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AP III, Sec. 7 Leave policies

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. 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.
SECTION 7.02 Annual Leave
(1) Accrual of Annual Leave for Full-Time Employees
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)
(2) Retention of Annual Leave
(a) Annual leave may be earned and carried forward from one calendar year to the next, not to exceed:
Months (Years) of Service
Maximum Amount
0-59 months (0-5 years)
225 hours
60-119 months (5-10 years)
277.5 hours
120-179 months (10-15 years)
337.5 hours
180-239 months (15-20 years)
390 hours
240 months (20 years) and over
450 hours
(b) Accumulated annual leave in excess of the above maximum amounts will be converted to sick leave at the end of each calendar year or upon the employee's separation from employment, if applicable.
(3) Use of Annual Leave
(a) An employee must obtain approval from his or her appointing authority or designee prior to the use of annual leave, except as noted in subsection (c).
(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).
(c) Absence due to sickness, injury, or disability that exceeds an employee's earned sick leave balance may be charged against annual leave.
(d) An employee may use annual leave for any absence on a day in which the employee would otherwise work and receive pay.
(e) Absence for part of a work day that is used as annual leave must be reported in 15-minute increments (.25 hours).
(4) Payment of Unused Accumulated Annual Leave
(a) Employees will be paid in a lump sum for annual leave, not to exceed the maximum amounts set forth in the table under subsection (2)(a), when separated from employment by proper resignation, layoff, dismissal, or retirement.
(b) Elected officials who earned annual leave prior to being sworn into the elected office will be paid for their unused annual leave at the time they take office.
(c) Upon the death of an employee, his or her estate will be entitled to payment for the unused portion of the employee's annual leave.
(d) An employee separated from employment by layoff will be entitled to payment for the entire unused portion of the employee's annual leave.
SECTION 7.03 Sick Leave
(1) Accrual of Sick Leave
(a) Permanent full-time employees earn sick leave at the rate of 7.5 hours per month. Permanent full-time employees must work or be in paid status at least 2100 hours in a month in order to earn sick leave.
(d) Permanent full-time employees who complete 120 months, or 10 years, of total service in Kentucky state government will be credited with an additional 75 hours of sick leave on the first day of the month following completion of 120 months of service.
(c) Permanent full-time employees who complete 240 months, or 20 years, of total service in Kentucky state government will be credited with another 75 additional hours of sick leave upon the first day of the month following completion of 240 months of service.
(d) Sick leave may be accumulated with no set maximum.
(2) Retention of Sick Leave
(a) Employees transferring to the KCOJ from another branch of state government will be credited with their accrued sick leave after submitting the appropriate documentation to the AOC HR Department.
(b) Upon retirement, an employee will be credited for sick leave in accordance with the state retirement system's regulations and policies.
(c) Upon resignation, layoff, or dismissal, sick leave will not be paid out.
(d) Former employees who are reinstated or rehired will have their unused sick leave balances restored, with the exception of employees retired from a state position within Kentucky Retirement Systems.
(3) Use of Sick Leave
(a) Except in cases of emergency or unforeseen illness, employees must request approval for sick leave in advance, including but not limited to, medical, dental, or optical examinations.
(b) Employees must notify their immediate supervisor or designee as soon as possible in the event of an emergency or unforeseen illness.
(c) An appointing authority will grant the use of sick leave when an employee:
(i) Is unable to work due to medical, dental, or optical examination or treatment;
(ii) Is disabled by sickness or injury;
(iii) Is required to care for or transport a member of his or her family in need of medical attention; or
(iv) Would jeopardize the health of himself or herself or others at his or her workstation because of exposure to a contagious disease or demonstration of behavior that might endanger the employee or others.
(d) The appointing authority may require the employee to provide a treatment provider's statement certifying the employee's need for sick leave.
(e) Upon returning from approved sick leave with pay, the appointing authority must return the employee to his or her former position.
(f) Absence for part of a work day that is being used as sick leave must be reported in 15-minute increments (.25 hours).
(g) In cases of absence due to illness or injury for which Workers' Compensation benefits are received for lost time, sick leave may be used to make up the difference between the benefits and the employee's regular salary.
(4) Sick Leave Sharing
(a) General
(i) Sick leave may be donated from one state employee to another, including employees from another branch of government. All salary and wage payments donated under this section to an employee while on sick leave will be paid by the agency employing the person who receives the donated leave.
(ii) Requests for donating and receiving sick leave must be made in writing to the AOC HR Department. The AOC HR Department will maintain records of sick leave donations and employees' use of donated sick leave.
(iii) Hours donated through the sick leave sharing program are to be used only for long-term, continuous absences. Sick leave sharing hours may not to be used for intermittent absences.
(iv) An employee on shared sick leave will receive the same benefits as an employee on regular sick leave as described in Section 7.03(3).
(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.
(b) Responsibilities of Employee Requesting Sick Leave Sharing
(i) An employee requesting sick leave sharing must complete and submit a Recipient Form to his or her appointing authority for approval and signature. The appointing authority will submit the form to the AOC HR Department for review and approval.
(ii) The HR Department will send out a notification based on the Recipient Form.
(iii) An employee may receive a maximum of 1,950 hours per qualifying event.
(iv) The employee must return to work at the end of the approved sick leave sharing period. Before returning to work, the employee must provide a medical release from a licensed physician to the appointing authority and the AOC HR Department.
(v) Upon receipt of the medical certification allowing the employee to return to work full time, any remaining balance of donated sick time will be returned to the donor at the end of the month.
(c) Request to Receive Sick Leave Sharing
An appointing authority, including an elected official, may permit an employee to receive sick leave under this section if:
(i) The employee or a member of the employee's family suffers from a medically certified illness, injury, impairment, or physical or mental condition that has caused, or is likely to cause, the employee to be on leave for at least 10 consecutive work days;
(ii) The employee's need for absence and use of leave are certified by a licensed practicing physician or advanced practice registered nurse;
(iii) The employee has exhausted his or her sick, annual, holiday, and compensatory leave; and
(iv) The employee has complied with these Policies regarding the use of sick leave.
(d) Request to Donate Sick Leave
(i) Employees who have 82.5 or more hours of sick leave may donate 7.5 or more hours of their sick leave to another employee who is authorized to receive sick leave under subsection (c) above. Employees donating sick leave must maintain a minimum balance of 75 sick leave hours.
(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.
(iii) The donated sick leave will be subtracted from the donating employee's sick leave balance in the month of donation.
(iv) An employee donating sick leave is responsible for ensuring that his or her timesheet appropriately reflects the donation. The donating employee must contact the AOC HR Department within the month of donation to correct any errors on his or her timesheet.
(5) Sick Leave Abuse
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 spend sick time wisely.
SECTION 7.04 Family and Medical Leave
(1) General
(a) This section shall be construed in a manner consistent with the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. § 2601 et seq., as amended by the National Defense Authorization Act, and 29 CFR Part 825, and any subsequent amendments.
(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.
(c) All documents relating to family and medical leave will be maintained in a file separate from an employee's personnel file and will be confidential.
(2) Employee Eligibility
(a) FMLA applies to employees who have:
(i) Been employed for at least 12 months; and
(ii) Worked or been in paid status at least 1,250 hours during the 12-month period immediately before the use of family and medical leave is to begin.
(b) An employee is eligible for family and medical leave if the employee:
(i) Has a serious health condition that causes him or her to be temporarily unable to perform the essential functions of his or her position;
(ii) Has a child born to him or her, adopts a child, or has a child placed in his or her home for foster care;
(iii) Is caring for a newborn child, adopts a child, or has a child placed in his or her home for foster care, within one year of the birth, adoption or placement;
(iv) Is caring for his or her parent who has a serious health condition;
(v) Is caring for his or her child who has a serious health condition. “Child” is defined as a biological, adopted, or foster child; stepchild; legal ward; or a child for which the employee is standing in loco parentis.
(vi) Is caring for his or her spouse, or person of similarly close relationship, who has a serious health condition. A person of similarly close relationship is defined as an intimate partner who has resided with the employee for at least one year prior to application;
(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 childcare 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 family member from participating in school or other daily activities.
(d) Subject to certain conditions, the continuing treatment requirement may be met by:
(i) A period of incapacity of more than three consecutive calendar days that requires in-person treatment by a health care provider within the first seven days of the first day of incapacity, and:
1. A second visit to a health care provider within 30 calendar days of the first day of incapacity unless extenuating circumstances exist; or
2. A regimen of continuing treatment (i.e. prescription medication, further medical visits, etc.) under the health care provider's supervision;
(ii) Incapacity due to pregnancy;
(iii) Incapacity due to a chronic serious health condition that requires periodic visits for treatment (at least twice per year); or
(iv) Other conditions to the extent required by law.
(e) A medical condition will be deemed a serious injury or illness for purposes of 2(b)(viii) 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:
(i) Undergoing medical treatment, recuperation, or therapy;
(ii) In outpatient status; or
(iii) On the temporary disability retired list.
(f) An eligible employee as defined in 2(b)(i-vii) is entitled to 12 weeks of family and medical leave during a 12-month period. An eligible employee as defined in 2(b)(viii) 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.
(g) A week of family and medical leave will equal the amount of time an employee normally works each week.
(h) For part-time employees, a weekly average of the hours worked during the 12 weeks before beginning family and medical leave will be used to determine their normal work week.
(3) Request for Family and Medical Leave
(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 family member, 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.
(d) In all circumstances, when giving notice of the need for leave, the employee must provide sufficient information for the KCOJ to determine if the leave qualifies for FMLA protection. Failure to provide sufficient notice may result in family and medical leave being delayed or denied.
(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 family member'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:
(i) The employee is in need of care;
(ii) The employee is needed to care for a family member; or
(iii) The presence of the employee is necessary to the immediate family member in need of care.
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 family member, 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.
(i) An employee who fails to timely complete a sufficient certification form may be denied family and medical leave, and will be subject to the KCOJ's other applicable leave and/or attendance policies. Appropriate certification forms are available from the AOC HR Department.
(j) A licensed health care provider is a:
(i) Doctor of Medicine;
(ii) Doctor of Osteopathy;
(iii) Podiatrist;
(iv) Dentist;
(v) Clinical Psychologist;
(vi) Licensed Clinical Social Worker;
(vii) Optometrist;
(viii) Chiropractor;
(ix) Nurse Practitioner;
(x) Nurse Midwife;
(xi) Physician's Assistant; or
(xii) Certified Christian Science Practitioner.
(4) Approval of Family and Medical 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) Family and medical leave and any paid leave must be used concurrently. Unpaid family and medical leave may only be granted after all other paid leave is exhausted.
(5) Benefits During Family and Medical Leave
(a) Any combination of working days, paid leave, or family and medical leave used by the employee within a month will entitle the employee to state-paid contributions for life insurance and health benefits in the following month.
(b) If unable to work, employees must use their family and medical leave days consecutively, and must elect to use family and medical leave as their only qualification for state contributions for life insurance and health benefits.
(c) Employees on unpaid family and medical leave will be responsible for their share of contributions for life insurance and health benefits. The contributions will be due at the same time the contributions would be made by payroll deduction.
(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.
(e) For each month that an employee has not worked or been in paid status for 100 hours, the employee's annual or probationary increment will be postponed one month.
(6) Return From Family and Medical Leave
(a) Before returning from family and medical leave, the employee must submit a Notice of Intention to Return to Work Form to his or her appointing authority or directly to the AOC HR Department. The appointing authority must immediately forward the form to the AOC HR Department.
(b) An employee must present a fitness-for-duty certificate to the AOC HR Department prior to being restored to employment. If such certification is not timely received, the employee's return to work may be delayed until certification is presented.
(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.
(d) On the first day of the employee's return to work, his or her benefits will be reinstated as applicable.
(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.
(7) Enforcement
(a) An employee may file a complaint with the Wage and Hour Division of the U.S. Department of Labor, or may bring a private lawsuit against an employer.
(b) FMLA does not affect any federal or state law prohibiting discrimination, or supersede any state or local law or collective bargaining agreement that provides greater family and medical leave rights.
(8) Questions
All questions about the FMLA policy should be directed to the AOC HR Department.
SECTION 7.05 Voting Leave
(1) To be eligible for voting leave, an employee must:
(a) Be registered to vote in the county holding the election;
(b) Be scheduled to work on Election Day during the hours of 6:00 a.m. to 6:00 p.m. local time; and
(c) Notify the appointing authority prior to receiving voting leave.
(2) Employees who are registered to vote are entitled to four hours of paid leave to vote or cast an absentee ballot.
(3) The appointing authority may specify the hours during which an employee may be absent.
(4) Any employee who exercises his or her right to leave for the purpose of voting under this section shall be subject to disciplinary action if the employee is not registered to vote or fails to cast his or her vote.
(5) An employee is entitled to compensatory time instead of voting leave if the employee voted or cast an absentee ballot but did not miss any work hours to do so.
(6) Employees on unpaid leave are not entitled to voting leave.
SECTION 7.06 Blood Donation Leave
(1) Blood donation leave is granted for the purpose of whole blood donation and recuperation.
(2) The donation must occur during an employee's scheduled work hours in order to qualify for leave, which does not include the lunch period. An employee must receive approval from his or her appointing authority prior to donating blood during work hours.
(3) Blood donation made outside scheduled work hours is not eligible for blood donation leave or compensatory time.
(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.
(5) An employee who attempts to donate blood and is turned away by the blood center will be excused for the time spent attempting to donate, but will not qualify for blood donation leave that day. The employee must provide proof to his or her appointing authority of the attempt to donate blood.
(6) To receive the four hours of compensatory leave, employees must show proof of donation to their appointing authority before submitting their timesheet for the pay period in which the blood donation was made.
(7) The appointing authority may set the number of times per year an employee may donate blood in exchange for the four hours of compensatory leave.
SECTION 7.07 Court Leave and Jury Duty Leave
(1) An employee will be allowed a leave of absence from duties without loss of time or pay for the amount of time necessary to comply with subpoenas from any federal or state court that relate to his or her duties with the KCOJ.
(2) An employee serving as a juror will be allowed a leave of absence from duties without loss of time or pay not to exceed his or her regular hours for a scheduled work day.
(3) An employee is permitted to keep any compensation received for jury services.
(4) If the employee is relieved from duty as a juror or witness during his or her normal working hours, the employee must return to work.
(5) Court and jury duty leave include necessary travel time.
SECTION 7.08 Military 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.
(2) The appointing authority may require a copy of the military orders requiring the absence from work before granting military leave.
(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.
(4) Upon return from active duty, the employee will be restored to a job of like seniority, status, and pay under KRS Chapter 61. An employee restored from military leave is treated as though he or she had been in continuous service.
(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).
(6) The appointing authority may require a copy of the spouse's military orders prior to approving the use of this leave.
(7) While on military leave, the employee will not earn any annual or sick leave, but will earn months of service time. The employee's increment date will not change.
(8) A former employee seeking reinstatement who has been rejected or otherwise penalized may, as applicable, file a grievance or appeal as provided in Section 8.
SECTION 7.09 Bereavement Leave
Employees will be entitled to bereavement leave of up to three work days due to the death of a family member, 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 (i.e. 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 Leave Without Pay
(1) Employees may request leave without pay if they have used all of their annual and compensatory leave. An employee may request leave without pay by submitting a written request to his or her appointing authority.
(2) The decision to approve or deny a request for leave without pay is within the discretion of the appointing authority or designee.
(3) The appointing authority must timely submit a PAR reflecting approval of leave without pay to avoid overpayment to the employee.
(4) If an employee is granted leave without pay, the employee must return to work the next business day after the leave expires.
(a) If the employee cannot return to work after the approved period of leave without pay expires, the employee must immediately notify the appointing authority or designee.
(b) Unless the appointing authority or designee has extended the period of leave without pay, failure to report to work after the authorized leave without pay ends will be considered a resignation from employment. This provision does not apply to family and medical leave.
(5) Employees cannot take leave without pay for more than six months.
SECTION 7.11 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.
(2) Absence without prior approval may:
(a) Be treated as leave without pay for an employee covered by the provisions of the Fair Labor Standards Act; and
(b) Constitute grounds for disciplinary action, including dismissal.

Credits

HISTORY: Adopted eff. 4-15-18
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Administrative Procedures, AP III, Sec. 7, KY ST ADMIN P AP III, Sec. 7
Current with amendments received through October 1, 2019.
End of Document© 2019 Thomson Reuters. No claim to original U.S. Government Works.