Kan. Admin. Regs. § 1-9-5 - Sick leave
(a) Each classified
employee in a regular position shall be credited and accumulate sick leave as
provided in this regulation.
(b)
The maximum sick leave credit an employee may accrue in any payroll period
shall be 3.7 hours. The amount of sick leave hours earned each payroll period
and the increments in which sick leave may be used shall be determined as
follows.
(1) Each non-exempt employee shall
accrue sick leave in accordance with the following table.
Sick Leave Table for Non-Exempt Employees
Hours in Pay Status Hours Earned
Per Pay Period Per Pay Period
0-7 0.0
8-15 0.4
16-23 0.8
24-31 1.2
32-39 1.6
40-47 2.0
48-55 2.4
56-63 2.8
64-71 3.2
72-79 3.6
80- 3.7
(A)
Non-exempt employees shall use sick leave only in increments of a quarter of an
hour.
(B) For purposes of this
regulation, hours in pay status shall include time off while receiving workers
compensation wage replacement for loss of work time.
(2) Each exempt employee in a position that
is eligible for benefits shall accrue sick leave in accordance with the
following table.
Sick Leave Table for Exempt Employees
Time in Pay Status Hours Earned Per
Per Pay Period Pay Period
0 0.0
>0 3.7
(A)
Exempt employees, including part-time exempt employees, shall use sick leave
only in half-day or full-day increments.
(B) For purposes of this regulation, hours in
pay status shall include time off while receiving workers compensation wage
replacement for loss of work time.
(3) Each exempt employee in a position that
is not eligible for benefits shall earn one-half the amount of leave set out in
paragraph (b) (2).
(c)
Sick leave earned by an employee during a pay period shall be available for use
on the first day of the following pay period.
(d) Any employee may be required by the
appointing authority or the director of personnel services to provide evidence
necessary to establish that the employee is entitled to use sick leave under
the circumstances of the request. If the employee fails to provide this
evidence, the requested use of sick leave may be denied by the appointing
authority or director. The appointing authority, with the director's approval,
may require an examination of an employee by a licensed health care or mental
health care professional ultimately responsible for patients' health care, as
designated by the agency and at the agency's expense. An appointing authority
with delegated authority under
K.S.A. 75-2938, and amendments thereto, shall not be
required to obtain the director's approval before requiring an examination of
an employee.
(e)
(1) Sick leave with pay shall be granted only
for the following reasons:
(A) Illness or
disability of the employee, including pregnancy, childbirth, miscarriage,
abortion, and recovery therefrom, and personal appointments with a physician,
dentist, or other recognized health practitioner;
(B) illness or disability, including
pregnancy, childbirth, miscarriage, abortion, and recovery therefrom, of a
family member, and a family member's personal appointments with a physician,
dentist, or other recognized health practitioner, when the illness, disability,
or appointment reasonably requires the employee to be absent from work;
(C) legal quarantine of the
employee; or
(D) the adoption of a
child by an employee or initial placement of a foster child in the home of an
employee, when the adoption or initial placement reasonably requires the
employee to be absent from work.
(2) For purposes of this regulation, "family
member" means the following:
(A) Any person
related to the employee by blood, marriage, or adoption; and
(B) any minor residing in the employee's
residence as a result of court proceedings pursuant to the Kansas code for care
of children or the Kansas juvenile offenders code.
(f) If an appointing authority has
evidence that an employee cannot perform the employee's duties because of
illness or disability, if the employee has accumulated sick leave, and if the
employee refuses or fails to apply for sick leave, the appointing authority may
require the employee to use sick leave. Upon exhaustion of this employee's sick
leave, the appointing authority may require the employee to use any accumulated
vacation leave. An appointing authority may request a written release by a
licensed health care or mental health care professional ultimately responsible
for patients' health care before the employee is allowed to return to work. If
the employee has exhausted all sick leave or accumulated vacation leave, the
appointing authority may grant the employee leave without pay as provided in
K.A.R. 1-9-6(c).
(g) Each employee
who is injured on the job and awarded workers compensation shall be granted use
of accumulated leave upon the employee's request. The compensation for
accumulated leave used each payroll period shall be that amount which, together
with workers compensation, equals the regular pay for the employee. Unless the
employee requests otherwise, vacation leave and compensatory time credits shall
be used only after sick leave credits have been exhausted. The appointing
authority shall not require the use of accumulated compensatory time credits in
conjunction with workers compensation.
(h) Each former employee who had unused sick
leave at the time of separation and who returns to state service in a regular
position within a year shall have the unused sick leave returned to the
employee's credit. This provision shall not apply to a person who has retired
from state service.
(i) Payments
for sick leave accumulated by the date of retirement, in accordance with
K.S.A. 75-5517, and amendments thereto, shall be
calculated using the hourly or salary rates set forth in K.A.R. 1-5-21.
Notes
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