Kan. Admin. Regs. § 1-5-26 - Stand-by compensation
(a) Any appointing
authority may require a non-exempt employee to be on stand-by. "Stand-by time"
means a period of time outside a non-exempt employee's regularly scheduled work
hours, during which the non-exempt employee is required, at agency direction,
to remain available to the agency within a specified response time. Each
non-exempt employee on stand-by shall be available at agency direction for
recall to perform necessary work. Stand-by assignments shall be limited to work
situations where a probability of emergency recall of a non-exempt employee or
employees exists. When an employer is able to contact employees by means of a
paging device, the employer shall establish a policy stating whether such
employees are eligible for stand-by compensation.
(b) Except as provided in subsection (f),
each non-exempt employee shall be compensated at the rate of one dollar per
hour for each hour the employee serves on stand-by status.
(c) Each non-exempt employee on stand-by who
is called in to work shall be compensated for the actual hours worked at the
appropriate rate of pay, but shall not be paid stand-by compensation for the
hours actually worked. Only the hours actually worked by the non-exempt
employee shall be credited in determining eligibility for overtime
compensation.
(d) Time during
which a non-exempt employee is restricted to a particular telephone number at a
location designated by the employer, or to the employer's premises, in order to
remain personally available to the employer shall be considered hours worked
and the employee shall be compensated at the employee's regular rate of pay
instead of receiving stand-by compensation.
(e) Any non-exempt employee on stand-by, or
who is subject to the provisions of subsection (d), who is not available when
called, and who does not present reasonable justification for failure to report
when called, shall lose compensation for that stand-by period and may be
subject to disciplinary action.
(f) The head of each agency with employees
engaged in law enforcement and firefighting activities as defined in 29 C.F.R.
553, as in effect on July 1, 1994, shall determine whether those employees will
be eligible for stand-by compensation as provided in this regulation and shall
submit a written statement regarding that determination to the director. The
determination as to eligibility for stand-by compensation may be modified by
the secretary upon recommendation of the director.
Notes
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