AP III, Sec. 7 Leave policies
Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of JusticeEffective: February 1, 2021
Effective: February 1, 2021
Administrative Procedures, AP III, Sec. 7
AP III, Sec. 7 Leave policies
SECTION 7.01 Months of Service
Only those months for which an employee has worked or been in paid status for at least 100 hours will be eligible for computing months of service for the purpose of earning annual or sick leave. An employee must be employed for one full calendar month to be eligible to accrue a month of service.
SECTION 7.02 Annual Leave
Full-time employees earn annual leave at the following rates:
Months (Years) of Service
Annual Leave Hours (Days) Accrued
0-59 months (0-5 years)
7.50 hours per month (1 day)
60-119 months (5-10 years)
9.38 hours per month (1.25 days)
120-179 months (10-15 years)
11.25 hours per month (1.50 days)
180-239 months (15-20 years)
13.13 hours per month (1.75 days)
240 months (20 years) and over
15.00 hours per month (2.00 days)
Months (Years) Service
0-59 months (0-5 years)
60-119 months (5-10 years)
120-179 months (10-15 years)
180-239 months (15-20 years)
240 months (20 years) and over
(b) Use of annual leave will be granted by the appointing authority or designee based on operating requirements and, if possible, as requested by the employee. However, if an employee has accumulated 120 or more hours of compensatory leave at the time the approved leave is used, the approved annual leave will first be designated as compensatory leave. See Section 5.03 of these Policies.
SECTION 7.03 Sick Leave
(h) Even if a request for family and medical leave is not submitted pursuant to Section 7.04(3) of these Policies, an employee's absence from work may be designated by the AOC HR Department as family and medical leave if the appointing authority or AOC HR Department has sufficient information that the employee is otherwise eligible for family and medical leave pursuant to Section 7.04(2)(a)-(h) of these Policies. Neither the employee nor the KCOJ may decline or delay a family and medical leave designation once an eligible employee has communicated a need to take leave for a reason listed in Section 7.04(2)(b)(i-viii) of these Policies.
(v) The AOC HR Department may require an employee receiving sick leave sharing to provide initial and periodic medical certifications from his or her treating physician or advanced practice registered nurse showing the employee's continued need for sick leave due to an inability to perform the essential functions of his or her work duties.
(vi) No employee shall directly or indirectly intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce any other employee for the purpose of interfering with the employee's right to voluntarily contribute sick leave when authorized under this section. For the purpose of this subsection, “intimidate, threaten, or coerce” includes, but is not limited to, promising to give or giving a benefit or effecting or threatening to effect any reprisal.
An appointing authority, including an elected official, may permit an employee to receive sick leave under this section if:
(ii) Sick leave donations to a KCOJ employee must be made by the donating employee on his or her timesheet. Sick leave donations to an employee in another branch of government must be made on the Sick Leave Sharing Donor Form and given to the appointing authority for review and signature. The appointing authority will forward the signed Sick Leave Sharing Donor Form to the AOC HR Department.
Earned sick leave with pay is intended as a benefit when there is a bona fide need for it. The KCOJ has defined the terms for using sick leave very broadly, recognizing that there are many circumstances other than an employee's own unexpected illness when he or she might justifiably claim sick leave.
Sick leave cannot, however, be used for unnecessary occasions when it would be convenient for an employee to be absent. For those times, the employee must apply for annual or compensatory leave. The employee who abuses sick leave causes either a work slow-down or places an unfair strain upon fellow workers who must do the work in his or her absence. In consideration for fellow workers, the agency, and the people the KCOJ serves, employees should use sick time wisely.
SECTION 7.04 Family and Medical Leave
(b) The KCOJ recognizes that FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided under the Act. FMLA also makes it unlawful for any employer to discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
(vii) Meets certain qualifying exigencies arising out of his or her spouse's, child's, or parent's deployment, covered active duty status, or notification of an impending call or order to covered active duty status, in or to a foreign country (“qualifying exigency leave”). Qualifying exigency leave only applies to families of members in the Armed Forces, including the National Guard and Reserves, and certain retired members of the military. Qualifying exigency leave includes short-notice deployment, certain military events, and related activities, certain child care and school activities, addressing certain financial and legal arrangements, attending certain counseling activities, rest and recuperation, attending certain post-deployment activities, and additional purposes arising out of the call to duty, as agreed on by the employee and employer; or
(viii) Is caring for his or her spouse, son, daughter, parent or next of kin (nearest blood relative) who is a covered service member. A covered service member is a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy; is otherwise in outpatient status; or is otherwise on the temporary disability retired list for a serious injury or illness; or a veteran who was a member of the Armed Forces, including the National Guard or Reserves, at any time during the five years preceding the date on which the veteran underwent that medical treatment, recuperation, or therapy.
(c) A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job, or prevents the qualified member of the employee's family from participating in school or other daily activities.
(e) A medical condition will be deemed a serious injury or illness for purposes of paragraph (b)(viii) of this subsection if the injury or illness was incurred or aggravated in the line of active duty and causes the member to be medically unfit to perform the duties of the member's office, grade, rank, or rating, and for which the service member is:
(f) An eligible employee as defined in subsection (2)(b)(i-vii) of this section is entitled to 12 weeks of family and medical leave during a 12-month period. An eligible employee as defined in subsection (2)(b)(viii) of this section is entitled to 26 weeks of family and medical leave during a single 12-month period. Each 12-month period shall start from the date that family and medical leave is first used.
(a) An employee must provide the appointing authority with a request for family and medical leave at least 30 calendar days before the leave is to begin if it is foreseeable based on an expected childbirth, placement for adoption or foster care, planned medical treatment for a serious health condition of the employee or a member of his or her family, or the planned medical treatment for a serious injury or illness of a covered service member.
(b) If the employee is unable to make the request at least 30 calendar days before the leave is to begin due to a medical emergency or change of circumstances, he or she must provide the appointing authority with a request for family and medical leave as soon as practical under the facts and circumstances of the particular case (generally the same day the employee learns of the need for leave or the next business day).
(c) An employee must request family and medical leave by completing the Application for Family and Medical Leave and submitting the application to his or her appointing authority absent unusual circumstances. The appointing authority must immediately forward the application to the AOC HR Department.
(e) Once an employee has requested family and medical leave, the AOC HR Department will inform the employee within five business days, absent extenuating circumstances, whether he or she is eligible for such leave. If the employee is eligible, the employee will be instructed as to whether any additional information is required, and as to his or her rights and responsibilities under FMLA. If the leave is not eligible, the AOC HR Department will provide at least one reason for the ineligibility.
(f) An employee who requests family and medical leave for the purpose of tending to his or her own or a member of his or her family's serious health condition, or a seriously ill or injured covered service member, must supply a certification by a health care provider within 15 calendar days after the request for leave, using the appropriate Certification of Health Care Provider Form, which includes the following:
The AOC HR Department will notify the employee in writing if it finds the certification incomplete or insufficient and will specify what additional information is necessary to make the certification complete and sufficient. The employee will then have seven calendar days to provide a corrected certification unless the deadline is not practical under the circumstances despite the employee's diligent and good faith efforts.
If the KCOJ has reason to doubt the validity of the certification provided, it may require the employee to obtain a second opinion from a physician selected by the KCOJ at the KCOJ's expense. If the second opinion is in conflict with the first, the KCOJ may require the employee, at the KCOJ's expense, to see a mutually agreed upon health care provider for a final and binding opinion.
Periodic recertification may be required to the extent permitted by law.
(g) If an employee requests intermittent family and medical leave due to a serious medical condition of the employee or member of his or her family, the employee must supply a Certification of Health Care Provider Form from a licensed health care provider stating that intermittent leave is medically necessary and indicating the expected duration of the leave.
Employees taking intermittent leave must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the business of the KCOJ. To better accommodate an employee's need for intermittent leave, the KCOJ may transfer an employee to an alternate, available position for which the employee is qualified and allow the employee to maintain equivalent pay and benefits.
(h) If the leave is to address a qualifying exigency, the eligible employee must complete a Certification of Qualifying Exigency Form, accompanied by the required supporting documentation and a copy of the covered military member's deployment and/or covered active duty orders within 15 calendar days after the request for leave.
(a) An employee who has requested family and medical leave must be notified in writing if he or she has been granted or denied family and medical leave within five business days after the AOC HR Department receives the completed and sufficient medical certification and application. At that time, the AOC HR Department will inform the employee whether the leave will be designated as family and medical leave, and, if so, the amount of leave that will be counted against the employee's leave entitlement.
(b) Even if a request for family and medical leave is not submitted pursuant to subsection (3), an employee's absence from work may be designated by the AOC HR Department as family and medical leave if the appointing authority or AOC HR Department has sufficient information that the employee is otherwise eligible for family and medical leave pursuant to subsection (2)(a)-(h) of this section. Within five business days of obtaining sufficient information, the AOC HR Department will inform the employee that the leave will be designated as family and medical leave and the amount of leave will be counted against the employee's leave entitlement. Neither the employee nor the KCOJ may decline or delay a family and medical leave designation once an eligible employee has communicated a need to take leave for a reason listed in subsection (2)(b)(i-viii) of this section.
(d) Employees who have used all of their paid leave and family and medical leave and remain unable to work for more than 100 hours in the month may only continue group health and life insurance benefits for the following month by paying the total cost of the state's contribution and their self-contribution for the benefits.
(c) Upon returning from family and medical leave, the employee will be reinstated to his or her previous position or an equivalent position. An “equivalent position” will be virtually identical in terms of pay; benefits; and working conditions, including privileges, prerequisites, and status. The equivalent position will involve duties that are substantially similar to the employee's previous position.
(e) The KCOJ reserves the right to deny restoration to any key employee if it determines substantial and grievous economic injury will result if the employee is reinstated. Key employees are salaried employees and are among the highest paid 10 percent of all employees within 75 miles of the employee's worksite.
All questions about the FMLA policy should be directed to the AOC HR Department.
SECTION 7.05 Voting Leave
(4) Employees who donate blood may receive up to four hours of leave time with pay for the purpose of donating and recovering from the donation. Leave time must be taken at the time of donation unless circumstances, as specified by the appointing authority, require the donor to return to work. In this case, the unused portion of leave time will be credited as compensatory time.
SECTION 7.07 Court Leave and Jury Duty Leave
(1) An active member of the U.S. Army Reserve, the U.S. Naval Reserve, the U.S. Air Force Reserve, the U.S. Marine Corps Reserve, the U.S. Coast Guard Reserve, the U.S. Public Health Service Reserve, or the Kentucky National Guard required to serve under order or for training duty shall be granted leave without loss of regular compensation for a period not to exceed the number of working days specified in KRS 61.394, per federal fiscal year (October-September), provided the military orders require absence from work. Any additional military leave time must be charged to accumulated annual or compensatory leave balance or be charged as leave without pay.
(3) Any employee who enters active military duty must be granted a leave of absence without pay for the period of that duty up to six years. Although the appointing authority must grant such leave, the employee must request it in order to avoid being dismissed for abandonment of position without obtaining official leave.
(5) Any employee who is the spouse of an active member of the U.S. Army Reserve, the U.S. Naval Reserve, the U.S. Air Force Reserve, the U.S. Marine Corps Reserve, the U.S. Coast Guard Reserve, the U.S. Public Health Service Reserve, or the Kentucky National Guard who is called upon to serve under federal orders (deployment) shall be granted one day paid leave prior to deployment and one day paid leave upon return from deployment, per federal fiscal year (October-September).
SECTION 7.09 Bereavement Leave
Employees will be entitled to bereavement leave for up to three work days due to the death of a member of his or her family, as defined in Section 1.04 of these Policies, or other relatives of close association if approved by the appointing authority. Employees must use accrued paid leave (compensatory, annual, or sick) or leave without pay during the absence. Upon the request of the employee, bereavement leave may be extended at the discretion of the appointing authority.
SECTION 7.10 Kentucky Living Organ Donor Leave
SECTION 7.11 Leave Without Pay
SECTION 7.12 Absence Without Prior Approval
(1) Absence without prior approval means an unauthorized or unreported absence. An employee who is absent without prior approval must report the reason for the absence to his or her appointing authority or designee within one hour of the start of the employee's work day. This mandatory time period may only be waived by the appointing authority or designee if there are extraordinary circumstances.
Adopted by Order 2021-05, eff. 2-1-21.
Administrative Procedures, AP III, Sec. 7, KY ST ADMIN P AP III, Sec. 7
Current with amendments received through September 1, 2022. Some sections may be more current, see credits for details.
|End of Document|