||BLOOD DONATION LEAVE
The Kentucky Safety Program and the Personnel Cabinet are pleased to sponsor a blood drive for state employees. Because of the many uses of each blood component, each blood donor may save several lives with his or her donation. Only whole blood donations qualify the employee to take blood donation leave.
The blood donation policy is as follows:
- Blood donation leave is granted for the purpose of donation and recuperation. The donation must occur during an employee’s scheduled work hours in order to qualify for leave, which does not include the lunch period. Blood donation made outside scheduled work hours is not eligible for blood donation leave or compensatory time for the donation.
- Agencies are responsible for notifying their employees of the blood donation policy.
- All employees statewide are permitted to donate blood at any licensed blood center certified by the Food and Drug Administration.
- All employees are required to obtain prior supervisory approval for blood leave.
- All employees are required to submit verification to their supervisor of blood donation or deferral.
- Employees who donate shall receive four (4) hours 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 supervisor, require the donor to return to work. In this case, the unused portion of leave time will be credited as compensatory time.
- Employees deferred from donating shall not be charged for the time used in attempting to donate, but will not receive the four (4) hours leave time as those who donate.
If you have questions about the blood donation policy, call the Personnel Cabinet at (502)-564-6846. For questions about donating blood, call the Franklin County chapter of the American Red Cross, (502) 223-1795 or The Kentucky Blood Center, (800) 775-2522.
All employees of Kentucky state government receive paid leave time whenever they must serve as jurors or comply with a court or administrative subpoena. Court leave is not granted though if you or a member of your family is a party involved in a court action as a private matter. If you or a member of your family is a party to the case, you must use annual or compensatory leave and request to do so in advance.
It is important to remember that court leave is only for time that crosses your scheduled work hours. The time you must spend traveling to court is also included in paid court leave. However, if you are dismissed from jury duty or from serving as a witness, you must return directly to your job.
Please show a copy of any court summons to your supervisor before taking court leave, otherwise your absences may not be properly authorized.
||SPECIAL LEAVE OF ABSENCE (EDUCATIONAL LEAVE)
Special leave of absence may be granted, with or without pay, for up to 24 months, with the approval of your appointing authority and the Secretary of Personnel.
If granted, leave shall be granted either with pay (if the employee contractually agrees to a service commitment) or without pay.
You will not accumulate annual leave or sick leave while on special leave with pay. If your leave is without pay, you must make arrangements through the payroll officer to continue your health and life insurance. You must pay the total premiums.
||FAMILY AND MEDICAL LEAVE (FMLA)
A summary of an employee’s rights and responsibilities under the federal Family and Medical Leave Act (FMLA) may be access at the following link: http://www.dol.gov/whd/regs/compliance/posters/fmlaen.pdf.
In general, the FMLA provides up to twelve (12) weeks of unpaid, job-protected leave for eligible employees for certain family and medical reasons. The Personnel Cabinet leave regulations provide additional benefits to certain state employees as well. The information below reflects the combined federal and additional protections for all employees who are covered by the administrative regulation 101 KAR 2:102 and 101 KAR 3:015.
To be eligible for family and medical leave, an employee must have:
1. Completed at least twelve (12) months of state service; and
2. Worked or been on paid leave for at least 1,250 hours in the twelve (12) months immediately preceding the first day of family and medical leave. See the FMLA provisions in 101 KAR 2:102 Section 3 and 101 KAR 3:015 Section 3.
An eligible employee must be granted at least twelve (12) weeks of unpaid family and medical leave during the calendar year for one or more of the following reasons:
- For the birth of a son or daughter, and to care for the newborn child;
- For placement with the employee of a son or daughter for adoption or foster care;
- To care for the employee’s spouse, son, daughter, parent, or someone of similarly close relationship with a serious health condition;
- Because of a serious health condition that makes an employee unable to perform the functions of the employee’s job;
- Because of any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, parent, or someone of similarly close relationship is a covered military member on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation;
- To care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, next of kin, or someone of similarly close relationship to the servicemember. NOTE: An eligible employee is entitled to up to 26 workweeks of leave to care for a covered servicemember with a serious injury or illness during a single twelve (12) month period.
In general, an employee shall not be placed on family and medical leave until the employee has exhausted all accumulated paid leave such as sick, annual, or compensatory leave. However, upon written request, the employee may reserve up to ten (10) days of accumulated sick leave and be placed on family and medical leave. An employee may not elect to reserve annual or compensatory leave.
Alternatively, the employee may elect to utilize family and medical leave concurrently with other accumulated paid leave. An eligible employee is not entitled to the protections of the federal FMLA until the employee elects to utilize family and medical leave. In other words, an employee utilizing accumulated paid leave must elect to use family and medical leave concurrently with paid leave in order to be entitled to the protections contained in the federal FMLA while on paid leave. If an eligible employee does not elect to use family and medical leave concurrently with paid leave, the employee must comply with the applicable paid leave regulations contained in 101 KAR 2:102 and 101 KAR 3:015.
LEAVE TO CARE FOR A SPOUSE, SON, DAUGHTER, PARENT, OR SOMEONE OF SIMILARLY CLOSE RELATIONSHIP
- A spouse is a husband or wife as defined or recognized under State law for purposes of marriage in the State where the employee resides, including common law marriage in the States where it is recognized.
- A parent is a biological, adoptive, step or foster father or mother, or any other individual who stood in loco parentis to the employee when the employee was a son or daughter as defined below. The term does not include parents “in law.”
- A son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability at the time that family and medical leave is to commence.
- Someone of similarly close relationship means an individual 1) who has resided with the employee for at least thirty days at the time that family and medical leave is to commence, or 2) for whom the employee is legally responsible.
LEAVE FOR THE BIRTH OR PLACEMENT OF A CHILD
- In the case of an eligible husband and wife who are employed by the Executive Branch, both are entitled to twelve (12) weeks of leave due to the birth or placement of a child (i.e., bonding time).
- There may be some instances where an employee may qualify for family and medical leave prior to the birth of a child. For example, an expectant mother may take family and medical leave for prenatal care or if her condition makes her unable to work (such as in the case of severe morning sickness or if placed on bed rest by a physician). The mother is entitled to family and medical leave for incapacity due to pregnancy even though she does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three (3) consecutive calendar days (the typical requirements for FMLA).
- In the case of an adoption or foster care, an employee is eligible to receive family and medical leave before the placement or adoption in some instances. For example, the employee may be required to attend counseling sessions, appear in court, consult with his or her attorney or the doctor(s) representing the birth parent, submit to a physical examination, or travel to another country to complete an adoption.
- An employee ordinarily must provide advance notice of his or her intent to use leave due to the birth or placement of a child through adoption or foster care.
- In general, upon the conclusion of the twelfth week of leave, if an employee has not exhausted his or her accrued leave and unpaid family and medical leave, an employer may require an employee to provide medical certification of the need for any additional leave time.
ADVANCE NOTICE AND MEDICAL CERTIFICATION
The employee may be required to provide advance leave notice and medical certification or other supporting documentation. Request for leave may be denied if requirements are not met.
- The employee ordinarily must provide advance notice when the need for leave is foreseeable. .
- An employer may require medical certification to support a request for family and medical leave because of a serious health condition, and may require second or third opinions (at the employer's expense) and a fitness for duty report to return to work.
INTERMITTENT FAMILY AND MEDICAL LEAVE
Family and medical leave may be taken intermittently or on a reduced leave schedule under certain circumstances. Intermittent leave is family and medical leave taken in blocks of time due to a single qualifying reason. A reduced leave schedule is a leave schedule that reduces an employee’s usual number of working hours per workweek, or hours per workday.
- Intermittent leave must be granted for the following qualifying conditions when medically necessary:
- An employee’s own serious health condition;
- To care for the employee’s spouse, son, daughter, parent, or someone of similarly close relationship with a serious health condition;
- To care for a covered servicemember with a serious injury or illness if the employee is the spouse, son, daughter, next of kin, or someone of similarly close relationship to the servicemember; and
- Because of any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, parent, or someone of similarly close relationship is a covered military member on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation.
JOB BENEFITS AND PROTECTION
- While an employee is on unpaid family and medical leave, the state contribution for health and life insurance shall be maintained by the employer. If applicable, arrangements will need to be made for employees to pay their share of health and life insurance premiums while on unpaid family and medical leave.
- On return from family and medical leave, an employee is entitled to be returned to the same position the employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. .
- An employee shall be free from interference with, restraint, or the denial of any rights provided by the federal FMLA.
- An employee may not be discharged or discriminated against for opposing or complaining about any unlawful practice under the federal FMLA.
SUMMARY OF LEAVE ENHANCEMENTS
- The federal FMLA provides that an employee must have worked at least 1,250 hours in the twelve (12) months immediately preceding the first day of family and medical leave in order to be eligible for family and medical leave. However, the Personnel Cabinet leave regulations allow time worked and time spent on paid leave to count towards the 1,250 hour eligibility requirement.
- The federal FMLA allows an employer to require an employee to run his or her family and medical leave entitlement concurrently with accrued paid leave. However, the Personnel Cabinet leave regulations allow employees to choose whether family and medical leave will run concurrently or consecutively with accrued paid leave.
- The federal FMLA allows leave to care for only a spouse, son, daughter, or parent with a serious health condition. However, state government allows employees covered by the Personnel Cabinet leave regulations to take family and medical leave to care for other immediate family members as well, as defined above.
- The federal FMLA entitles a husband and wife employed by the same employer to only a combined twelve weeks of family and medical leave for bonding time following the birth or placement of a child. However, state government agencies covered by the Personnel Cabinet leave regulations must allow each spouse twelve weeks of family and medical leave for bonding time under the above-specified situation.
All covered state agencies shall comply with the federal FMLA statutes and regulations, as well as the family and medical leave provisions contained in 101 KAR 2:102 Section 3 and 101 KAR 3:015 Section 3.
Please see the Employee Rights and Responsibilties poster by clicking HERE.
State employees who are active members of the United States Army Reserve, the United States Naval Reserve, the United States Air Force Reserve, the United States Marine Corps Reserve, the United States Coast Guard Reserve, the United States Public Health Service Reserve, or the Kentucky National Guard, are credited with twenty-one (21) working days of military leave for the purpose of fulfilling state and/or federal active duty orders, per federal fiscal year (October 1 – September 30), provided your orders require your absence from your state job.
Official leave must be requested in order to avoid being dismissed for abandonment of your job. A copy of your orders should be provided to your Appointing Authority to initiate this request.
Generally, once relieved or discharged from military duty under conditions other than dishonorable military duty, you have a period of *ninety (90) days to notify your agency of your intent to return to your employment position by either reporting to work or applying for reemployment. You have the right to be restored to your former position or a position of like seniority, status and pay.
*If hospitalized or receiving continuing treatment after release, you have a period of one (1) year to apply for reemployment. Notably, you must be relieved in order to be entitled to exercise these restoration rights. Please see KRS 61.373 for complete information with respect to military restoration rights.
You are entitled to any pay raises that would have been granted, as well as seniority that would have accrued, and your increment date does not change. You will be credited with the appropriate months of service upon presentation of a DD-214 to your agency Human Resource Administrator. Please note that while you are entitled to months of service for the purpose of leave accrual, you do not accrue annual or sick leave while on military leave without pay.
If you are wounded or disabled and unable to perform your job upon return, the state must offer a position similar in status and pay to the previous job for which you are qualified and able to perform.
Upon returning from military duty you (whether merit or non-merit) may not be terminated except for cause for a period of one (1) year after restoration to a position following military duty. However, if your position was abolished as a result of a lay-off, or your name was included in a lay-off plan, you would not be able to reclaim your job immediately. You would retain reemployment rights as if you had not left your job (i.e., placement on the re-employment lists with all seniority rights intact).
In the case that you do not agree that you have been afforded your restoration rights under state law, you may file an appeal with the Personnel Board. Other remedies may also exist, pursuant to the Uniformed Services Employment and Reemployment Rights Act (USERRA). If you have questions about your return position or employment status, you should contact your agency HR Administrator.
In a time of peace, you retain restoration rights for a period of six (6) years. However, in a time of war or national state emergency, you retain these rights for the duration of the time of war or national emergency plus six (6) months.
NOTE: On September 9, 2011, President Barack Obama gave notice of a continuation of the Notice of Continuation of the National Emergency with Respect to Certain Terrorist Attacks. This notice continues the national emergency that was declared as a result of the terrorist attacks of September 11, 2001 for an additional year. So long as this state of national emergency exists, KRS 61.373 shall be applied accordingly.
||SPOUSAL MILITARY LEAVE
Any state employee who is the spouse of an active member of the United States Army Reserve, the United States Naval Reserve, the United States Air Force Reserve, the United States Marine Corps Reserve, the United States Coast Guard Reserve, the United States 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), according to KRS 18A.190.
The appointing authority may require a copy of the soldier’s military orders prior to approving the use of this leave.
In order to be eligible for voting leave, an employee must (1) be registered to vote in the county holding the election, (2) be scheduled to work on Election Day during the hours of 6:00 a.m. to 6:00 p.m. local time, and (3) notify their immediate supervisor prior to receiving voting leave. Employees who are authorized to work in lieu of taking voting leave shall receive four hours of compensatory leave.
Voting leave must be requested and approved in advance. The employee must be eligible to vote in the county holding the election and must actually vote in order to receive voting leave. Agencies develop work schedules in advance of an election that permit employees to share the workload on Election Day while still taking leave time to go to the polls. An employee may receive up to four hours of voting leave for the purposes of voting on Election Day or the same amount of time to cast an absentee ballot, prior to Election Day. (Employees electing to vote via absentee ballot are eligible for voting leave on the day the absentee vote is cast at their respective County Clerk’s office – this includes absentee votes cast for out-of-state elections if the employee otherwise qualifies pursuant to the applicable state law.
General Election Days – Allows for up to 4 Hours of Voting Leave
Presidential Election Days – State Offices will be closed per KRS 18A.190
Regulatory References: 101 KAR 2:107 (7) and 101 KAR 3:015 (7).