the Secretary of Personnel, 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.

      (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, shall receive credit for prior service, unless the employee had been dismissed as a result of misconduct or a violation of KRS 18A.140, 18A.145, or 18A.990.

      (f) An employee, who has retired from a position covered by a state retirement system, is receiving retirement benefits, and returns to state service, shall not receive credit for months of service prior to retirement.

      (g) A part-time employee shall not be entitled to annual leave.

      (2) Use and retention of annual leave.

      (a) Annual leave shall be used in increments of hours or 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 his 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 provided in this paragraph:



Months of

Service

Maximum

Amount

37.5 Hour Week Equivalent

40 Hour Week Equivalent

0-59

30 workdays

225 hours

240 hours

60-119

months

37 workdays

277.50 hours

296 hours

120-179

months

45 workdays

337.50 hours

360 hours

180-239

months

52 workdays

390 hours

416 hours

240 months and over

60 workdays

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, he shall be paid in a lump sum for accumulated annual leave.

      2. The accumulated annual leave for which he 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, he 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 resigns one (1) day and is employed the next workday, shall retain his accumulated 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, his 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 his accumulated annual leave that does not exceed the amount established by this section be waived, if:

      1. He resigns, or is laid off from his position, because of an approved plan of privatization of the services he performed; and

      2. The successor employer has agreed to credit him 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.

      (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) The total service shall be verified before the leave is credited to the employee’s record.

      (h) A former employee who has been rehired, except as provided in paragraph (i) of this subsection, shall receive credit for prior service, unless the employee had been dismissed as a result of misconduct or a violation of KRS 18A.140, 18A.145, or 18A.990.

      (i) A former employee who is appointed, reinstated, or reemployed, other than a former employee receiving benefits pursuant to a state retirement system, shall be credited with the unused sick leave balance credited to him upon separation.

      (j) 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 his duties for the days or hours sick leave is requested. If requested by the appointing authority, the employee shall provide a certificate from an appropriate medical health professional certifying the employee’s fitness to return to duty before the employee is permitted to return to work;

      3. Is required to care for or transport a member of his 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; or

      4. Would jeopardize the health of himself or others at his work station because of a contagious disease or demonstration of behavior that might endanger himself or others.

      (b) At the termination of sick leave with pay, the appointing authority shall return the employee to his 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 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 hours or 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 his accumulated sick leave in the receiving agency.

      (g) An employee shall be credited for accumulated sick leave if he is 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 he has requested to retain up to ten (10) days of accumulated sick leave.

      (b) 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.

      (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) 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 his duties with or without reasonable accommodation.

      (e) If an employee has given notice of his ability to resume his duties following sick leave by personnel action, the appointing authority 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. 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; and

      3. The employee’s salary upon return to work.

      (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 he:

      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 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 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 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, an 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) If the employee would qualify for family and medical leave, but has an annual, compensatory, or sick leave balance, upon the employee's request, the agency shall permit the employee to:

      (a) Reserve ten (10) days of accumulated sick leave and be placed on FMLA leave; or

      (b) Use accrued paid leave concurrently with FMLA leave.

 

      Section 4. 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, 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 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. The 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 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.

      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 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:

      1. 239.99 hours by an employee in a non policy-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 accumulating at the end of the pay period, 240 hours of compensatory leave. 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 his:

      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 Kentucky 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, 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 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 three (3) 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 an allegation of employee misconduct.

      (a) Leave shall not exceed sixty (60) working days.

      (b) The employee shall be notified in writing by the appointing authority that he 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.

      (d) The appointing authority 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 after being placed on special leave for investigative purposes.

 

      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 ten (10) 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 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 has 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 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 shutdown 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 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 pursuant to this section shall be used at the time of the donation 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.

 

      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. (26 Ky.R. 261; Am. 569; eff. 8-25-99; 1991; 27 Ky.R. 61; eff. 7-17-2000; 28 Ky.R. 1172; 1603; eff. 1-14-2002; 36 Ky.R. 416; 1002; eff. 12-4-2009; TAm eff. 5-4-2010; 38 Ky.R. 484; eff. 9-28-11; 38 Ky.R. 1171; eff. 7-6-2012; 39 Ky.R. 2365; 40 Ky.R. 261; eff. 9-6-13.)