Title 101 | Chapter 003 | Regulation 015REG
PROPOSED
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PREVIOUS VERSION
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PERSONNEL CABINET
(Amendment)
101 KAR 3:015.Leave requirements for unclassified service.
Section 1.
Annual Leave.(1)
Accrual of annual leave.(a)
Each full-time employee shall accumulate annual leave at the following rate:| Months ofService | Annual Leave Days |
| 0-59 months | 1 leave day per month; 12 per year |
| 60-119months | 11/4 leavedayspermonth; 15 per year |
| 120-179months | 11/2 leavedayspermonth; 18 per year |
| 180-239months | 1 3/4 days per month; 21 per year |
| 240months & 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. This shall not include hours worked in excess of the prescribed hours of duty.(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 shall receive credit for months of prior service, unless the employee had been dismissed for cause or has retired from a position covered by a state retirement system.(f)
A part-time employee shall not be entitled to accrue annual leave.(2)
Use and retention of annual leave.(a)
Annual leave shall be used in increments 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, 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 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, leave shall be calculated as established in the following table:| Months of Service | Maximum Amount | 37.5 Hour Week Equivalent | 40Hour Week Equivalent |
| 0-59 | 30 work-days | 225 hours | 240 hours |
| 60-119months | 37 work- days | 277.50hours | 296 hours |
| 120-179months | 45 work- days | 337.50hours | 360 hours |
| 180-239months | 52 work- days | 390 hours | 416 hours |
| 240months and over | 60 work- days | 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, or terminated other than for cause, the employee shall be paid in a lump sum for accumulated annual leave.2.
The accumulated annual leave for which the employee 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; andb.
Be removed from the balance.(b)
If an employee is laid off, the employee 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 an employee who resigns one (1) day and is employed the next workday, shall retain the accumulated leave in the receiving agency.(d)
An employee who has been dismissed for cause shall not be paid for accumulated annual leave.(e)
An appointing authority may withhold payment of accumulated annual leave for an employee who has failed to give proper notice of resignation or retirement as described in 101 KAR 3:050 Section 8, or who has submitted notice of resignation or retirement after receiving an intent to dismiss letter. Annual leave withheld pursuant to this paragraph shall result in a determination that the employee resigned not in good standing.(f)
Upon the death of an employee, the employee's estate shall be entitled to receive pay for the unused portion of the employee's accumulated annual leave.(g)
An employee may request in writing that accumulated annual leave not be paid upon resignation, and that all or part of the amount of accumulated annual leave that does not exceed the amount established by this section be waived, if:1.
The employee resigns, or is laid off, because of an approved plan of privatization of the services performed; and2.
The successor employer has agreed to credit the employee 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. This shall not include hours worked in excess of the prescribed hours of duty.(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)
A former employee who has been rehired shall receive credit for months of prior service, and shall be credited with the unused sick leave balance that existed at the time of the previous separation, unless the employee had been dismissed for cause or has retired from a position covered by a state retirement system.(h)
The total service shall be verified by the Personnel Cabinet before the leave is credited to the employee's record.(i)
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 the employee's duties for the days or hours sick leave is requested. Before an employee is permitted to return to work, if requested by the appointing authority, the employee shall obtain and present a fitness-for-duty certification from an appropriate medical health care professional indicating the employee is able to resume work;3.
Is required to care for or transport a member of the employee's 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;4.
Would jeopardize the health of the employee or others at the employee's work station because of a contagious disease or communicable condition. Before an employee is permitted to return to work, if requested by the appointing authority, the employee shall obtain and present a fitness-for-duty certification from an appropriate medical health care professional indicating the employee is able to resume work; or5.
Demonstrates behavior that might endanger the employee or others. Before an employee is permitted to return to work, if requested by the appointing authority, the employee shall obtain and present a fitness-for-duty certification from an appropriate medical health care professional indicating the employee is able to resume work.(b)
At the termination of sick leave with pay, the appointing authority shall return the employee to the employee's 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 on 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 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 accumulated sick leave in the receiving agency.(g)
An employee shall be credited for accumulated sick leave if separated by proper resignation, layoff, or retirement.(h)
The duration of an interim employee's appointment shall not be extended by the use or approval for sick leave with or without pay.(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; and2.
The employee has used or been paid for all accumulated annual, sick, and compensatory leave unless the employee has requested to retain up to ten (10) days of accumulated sick leave.(b)
Within an employee's first twelve (12) months of employment after initial appointment, 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 in a calendar year.(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) continuous 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 the employee's duties with or without reasonable accommodation.(e)
If an employee has given notice of the employee's ability to resume duties following sick leave by personnel action, the appointing authority shall return the employee to the original position or to a position for which the employee is qualified and which resembles the 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;3.
The employee's salary upon return to work; and4.
The employee's new annual increment date, if applicable.(f)
If reasonable accommodation is requested, the employee shall:1.
Inform the employer; and2.
Upon request, provide supportive documentation from a certified professional.(g)
An employee shall be deemed resigned if the employee: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 the employee's former position or to a position for which the employee is qualified and which resembles the former position as closely as circumstances permit;4.
Has been given priority consideration by the appointing authority for a vacant, budgeted position with the same agency, for which the employee is qualified and is capable of performing its essential functions with or without reasonable accommodation; and5.
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)
Except as provided by Section 4 of this administrative regulation, an employee shall use accrued paid leave concurrently with FMLA leave, except an employee may reserve up to ten (10) days of accumulated sick leave while on FMLA leave. If an employee reserves accumulated sick leave, the remaining FMLA leave shall be unpaid. The employee shall satisfy allSection 4.
Employer Paid Leave.(1)
Notwithstanding the eligibility requirements of the FMLA, a full-time employee shall be entitled to a maximum of six (6) weeks of continuous employer paid leave for one or more of the following reasons:(a)
For the birth of a child, and to care for the newborn child if the leave is taken within one (1) year of the child's birth;(b)
For placement with the employee of a child for adoption or foster care if the leave is taken within one (1) year of the child's placement; or(c)
Because of a serious health condition that makes an employee unable to perform the functions of the employee's job.(2)
Employer paid leave shall comply with the requirements of the FMLA of 1993, 29 U.S.C. 2601 – 2654, and the federal regulations implementing the Act, 29 C.F.R. Part 825. Any leave entitlements provided by the FMLA that are not specifically listed in this section shall not qualify for employer paid leave.(3)
Leave that qualifies as employer paid leave shall be so designated and shall be exhausted prior to the employee's use of other accrued leave for an employer paid leave qualifying condition.(4)
Upon exhaustion of employer paid leave, additional leave usage shall comply with the other provisions of this administrative regulation, to include provision of medical documentation signed by a licensed practitioner certifying the employee's continued need for leave.(5)
Employer paid leave shall be used only on a continuous basis for absences of three (3) or more consecutive days.(6)
An employee shall be eligible for six (6) weeks of employer paid leave upon appointment.(7)
An employee shall request advance approval to use employer paid leave.(8)
Employer paid leave shall renew for a new six (6) week period following the completion of 120 months of service and following the completion of 240 months of service. Renewal shall void the remaining employer paid leave allotment so that the maximum amount of leave available pursuant to this section shall not exceed six (6) weeks.(9)
If an employee returns to work from employer paid leave but does not use the entire six (6) weeks of continuous employer paid leave, the remaining leave allotment may be utilized by the employee until renewal at 120 months of service or 240 months of service as described in subsection (8).(10)
If an employee returns to state service following a break in service, the leave allotment authorized in subsection (6) shall not renew. The allotment schedule outlined in subsection (8) shall not reset after a break in service.(11)
Upon separation from state service, an employee shall not be paid for any unused employer paid leave, and the unused balance of leave shall not be converted to any other type of leave or transfer to the employee's retirement account.(12)
When FMLA is applicable, an employee shall use employer paid leave concurrently with FMLA leave.(13)
On the effective date of this administrative regulation, an incumbent full-time employee shall be granted six (6) weeks of employer paid leave that may be used in accordance with this section.Section 5.Section 4.
Court Leave.(1)
With prior notice to their supervisor, an employee shall be entitled to court leave during the employee's 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.(2)
Court leave shall include necessary travel time.(3)
If relieved from duty as a juror or released from subpoena during the employee's 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 the employee's assigned duties.(5)
An employee shall not be eligible for court leave to comply with a subpoena if the employee or a member of the employee's family is a party to the proceeding.Section 6.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, KRS Chapter 337, 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.
An employee's 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 employee's 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 workweek following receipt of the election. The employing agency shall not mandate an employee's election of compensatory leave or paid overtime.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 used in increments of one-quarter (1/4) hours.(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 nonpolicy-making position; or2.
480 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 is not in a policy-making position and 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 accumulation of 240 hours of compensatory leave at the end of a pay period. If a work week is split between pay periods, then the 240 hours of compensatory leave required for payment shall be accrued at the end of the pay period following the split pay period week. 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; and2.
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 the employee's:1.
Regular hourly rate of pay; or2.
Average regular rate of pay for the final three (3) years of employment.Section 7.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 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 8.Section 7.
Voting and Election Leave.(1)
An employee who is eligible and registered to vote shall be allowed, upon prior request and approval, leave up to four (4) hours for the purpose of voting or to appear before the county clerk to request an application for or to execute an absentee ballot. A supervisor, manager, or appointing authority may specify the hours an employee may be absent.(2)
An employee casting an absentee ballot shall record the leave on the day the employee's vote is cast by mail or in-person submission. An employee shall be regularly scheduled to work on the day the vote is cast in order to receive the leave.(3)
An election officer shall receive additional leave if the total leave for Election Day does not exceed a regular workday.(4)
The absence shall not be charged against leave.(5)
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 9.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 five (5) 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 10.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 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 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 a work-related incident, or pending an investigation of an allegation of employee misconduct, lack of good behavior, or unsatisfactory performance of duties.(a)
Leave shall not exceed sixty (60) working days.(b)
The employee shall be notified in writing by the appointing authority that the employee 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 maintained in accordance with KRS 18A.020(2)(a).(d)
The appointing authority shall notify a current employee, in writing, of the completion of the investigation and the action taken.(4)
An appointing authority may place a career unclassified employee on administrative leave with pay upon the employee's receipt of an intent to dismiss for cause letter.(5)
Discretionary leave with pay.(a)
An appointing authority may grant, or the secretary may direct, discretionary leave with pay to an employee for a period not to exceed ten (10) working days in a calendar year when it is considered necessary for the welfare of the employee.(b)
Reasons for discretionary leave with pay are limited to work-related events.(c)
An appointing authority, with approval of the secretary, may renew discretionary leave with pay, not to exceed an additional twenty (20) working days.(d)
Leave granted pursuant to this subsection may be taken intermittently if authorized by the appointing authority.Section 11.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 five (5) working days shall be deemed resigned.Section 12.Section 11.
Absences Due to Adverse Weather.(1)
With supervisor approval, an employee who is unable(a)
Charged to annual or compensatory leave;(b)
Taken as leave without pay, if annual and compensatory leave has been exhausted; or(c)
Charged to paid adverse weather leave in accordance with subsection (4) of this section(2)
An employee who is on prearranged annual, compensatory, or sick leave shall charge leave as originally requested.(3)
An employee who is approved to telecommute shall not be eligible for adverse weather leave unless his or her telecommuting equipment is not operational or cannot be accessed during scheduled telecommuting hours due to adverse weather conditions.(4)
An employee, including an employee in a mandatory operation, who has supervisor approval, shall be eligible to use paid adverse weather leave subject to the following conditions:(a)
The amount of adverse weather leave shall not exceed one working day in a calendar year based on the employee's weekly work schedule;(b)
The leave shall be used in increments of one-quarter (1/4) hours; and(c)
The unused portion of the one-day allotment for paid adverse weather leave shall expire upon separation from employment or at the end of the calendar year, whichever comes first.(5)
(a)
(b)
(5)(6)
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 shut-down 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 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 6Section 13.Section 12.
Blood Donation Leave.(1)
An employee who, during scheduled work hours, donates whole 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 when the blood is donated, 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.(5)
A donation initiated or attempted during an employee's lunch period is outside of scheduled work hours and shall not qualify for any amount of blood donation leave.Section 14.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. The material incorporated by reference is also available on the Personnel Cabinet's Web site on the Documents in Demand page at: https://personnel.ky.gov/.MARY ELIZABETH BAILEY, Secretary
ANDY BESHEAR, Governor
APPROVED BY AGENCY: December 13, 2024
FILED WITH LRC: December 16, 2024 at 10:35 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on March 21, 2025, at 10:00 a.m. at 501 High Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until 11:59 p.m. on March 31, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Rosemary Holbrook, Executive Director, Office of Legal Services, 501 High Street, 3rd floor, Frankfort, Kentucky 40601, phone: (502) 564-7430, fax: (502) 564-0224, email: RosemaryG.Holbrook@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Rosemary Holbrook
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation details the various types of leave available to KRS Chapter 18A unclassified employees.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the various types of leave available to KRS Chapter 18A unclassified employees, and the requirements for these types of leave.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
Pursuant to 18A.030(2), the Personnel Cabinet Secretary is required to promulgate comprehensive regulations consistent with the provisions for KRS Chapter 18A. KRS 18A.110(7)(f) and KRS 18A.155 require the Secretary of Personnel to promulgate administrative regulations which govern leave.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation assists in the consistent application and treatment for unclassified employees on all employment leave matters.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
A new section is added to provide for employer paid leave for qualifying reasons. The adverse weather leave section is amended to add up to one day of paid leave in a calendar year, while removing the option to charge time to adverse weather leave and subsequently make-up the time.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to implement initiatives that enhance employment market competitiveness for KRS Chapter 18A service.
(c) How the amendment conforms to the content of the authorizing statutes:
Pursuant to 18A.030(2), the Personnel Cabinet Secretary is required to promulgate comprehensive regulations consistent with the provisions for KRS Chapter 18A. KRS 18A.110(7)(f) and KRS 18A.155 require the Secretary of Personnel to promulgate administrative regulations which govern leave.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment assists in the consistent application and treatment for unclassified employees on all employment leave matters.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
All KRS Chapter 18A unclassified employees and their agencies are affected.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
No additional action is required. Agencies will continue to review employee leave requests and monitor usage.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Agencies provide paid leave benefits from existing agency funds. The cost of a state employee is already established, and the use of this leave will not result in higher direct expenditures.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Full-time employees in KRS Chapter 18A service will be entitled to six (6) weeks of employer paid leave for qualifying conditions. Employees will also be eligible for one day of paid adverse weather leave per calendar year.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
This regulation, as amended, is not anticipated to generate any new or additional costs.
(b) On a continuing basis:
This regulation, as amended, is not anticipated to generate any new or additional costs.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
This regulation, as amended, is not anticipated to generate any new or additional costs.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
This regulation, as amended, is not anticipated to generate any new or additional fees or funding.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This regulation, as amended, is not anticipated to generate any new or additional fees.
(9) TIERING: Is tiering applied?
No. This regulation, as amended, treats all impacted entities the same.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 18A.030(2)(b), 18A.110, 29 U.S.C. 201 – 219, 2601 – 2654
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Personnel Cabinet is the promulgating agency. All state agencies with employees covered under KRS Chapter 18A are affected.
(a) Estimate the following for the first year:
Expenditures:
Agencies provide paid leave benefits from existing agency funds. The cost of a state employee is already established, and the use of this leave will not result in higher direct expenditures.
Revenues:
This administrative regulation does not generate revenue.
Cost Savings:
This administrative regulation itself will not result in cost savings.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
A difference in financial impact is not anticipated in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Not applicable
(a) Estimate the following for the first year:
Expenditures:
Not applicable
Revenues:
Not applicable
Cost Savings:
Not applicable
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Not applicable
(4) Identify additional regulated entities not listed in questions (2) or (3):
Not applicable
(a) Estimate the following for the first year:
Expenditures:
Not applicable
Revenues:
Not applicable
Cost Savings:
Not applicable
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Not applicable
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
This administrative regulation does not have a significant fiscal impact.
(b) Methodology and resources used to determine the fiscal impact:
The provisions of this administrative regulation were reviewed, and a significant fiscal impact was not identified.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
An overall negative or adverse major economic impact is not anticipated.
(b) The methodology and resources used to reach this conclusion:
The provisions of this administrative regulation were reviewed, and a significant fiscal impact was not identified.
PERSONNEL CABINET
(Amendment)
101 KAR 3:015.Leave requirements for unclassified service.
Section 1.
Annual Leave.(1)
Accrual of annual leave.(a)
Each full-time employee shall accumulate annual leave at the following rate:| Months ofService | Annual Leave Days |
| 0-59 months | 1 leave day per month; 12 per year |
| 60-119months | 11/4 leavedayspermonth; 15 per year |
| 120-179months | 11/2 leavedayspermonth; 18 per year |
| 180-239months | 1 3/4 days per month; 21 per year |
| 240months & 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. This shall not include hours worked in excess of the prescribed hours of duty.(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 shall receive credit for months of prior service, unless the employee had been dismissed for cause or has retired from a position covered by a state retirement system.(f)
A part-time employee shall not be entitled to accrue annual leave.(2)
Use and retention of annual leave.(a)
Annual leave shall be used in increments 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, 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 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, leave shall be calculated as established in the following table:| Months of Service | Maximum Amount | 37.5 Hour Week Equivalent | 40Hour Week Equivalent |
| 0-59 | 30 work-days | 225 hours | 240 hours |
| 60-119months | 37 work- days | 277.50hours | 296 hours |
| 120-179months | 45 work- days | 337.50hours | 360 hours |
| 180-239months | 52 work- days | 390 hours | 416 hours |
| 240months and over | 60 work- days | 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, or terminated other than for cause, the employee shall be paid in a lump sum for accumulated annual leave.2.
The accumulated annual leave for which the employee 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; andb.
Be removed from the balance.(b)
If an employee is laid off, the employee 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 an employee who resigns one (1) day and is employed the next workday, shall retain the accumulated leave in the receiving agency.(d)
An employee who has been dismissed for cause shall not be paid for accumulated annual leave.(e)
An appointing authority may withhold payment of accumulated annual leave for an employee who has failed to give proper notice of resignation or retirement as described in 101 KAR 3:050 Section 8, or who has submitted notice of resignation or retirement after receiving an intent to dismiss letter. Annual leave withheld pursuant to this paragraph shall result in a determination that the employee resigned not in good standing.(f)
Upon the death of an employee, the employee's estate shall be entitled to receive pay for the unused portion of the employee's accumulated annual leave.(g)
An employee may request in writing that accumulated annual leave not be paid upon resignation, and that all or part of the amount of accumulated annual leave that does not exceed the amount established by this section be waived, if:1.
The employee resigns, or is laid off, because of an approved plan of privatization of the services performed; and2.
The successor employer has agreed to credit the employee 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. This shall not include hours worked in excess of the prescribed hours of duty.(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)
A former employee who has been rehired shall receive credit for months of prior service, and shall be credited with the unused sick leave balance that existed at the time of the previous separation, unless the employee had been dismissed for cause or has retired from a position covered by a state retirement system.(h)
The total service shall be verified by the Personnel Cabinet before the leave is credited to the employee's record.(i)
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 the employee's duties for the days or hours sick leave is requested. Before an employee is permitted to return to work, if requested by the appointing authority, the employee shall obtain and present a fitness-for-duty certification from an appropriate medical health care professional indicating the employee is able to resume work;3.
Is required to care for or transport a member of the employee's 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;4.
Would jeopardize the health of the employee or others at the employee's work station because of a contagious disease or communicable condition. Before an employee is permitted to return to work, if requested by the appointing authority, the employee shall obtain and present a fitness-for-duty certification from an appropriate medical health care professional indicating the employee is able to resume work; or5.
Demonstrates behavior that might endanger the employee or others. Before an employee is permitted to return to work, if requested by the appointing authority, the employee shall obtain and present a fitness-for-duty certification from an appropriate medical health care professional indicating the employee is able to resume work.(b)
At the termination of sick leave with pay, the appointing authority shall return the employee to the employee's 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 on 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 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 accumulated sick leave in the receiving agency.(g)
An employee shall be credited for accumulated sick leave if separated by proper resignation, layoff, or retirement.(h)
The duration of an interim employee's appointment shall not be extended by the use or approval for sick leave with or without pay.(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; and2.
The employee has used or been paid for all accumulated annual, sick, and compensatory leave unless the employee has requested to retain up to ten (10) days of accumulated sick leave.(b)
Within an employee's first twelve (12) months of employment after initial appointment, 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 in a calendar year.(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) continuous 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 the employee's duties with or without reasonable accommodation.(e)
If an employee has given notice of the employee's ability to resume duties following sick leave by personnel action, the appointing authority shall return the employee to the original position or to a position for which the employee is qualified and which resembles the 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;3.
The employee's salary upon return to work; and4.
The employee's new annual increment date, if applicable.(f)
If reasonable accommodation is requested, the employee shall:1.
Inform the employer; and2.
Upon request, provide supportive documentation from a certified professional.(g)
An employee shall be deemed resigned if the employee: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 the employee's former position or to a position for which the employee is qualified and which resembles the former position as closely as circumstances permit;4.
Has been given priority consideration by the appointing authority for a vacant, budgeted position with the same agency, for which the employee is qualified and is capable of performing its essential functions with or without reasonable accommodation; and5.
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)
Except as provided by Section 4 of this administrative regulation, an employee shall use accrued paid leave concurrently with FMLA leave, except an employee may reserve up to ten (10) days of accumulated sick leave while on FMLA leave. If an employee reserves accumulated sick leave, the remaining FMLA leave shall be unpaid. The employee shall satisfy all requirements of this administrative regulation for use of accrued paid leave only in connection with the receipt of such payment.Section 4.
Employer Paid Leave.(1)
Notwithstanding the eligibility requirements of the FMLA, a full-time employee shall be entitled to a maximum of six (6) weeks of continuous employer paid leave for one or more of the following reasons:(a)
For the birth of a child, and to care for the newborn child if the leave is taken within one (1) year of the child's birth;(b)
For placement with the employee of a child for adoption or foster care if the leave is taken within one (1) year of the child's placement; or(c)
Because of a serious health condition that makes an employee unable to perform the functions of the employee's job.(2)
Employer paid leave shall comply with the requirements of the FMLA of 1993, 29 U.S.C. 2601 – 2654, and the federal regulations implementing the Act, 29 C.F.R. Part 825. Any leave entitlements provided by the FMLA that are not specifically listed in this section shall not qualify for employer paid leave.(3)
Leave that qualifies as employer paid leave shall be so designated and shall be exhausted prior to the employee's use of other accrued leave for an employer paid leave qualifying condition.(4)
Upon exhaustion of employer paid leave, additional leave usage shall comply with the other provisions of this administrative regulation, to include provision of medical documentation signed by a licensed practitioner certifying the employee's continued need for leave.(5)
Employer paid leave shall be used only on a continuous basis for absences of three (3) or more consecutive days.(6)
An employee shall be eligible for six (6) weeks of employer paid leave upon appointment.(7)
An employee shall request advance approval to use employer paid leave.(8)
Employer paid leave shall renew for a new six (6) week period following the completion of 120 months of service and following the completion of 240 months of service. Renewal shall void the remaining employer paid leave allotment so that the maximum amount of leave available pursuant to this section shall not exceed six (6) weeks.(9)
If an employee returns to work from employer paid leave but does not use the entire six (6) weeks of continuous employer paid leave, the remaining leave allotment may be utilized by the employee until renewal at 120 months of service or 240 months of service as described in subsection (8).(10)
If an employee returns to state service following a break in service, the leave allotment authorized in subsection (6) shall not renew. The allotment schedule outlined in subsection (8) shall not reset after a break in service.(11)
Upon separation from state service, an employee shall not be paid for any unused employer paid leave, and the unused balance of leave shall not be converted to any other type of leave or transfer to the employee's retirement account.(12)
When FMLA is applicable, an employee shall use employer paid leave concurrently with FMLA leave.(13)
On the effective date of this administrative regulation, an incumbent full-time employee shall be granted six (6) weeks of employer paid leave that may be used in accordance with this section.Section 5.
Court Leave.(1)
With prior notice to their supervisor, an employee shall be entitled to court leave during the employee's 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.(2)
Court leave shall include necessary travel time.(3)
If relieved from duty as a juror or released from subpoena during the employee's 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 the employee's assigned duties.(5)
An employee shall not be eligible for court leave to comply with a subpoena if the employee or a member of the employee's family is a party to the proceeding.Section 6.
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, KRS Chapter 337, 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.
An employee's 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 employee's 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 workweek following receipt of the election. The employing agency shall not mandate an employee's election of compensatory leave or paid overtime.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 used in increments of one-quarter (1/4) hours.(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 nonpolicy-making position; or2.
480 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 is not in a policy-making position and 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 accumulation of 240 hours of compensatory leave at the end of a pay period. If a work week is split between pay periods, then the 240 hours of compensatory leave required for payment shall be accrued at the end of the pay period following the split pay period week. 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; and2.
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 the employee's:1.
Regular hourly rate of pay; or2.
Average regular rate of pay for the final three (3) years of employment.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 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 8.
Voting and Election Leave.(1)
An employee who is eligible and registered to vote shall be allowed, upon prior request and approval, leave up to four (4) hours for the purpose of voting or to appear before the county clerk to request an application for or to execute an absentee ballot. A supervisor, manager, or appointing authority may specify the hours an employee may be absent.(2)
An employee casting an absentee ballot shall record the leave on the day the employee's vote is cast by mail or in-person submission. An employee shall be regularly scheduled to work on the day the vote is cast in order to receive the leave.(3)
An election officer shall receive additional leave if the total leave for Election Day does not exceed a regular workday.(4)
The absence shall not be charged against leave.(5)
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 9.
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 five (5) 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 10.
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 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 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 a work-related incident, or pending an investigation of an allegation of employee misconduct, lack of good behavior, or unsatisfactory performance of duties.(a)
Leave shall not exceed sixty (60) working days.(b)
The employee shall be notified in writing by the appointing authority that the employee 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 maintained in accordance with KRS 18A.020(2)(a).(d)
The appointing authority shall notify a current employee, in writing, of the completion of the investigation and the action taken.(4)
An appointing authority may place a career unclassified employee on administrative leave with pay upon the employee's receipt of an intent to dismiss for cause letter.(5)
Discretionary leave with pay.(a)
An appointing authority may grant, or the secretary may direct, discretionary leave with pay to an employee for a period not to exceed ten (10) working days in a calendar year when it is considered necessary for the welfare of the employee.(b)
Reasons for discretionary leave with pay are limited to work-related events.(c)
An appointing authority, with approval of the secretary, may renew discretionary leave with pay, not to exceed an additional twenty (20) working days.(d)
Leave granted pursuant to this subsection may be taken intermittently if authorized by the appointing authority.Section 11.
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 five (5) working days shall be deemed resigned.Section 12.
Absences Due to Adverse Weather.(1)
With supervisor approval, an employee who is unable to report to work or chooses to leave early if there are 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)
Charged to paid adverse weather leave in accordance with subsection (4) of this section.(2)
An employee who is on prearranged annual, compensatory, or sick leave shall charge leave as originally requested.(3)
An employee who is approved to telecommute shall not be eligible for adverse weather leave unless his or her telecommuting equipment is not operational or cannot be accessed during scheduled telecommuting hours due to adverse weather conditions.(4)
An employee, including an employee in a mandatory operation, who has supervisor approval, shall be eligible to use paid adverse weather leave subject to the following conditions:(a)
The amount of adverse weather leave shall not exceed one working day in a calendar year based on the employee's weekly work schedule;(b)
The leave shall be used in increments of one-quarter (1/4) hours; and(c)
The unused portion of the one-day allotment for paid adverse weather leave shall expire upon separation from employment or at the end of the calendar year, whichever comes first.(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 shut-down 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 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 6 of this administrative regulation and the Fair Labor Standards Act, 29 U.S.C. Chapter 8.Section 13.
Blood Donation Leave.(1)
An employee who, during scheduled work hours, donates whole 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 when the blood is donated, 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.(5)
A donation initiated or attempted during an employee's lunch period is outside of scheduled work hours and shall not qualify for any amount of blood donation leave.Section 14.
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. The material incorporated by reference is also available on the Personnel Cabinet's Web site on the Documents in Demand page at: https://personnel.ky.gov/.MARY ELIZABETH BAILEY, Secretary
ANDY BESHEAR, Governor
APPROVED BY AGENCY: December 13, 2024
FILED WITH LRC: December 16, 2024 at 10:35 a.m.
PUBLIC HEARING AND COMMENT PERIOD: A public hearing on this administrative regulation shall be held on March 21, 2025, at 10:00 a.m. at 501 High Street, Frankfort, Kentucky 40601. Individuals interested in being heard at this hearing shall notify this agency in writing five (5) workdays prior to the hearing, of their intent to attend. If no notification of intent to attend the hearing is received by that date, the hearing may be cancelled. This hearing is open to the public. Any person who wishes to be heard will be given an opportunity to comment on the proposed administrative regulation. A transcript of the public hearing will not be made unless a written request for a transcript is made. If you do not wish to be heard at the public hearing, you may submit written comments on the proposed administrative regulation. Written comments shall be accepted until 11:59 p.m. on March 31, 2025. Send written notification of intent to be heard at the public hearing or written comments on the proposed administrative regulation to the contact person.
CONTACT PERSON: Rosemary Holbrook, Executive Director, Office of Legal Services, 501 High Street, 3rd floor, Frankfort, Kentucky 40601, phone: (502) 564-7430, fax: (502) 564-0224, email: RosemaryG.Holbrook@ky.gov.
REGULATORY IMPACT ANALYSIS AND TIERING STATEMENT
Contact Person:
Rosemary Holbrook
(1) Provide a brief summary of:
(a) What this administrative regulation does:
This regulation details the various types of leave available to KRS Chapter 18A unclassified employees.
(b) The necessity of this administrative regulation:
This administrative regulation is necessary to establish the various types of leave available to KRS Chapter 18A unclassified employees, and the requirements for these types of leave.
(c) How this administrative regulation conforms to the content of the authorizing statutes:
Pursuant to 18A.030(2), the Personnel Cabinet Secretary is required to promulgate comprehensive regulations consistent with the provisions for KRS Chapter 18A. KRS 18A.110(7)(f) and KRS 18A.155 require the Secretary of Personnel to promulgate administrative regulations which govern leave.
(d) How this administrative regulation currently assists or will assist in the effective administration of the statutes:
This regulation assists in the consistent application and treatment for unclassified employees on all employment leave matters.
(2) If this is an amendment to an existing administrative regulation, provide a brief summary of:
(a) How the amendment will change this existing administrative regulation:
A new section is added to provide for employer paid leave for qualifying reasons. The adverse weather leave section is amended to add up to one day of paid leave in a calendar year, while removing the option to charge time to adverse weather leave and subsequently make-up the time.
(b) The necessity of the amendment to this administrative regulation:
This amendment is necessary to implement initiatives that enhance employment market competitiveness for KRS Chapter 18A service.
(c) How the amendment conforms to the content of the authorizing statutes:
Pursuant to 18A.030(2), the Personnel Cabinet Secretary is required to promulgate comprehensive regulations consistent with the provisions for KRS Chapter 18A. KRS 18A.110(7)(f) and KRS 18A.155 require the Secretary of Personnel to promulgate administrative regulations which govern leave.
(d) How the amendment will assist in the effective administration of the statutes:
This amendment assists in the consistent application and treatment for unclassified employees on all employment leave matters.
(3) List the type and number of individuals, businesses, organizations, or state and local governments affected by this administrative regulation:
All KRS Chapter 18A unclassified employees and their agencies are affected.
(4) Provide an analysis of how the entities identified in question (3) will be impacted by either the implementation of this administrative regulation, if new, or by the change, if it is an amendment, including:
(a) List the actions that each of the regulated entities identified in question (3) will have to take to comply with this administrative regulation or amendment:
No additional action is required. Agencies will continue to review employee leave requests and monitor usage.
(b) In complying with this administrative regulation or amendment, how much will it cost each of the entities identified in question (3):
Agencies provide paid leave benefits from existing agency funds. The cost of a state employee is already established, and the use of this leave will not result in higher direct expenditures.
(c) As a result of compliance, what benefits will accrue to the entities identified in question (3):
Full-time employees in KRS Chapter 18A service will be entitled to six (6) weeks of employer paid leave for qualifying conditions. Employees will also be eligible for one day of paid adverse weather leave per calendar year.
(5) Provide an estimate of how much it will cost the administrative body to implement this administrative regulation:
(a) Initially:
This regulation, as amended, is not anticipated to generate any new or additional costs.
(b) On a continuing basis:
This regulation, as amended, is not anticipated to generate any new or additional costs.
(6) What is the source of the funding to be used for the implementation and enforcement of this administrative regulation:
This regulation, as amended, is not anticipated to generate any new or additional costs.
(7) Provide an assessment of whether an increase in fees or funding will be necessary to implement this administrative regulation, if new, or by the change if it is an amendment:
This regulation, as amended, is not anticipated to generate any new or additional fees or funding.
(8) State whether or not this administrative regulation establishes any fees or directly or indirectly increases any fees:
This regulation, as amended, is not anticipated to generate any new or additional fees.
(9) TIERING: Is tiering applied?
No. This regulation, as amended, treats all impacted entities the same.
FISCAL IMPACT STATEMENT
(1) Identify each state statute, federal statute, or federal regulation that requires or authorizes the action taken by the administrative regulation.
KRS 18A.030(2)(b), 18A.110, 29 U.S.C. 201 – 219, 2601 – 2654
(2) Identify the promulgating agency and any other affected state units, parts, or divisions:
The Personnel Cabinet is the promulgating agency. All state agencies with employees covered under KRS Chapter 18A are affected.
(a) Estimate the following for the first year:
Expenditures:
Agencies provide paid leave benefits from existing agency funds. The cost of a state employee is already established, and the use of this leave will not result in higher direct expenditures.
Revenues:
This administrative regulation does not generate revenue.
Cost Savings:
This administrative regulation itself will not result in cost savings.
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
A difference in financial impact is not anticipated in subsequent years.
(3) Identify affected local entities (for example: cities, counties, fire departments, school districts):
Not applicable
(a) Estimate the following for the first year:
Expenditures:
Not applicable
Revenues:
Not applicable
Cost Savings:
Not applicable
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Not applicable
(4) Identify additional regulated entities not listed in questions (2) or (3):
Not applicable
(a) Estimate the following for the first year:
Expenditures:
Not applicable
Revenues:
Not applicable
Cost Savings:
Not applicable
(b) How will expenditures, revenues, or cost savings differ in subsequent years?
Not applicable
(5) Provide a narrative to explain the:
(a) Fiscal impact of this administrative regulation:
This administrative regulation does not have a significant fiscal impact.
(b) Methodology and resources used to determine the fiscal impact:
The provisions of this administrative regulation were reviewed, and a significant fiscal impact was not identified.
(6) Explain:
(a) Whether this administrative regulation will have an overall negative or adverse major economic impact to the entities identified in questions (2) - (4). ($500,000 or more, in aggregate)
An overall negative or adverse major economic impact is not anticipated.
(b) The methodology and resources used to reach this conclusion:
The provisions of this administrative regulation were reviewed, and a significant fiscal impact was not identified.