AP III, Sec. 5 Workplace regulations
Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of JusticeEffective: February 1, 2021
Effective: February 1, 2021
Administrative Procedures, AP III, Sec. 5
AP III, Sec. 5 Workplace regulations
SECTION 5.01 Minimum Age of Employment
No appointing authority in the KCOJ may employ a minor.
SECTION 5.02 Hours of Business
(5) Part-time employees must work 80 hours or less within a calendar month and cannot exceed this amount except under extraordinary circumstances and only with prior written approval from the AOC Director or designee, or the HR Director. An employee in a part-time position will not be approved to work more than 99.5 hours in a calendar month.
SECTION 5.03 Compensatory Leave
(1) The appointing authority must comply with the compensatory leave provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., and the Kentucky Wages and Hours Law, KRS Chapter 337. An employee who works more than 37.5 hours per week must receive compensatory leave subject to the provisions of the FLSA, the Kentucky Revised Statutes and these Policies. Employees may not work any hours in excess of the prescribed hours of duty unless authorized by the appointing authority.
SECTION 5.04 Payroll
(5) An employee who has received an overpayment affecting his or her W-2 earnings, taxes, retirement contributions, and other deductions must return the overpayment immediately to the AOC upon request. Adjustments to earnings, taxes, and other funds, including those requiring a corrected W-2, will not be made until full payment has been received.
SECTION 5.05 Timesheets
(1) Each full-time, part-time, and temporary employee must complete and submit a timesheet within the scheduled deadline provided by the AOC HR Department. These deadlines will be scheduled in accordance with payroll pay periods. An employee's failure to submit a timesheet within the required period may result in future withholding of wages until hours worked can be verified and, therefore, earned.
SECTION 5.06 Inclement Weather Policy
(ii) If operational needs allow, appointing authorities should make every reasonable effort to arrange schedules to allow employees to make up time not worked. An employee has four months from the occurrence of the absence to make up any time missed due to inclement weather. At the end of the four-month period, any time missed due to inclement weather will be deducted first from available compensatory leave and then from available annual leave. If the employee has no compensatory or annual leave available, the employee will have the missed time charged to leave without pay. If the employee transfers to another branch of government or is no longer employed by the KCOJ before the missed time is made up, the missed time will be deducted first from available compensatory leave and then from available annual leave or deducted from the employee's final pay.
(3) The Chief Circuit Judge may, after conferring with the Chief District Judge and the Circuit Court Clerk(s), decide to close a courthouse due to inclement weather. If the Chief Circuit Judge closes a courthouse, employees must account for any time missed as provided under subsections (1)(a)-(b) of this section.
(b) Nothing in this subsection shall preclude an individual Judge within a circuit from holding court in instances of inclement weather. If a court remains open in instances of inclement weather, the Circuit Court Clerk shall have the sole responsibility for providing court staff from his or her office.
(4) The AOC will make every effort to remain open during regular business hours. The AOC Director or designee may, after consulting with the Chief Justice, close AOC facilities if inclement weather prevents or limits access to AOC facilities. If the AOC Director closes AOC facilities, employees must account for any time missed as provided under subsections (1)(a)-(b) of this section.
SECTION 5.07 Court Closures Unrelated to Weather
(a) The courts of the Commonwealth are considered open for business every day except as noted in the holiday schedule in Section 6.02 of these Policies. However, extraordinary circumstances other than inclement weather may render use of court facilities impractical or impossible, thus necessitating that an office be closed.
SECTION 5.08 Tenured Employee Evaluations
(3) The appointing authority or designee will forward a signed copy of the evaluation and the employee's written response, if any, to the AOC HR Department for the employee's official personnel file. Employee evaluations are not subject to the grievance or appeal procedures set forth in Section 8 of these Policies unless the performance review results in the denial of benefits or wages.
(a) Each employee's official personnel file will include, but not be limited to: information regarding his or her name and name changes; address and address changes; title of positions held; classifications; and rates of compensation, including any documentation related to any change in compensation.
The official personnel file also will include the following:
(b) All employee medical information must be forwarded to the AOC HR Department. Medical records supplied to or received by the AOC HR Department will be maintained in a separate file from the employee's official personnel file. The release or inspection of any medical records will be in strict compliance with applicable law.
(e) Upon request, an employee, former employee, or applicant shall have the right to inspect and to copy his or her official personnel file or application. Employees may comment in writing on any item in their personnel file. All comments will be made part of the official personnel file and attached to the specific record or document at issue.
(a) All third-party requests for employment information must be submitted in writing to the AOC HR Department and clearly identify the current or former KCOJ employee or official. In response, the AOC HR Department will release an Employee Information for Public Release form. The Employee Information for Public Release Form will contain only the following information:
Adopted by Order 2021-05, eff. 2-1-21.
Administrative Procedures, AP III, Sec. 5, KY ST ADMIN P AP III, Sec. 5
Current with amendments received through June 1, 2023. Some sections may be more current, see credits for details.
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