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AP III, Sec. 5 Workplace regulations

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of Justice

Baldwin's Kentucky Revised Statutes Annotated
Administrative Procedures of the Court of Justice
Part III. Personnel Policies
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
(1) Business office hours may vary according to specific offices and work assignments. The appointing authority or designee will discuss exact business hours and work schedules with each employee.
(2) Employees will not work seven consecutive days in any business week unless the employee receives prior written authorization from the appointing authority. The KCOJ business week is Sunday through Saturday.
(3) The business week for permanent full-time employees is 37.5 hours.
(4) Employees working seven consecutive days in any single business week will be compensated at the rate of time and one-half for all hours worked on the seventh day if they have worked at least 40 hours during that week.
(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.
(6) All employees must be given a reasonable lunch break and a 10-minute break period during each four hours worked as prescribed by law.
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. No employee may work hours in excess of the prescribed hours of duty unless authorized by the appointing authority.
(2) An employee who is authorized to work one or more hours in excess of the prescribed hours of duty will receive compensatory leave as follows:
(a) On an hour-for-hour basis for hours worked in excess of 37.5 hours and up to 40 hours during the business week; and
(b) One and one-half hours for every hour worked during the business week in excess of 40 hours.
(3) No employee will be permitted to work in excess of 12 hours in one day without prior approval of the appointing authority.
(4) Employees who accumulate 120 or more hours of compensatory leave must use compensatory leave instead of annual leave when a leave request is granted, with the exception of employees who have submitted their intent to retire within 12 months to the AOC HR Department.
(5) Employees who reach compensatory leave balances exceeding 180 hours must reduce their balances by taking approved leave as soon as administratively possible. The employee's leave will be designated as compensatory leave when the leave is used.
(6) The maximum amount of compensatory leave that may be earned by an employee is 240 hours. The appointing authority may not direct or authorize an employee who has accumulated 240 hours of compensatory leave to work one or more hours in excess of the prescribed hours of duty.
(7) No employee is allowed to use compensatory leave prior to the compensatory leave being earned.
(8) If the appointing authority exhibits a pattern of failure to comply with the requirements of this section without good cause, the AOC HR Director must refer the matter to the appropriate disciplinary authority.
(9) Employees will be paid for unused compensatory leave upon separation from employment with the KCOJ.
(10) Upon the death of an employee, his or her estate will be entitled to payment for the unused portion of the employee's compensatory leave, up to a maximum of 240 hours.
SECTION 5.04 Payroll
(1) The KCOJ is required by law to make specific deductions from payroll checks. The mandatory deductions are federal, state, and local taxes; Federal Insurance Contribution Act (FICA) tax; state retirement, if applicable; and court-ordered deductions.
(2) Additional deductions may be requested in writing to the AOC HR Department (for example, deductions for group insurance plans).
(3) Payroll dates are the 15th and 30th of each month unless those dates fall on a holiday or weekend, in which case the pay date will be the last business day of that pay period.
(4) All elected officials and employees must enroll in direct deposit.
(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.
(2) The appointing authority or designee must review and approve or deny the timesheet for each employee. Failure to approve an employee's timesheet may result in future withholding of that employee's wages until worked hours can be verified.
(3) Elected officials do not complete or submit a personal timesheet, nor do these elected individuals earn leave benefits under Sections 5.03, 6.02, 7.02, 7.03, 7.05, and 7.06 of these Policies.
SECTION 5.06 Inclement Weather Policy
(1) When inclement weather conditions prevent an employee from reporting to work at the normal time or when an employee decides not to report for work or to leave work early due to weather conditions, the following apply:
(a) Employees must use accumulated annual and/or compensatory leave time for a late arrival, missed work day, or early departure.
(b) If an employee does not have sufficient annual and/or compensatory leave to cover his or her absence, the employee may choose one of the following options:
(i) The employee may take leave without pay for the late arrival, early departure, or missed work hours; or
(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.
(2) Any employee who is scheduled off work on annual leave, compensatory leave, or sick leave that was arranged prior to the inclement weather must use the leave as originally approved.
(3) The Chief Circuit Judge may, after conferring with the Chief District Judge and the Circuit Court Clerk, 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) above.
(a) If a courthouse is closed by the Chief Circuit Judge, AOC personnel whose workstations are located in that circuit shall contact their appointing authority to determine if they should report to an alternate workstation.
(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)-(c) above.
SECTION 5.07 Court Closures Unrelated to Weather
(1) Administrative Office of the Courts
(a) The AOC will make every effort to remain open during regular business hours. The AOC Director or designee may, after consultation with the Chief Justice, close AOC facilities if extraordinary circumstances other than inclement weather prevent or limit access to AOC facilities.
(b) If the AOC Director or designee closes AOC facilities due to extraordinary circumstances:
(i) Full-time employees will accrue special leave for a maximum of 7.5 hours, less any hours actually worked, for each day the AOC facility is closed.
(ii) Any employee who is on leave that was arranged prior to the closure must use the leave as originally requested.
(2) Courthouse Closures
(a) The courts of the Commonwealth are considered open for business every day except as noted in the holiday schedule in Section 6.02. However, extraordinary circumstances other than inclement weather may render use of court facilities impractical or impossible, thus necessitating that an office be closed.
(b) The Chief Circuit Judge, after conferring with the Chief District Judge and the Circuit Court Clerk(s), will decide whether courthouses will be closed in the circuit.
(c) If the Chief Circuit Judge closes the courthouse due to an extraordinary circumstance other than inclement weather:
(i) Full-time employees will accrue special leave for a maximum of 7.5 hours, less any hours actually worked, for each day the courthouse is closed.
(ii) Any employee who is on leave that was arranged prior to the closure must use the leave as originally requested.
(iii) The Chief Circuit Judge must notify the AOC HR Department, in writing within two business days, of the date, time, location, and reason for the closure. Failure to properly notify the HR Department will result in the loss of special leave for employees.
(d) Nothing in this subsection shall preclude an individual Judge within a circuit from holding court in instances of extraordinary circumstances. If a court remains open, the Circuit Court Clerk shall have the sole responsibility for providing court staff from his or her office.
(e) If a courthouse is closed by the Chief Circuit Judge, AOC personnel whose workstations are located in that circuit shall contact their appointing authority. Only the AOC Director or designee may grant special leave to an AOC employee due to the closure of an AOC office.
SECTION 5.08 Tenured Employee Evaluations
(1) The appointing authority or designee may prepare an annual written evaluation for each tenured employee. The employee will be provided a copy of the evaluation.
(2) The appointing authority or designee should review and discuss the evaluation with the employee. The employee must sign the evaluation and be given the opportunity to provide a written response.
(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.
(4) Elected officials do not receive a written evaluation.
SECTION 5.09 Personnel Files
(1) General
(a) The official personnel files of the KCOJ are open to public inspection only as provided below.
(b) The official personnel files will be maintained by the AOC HR Department.
(i) Each elected official and employee will have an official personnel file.
(ii) Official personnel files will not be removed from the AOC HR Department unless required by court order.
(2) Official Personnel Files
(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:
(i) A copy of the employee's application and resumé and all changes in the employee's status, including a copy of any evaluations, promotions, demotions, layoffs, transfers, or disciplinary actions, and the employee's written responses;
(ii) The employee's commendations and awards;
(iii) A copy of all PAR forms and memoranda; and
(iv) A signed acknowledgment of having received the KCOJ and internal policies.
(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.
(c) The appointing authority must provide the AOC HR Department with a copy of any disciplinary actions and the employee's written response, if any, for the employee's personnel file.
(d) The appointing authority or designee will have access to personnel files of the employees and the applicants for employment in his or her office.
(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.
(3) Inspection Procedures
(a) An employee's request to personally inspect his or her personnel file must be submitted to the AOC HR Department in writing.
(b) The following information contained in personnel files may be inspected only upon valid court order:
(i) Information of a personal nature regarding another employee or any other person where public disclosure would constitute a clearly unwarranted invasion of personal privacy;
(ii) Information that is prohibited by federal law or regulation from disclosure; and
(iii) Information that is prohibited or restricted from disclosure or otherwise made confidential by the statutes and court rules of this Commonwealth.
(4) Third-Party Requests
(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:
(i) The employee's name;
(ii) The employee's dates of employment, including date of hire and separation, if any;
(iii) If the employee has separated from the KCOJ, the reason for separation as one of the following: resigned, retired, or dismissed.
(iv) A listing of all the position titles the employee has held and the effective dates of each;
(v) A listing of all the classifications assigned to the employee and the effective dates of each; and
(vi) A listing of all the rates of compensation assigned to the employee and the effective dates of each.
(b) The AOC HR Department will provide written notice to employees and to appointed or elected officials of any third-party request for personnel information.

Credits

HISTORY: Adopted eff. 4-15-18
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Administrative Procedures, AP III, Sec. 5, KY ST ADMIN P AP III, Sec. 5
Current with amendments received through October 1, 2019.
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