Kansas Department of Administration

Personnel Bulletins

Bulletin 21-01 - Paid Parental Leave for State of Kansas Employees

1.0 - SUBJECT:  Paid Parental Leave for State of Kansas Employees

2.0 - EFFECTIVE DATE: July 6, 2021

3.0 - DISTRIBUTION: State of Kansas HR Directors & Managers

4.0 - FROM: Kraig Knowlton, Director of Personnel Services DATE: July 6, 2021

5.0 - PURPOSE:  Today, Governor Kelly issued Executive Order 21-24 updating and expanding the policy
that allows Executive Branch State employees under the Governor’s jurisdiction to receive paid
parental leave. This Bulletin is being issued to enact guidelines and establish procedures regarding
the administration of that updated policy.  Bulletin 18-01 is hereby revoked

6.0 - PROCEDURES
6.1 - All benefits-eligible State of Kansas employees in agencies, departments or other entities under
the Governor’s jurisdiction, whether employed in a classified or unclassified position on a full or
part-time basis, shall be eligible to receive paid parental leave following the birth or adoption of a
child or the placement of a foster child(ren) that occurs or is projected to occur on or after July 6,
2021

a) Employees who are hired or rehired on or after July 6, 2021 must be employed for a period of
at least one hundred and eighty (180) days before becoming eligible to receive paid parental
leave.

6.2 - Every parent who is designated as the primary caregiver shall receive eight weeks of paid
parental leave and every parent who is designated as the secondary caregiver shall receive four
weeks of parental leave.

a) If both parents are State of Kansas employees eligible for paid parental leave in accordance
with the policy, one employee must be designated the primary caregiver and one employee
must be designated the secondary caregiver.

b) In such instances, both parents may utilize paid parental leave concurrently, consecutively, or
at different times, in accordance with the provisions of this Bulletin.

c) For employees that assume placement of a foster child(ren), the ability to use Parental Leave
will be limited to a total of eight weeks per calendar year. Such leave can be used for a single
placement or for multiple placements.
6.3 - Paid parental leave authorized under this policy covers 100% of an eligible employee’s regular
rate of pay and while using such leave, employees continue to accrue vacation and sick leave in
accordance with applicable rules, regulations and statutes.

6.4 - Official and observed holidays for Executive Branch State of Kansas employees do not count
against paid parental leave. Employees utilizing paid parental leave on an official or observed
holiday shall receive holiday credit pursuant to K.A.R. 1-9-2.

6.5 - Paid parental leave may be taken beginning up to thirty (30) days prior to the projected date of
birth, or adoption of a child or the placement of a foster child(ren) or within the 12 weeks
immediately following the birth or adoption of a child or placement of a foster child(ren).

a) Paid parental leave shall run concurrently with the 12-week period covered by the Family
Medical Leave Act (FMLA), if the employee is so eligible.

6.6 - Paid parental leave cannot be donated through the State of Kansas Shared Leave program or in
any other way, and any amount of leave not utilized by the eligible employee after the birth,
adoption or foster placement shall be forfeited.

 7.0 - SHARP TIME AND LABOR PROCEDURES
 7.1 - Use the following earning codes to enter paid parental leave into the SHARP system:

a) PLV – Leave-Paid Parental – for non-FMLA eligible circumstances

b) FMPLV – Leave-FMLA Paid Parental – for FMLA eligible circumstances

 7.2     Both types of leave should be entered in .25-hour increments.

 7.3    These earning codes are set up like the Donor Leave, Funeral Leave and Relief from Duty
earning codes, so there is no SHARP leave balance associated with paid parental leave.

 7.4    Agencies are responsible for tracking the usage of paid parental leave in order to adhere to the
maximums established for both primary and secondary caregivers.

8.0 - REFERENCES:  Bulletin 09-03, Executive Order 21-24, K.A.R. 1-9-2

9.0 - CONTACT PERSON:

For General Policy Questions:  
Danelle Harsin, Deputy Director
Danelle.Harsin@ks.gov
(785) 296-4383

For SHARP Questions:
Brent Smith, HR Professional
Brent.Smith@ks.gov
(785) 296-1432

Bulletin 20-06 - Fair Labor Standards Act (Exempt Employees)

 

1.0    SUBJECT: Fair Labor Standards Act (FLSA) Procedures Regarding Exempt Employees

2.0    EFFECTIVE DATE: June 01, 2020

3.0    DISTRIBUTION: State HR Directors

4.0    FROM: Kraig Knowlton, Director DATE: June 01, 2020

5.0 - PURPOSE: This Bulletin is being issued to update and replace Bulletin 09-04 following the receipt of information from the United States Department of Labor (US DOL) regarding the status of exempt employees during a furlough. Bulletin 09-04 is hereby revoked.

6.0 - BACKGROUND: Based on information from US DOL concerning the treatment of exempt employees during a furlough situation., deductions from the pay of an employee of a public agency for absences due to a budget-required furlough shall not disqualify the employee from being paid on a salary basis except in the workweek in which the furlough occurs and for which the employee's pay is accordingly reduced.

7.0    PROCEDURES:

7.1 - Limitations on the Reduction of the Salary of an Exempt Employee:

FLSA requires that exempt employees must be compensated on a “salary basis” as promulgated by the US DOL. The salary of an exempt employee cannot be reduced because of variations in the quality or quantity of work performed. Except for those instances described below, exempt employees must be paid their full salary for any week in which they perform any work. No salary is to be paid in any work week when no work is performed.

7.2 - Reductions in the Salary of an Exempt Employee are Limited to the Following Situations:

a) Absences from work for one or more full days for personal reasons, other than sickness or disability (i.e. when employees have no paid leave to cover the time off, and the reason for the absence is for personal reasons, not sickness or disability, the reduction must be in full-day increments);

b) Absences from work for one or more full days due to sickness or disability if deductions are made under the sick leave plan which provides wage replacement (i.e. if an employee does not have enough sick leave to cover a full day’s absence, the employer cannot deduct for a half-day of leave without pay);

c) To offset any amounts received as payments for jury fees, witness fees, or military pay;

d) Penalties imposed in good faith for violating safety rules of “major significance”;

e) Unpaid disciplinary suspension of one or more full days imposed in good faith for violations of workplace conduct rules; or

f) Proportionate part of an employee’s full salary may be paid for time actually worked in the first and last weeks of employment.

None of these exceptions affect the requirement that employees use sick leave, shared leave, vacation leave and holiday compensatory time in half or full-day increments and leave without pay in full day increments.

If an agency believes that it has a special circumstance for any other exception, the agency must clear the exception with Office of Personnel Services (OPS) before acting on it.

7.3 - Managing Complaints:

Each agency must provide all current exempt employees and any new employee hired into an exempt position with the information set forth in subsections 7.1 and 7.2 above and information about their right to file a complaint regarding deductions they believe are improper. Agencies should notify the OPS of any complaints that are resolved at the agency level. Complaints that cannot be resolved at the agency level should be forwarded to OPS.

Complaints regarding this issue are being administered by OPS for a number of reasons. The first is that historically, US DOL has treated the State of Kansas as one employer for the purposes of FLSA and because of that, OPS has been the point of contact with US DOL. Given the potential for US DOL assistance in determinations regarding salary reductions of exempt employees it would be best if we maintained the single point of contact.

7.4 - Reimbursement for Improper Reductions:

Agencies must reimburse employees for deductions that are found to be improper.

7.5 - Good Faith Effort to Prevent Improper Deductions:

After any determination that improper deductions were made, the agency must take, and document, good faith action to ensure that such deductions do not occur again.

8.0    REFERENCES:K.A.R. 1-5-24, K.A.R. 1-9-1, 29 C.F.R. Part 541

9.0    CONTACT PERSON: Danelle Harsin at danelle.harsin@ks.gov or at (785) 296-4383

Bulletin 17-02 - Military Leave Clarifications

1.0 - SUBJECT: Military Leave Clarifications

2.0 - EFFECTIVE DATE:  October 6, 2017

3.0 - DISTRIBUTION: State of Kansas HR Directors & Managers

4.0 - FROM: Kraig Knowlton, Director of Personnel Services DATE:  October 6, 2017

5.0 - PURPOSE:  This Bulletin is being issued to update and replace Bulletin 06-01 following the October 6, 2017 amendments to Kansas Administrative Regulation (K.A.R.) 1-9-7b.  Bulletin 06-01 is hereby revoked.   

6.0 - BACKGROUND: Amendments to K.A.R. 1-9-7b increased the amount of military leave with pay available to employees in each twelve-month period between October 1st and September 30th from 15 to 30 working days and expands the type of duty for which such leave can be used.  Additional amendments clarify that this leave is available to benefits-eligible State employees in both classified and unclassified positions as well as procedures regarding the requests for such leave.      

7.0 - PROCEDURES:

7.1 Military leave with pay pursuant to K.A.R. 1-9-7b is available to all employees, whether classified or unclassified, regular or temporary, who are eligible to receive benefits.

7.2 The requirement that eligible employees may only use military leave with pay for active duty was eliminated with the October 6, 2017 amendments.  Employees may now use military leave with pay for any required military duty, which is defined in the regulation as any period of active duty, inactive duty, or full-time national guard duty, or any other appropriate duty status as determined by the director, that is required of the employee. 

7.3 This represents a significant change, in that employees may now use military leave with pay for weekend drill or other military responsibilities which do not require them to be put on active duty, provided such responsibilities fall within the employee’s regular work schedule.

7.4 Although there is no timing element specified in the regulation, the intent of the language in the regulation is to mean that the 30 working days of military leave with pay are available to employees when they are called to required military duty. Employees can only apply their 30 working days of military leave with pay to a single term of required military duty one time. Even if a single term of required military duty exceeds the defined 12-month period, eligible employees cannot apply a new set of 30 working days of military leave with pay to a term of required military duty on which they have already used 30 working days of military leave with pay.

7.5 Even though the amendments to K.A.R. 1-9-7b were not effective until October 6, 2017, since no employee could have possibly exhausted their allotment of 15 working days that refreshed on October 1, 2017, all employees will essentially receive the full 30 working days for the 12-month period that began on October 1, 2017. 

 7.6  The term “appropriate accrued leave” used in subsection (b) of K.A.R. 1-9-7b refers to an employee’s unused discretionary holiday and any amount of accrued vacation leave, compensatory time or holiday compensatory time.  Sick leave would ordinarily not be considered “appropriate accrued leave” for the purposes of that subsection, but could qualify if the underlying reason for the absence met all requirements for the use of sick leave as specified in K.A.R. 1-9-5. 

8.0 - REFERENCES: K.A.R.’s 1-9-7b

9.0 - CONTACT PERSON:
Danelle Harsin, Deputy Director
Office of Personnel Services
Danelle.Harsin@ks.gov
(785) 296-4383

Bulletin 17-01 - Administrative Leave

1.0 - SUBJECT: Administrative Leave

2.0 - EFFECTIVE DATE: January 6, 2017

3.0 - DISTRIBUTION: State of Kansas HR Directors & Managers

4.0 - FROM: Kraig Knowlton, Director of Personnel Services DATE: January 6, 2017

5.0 - PURPOSE: This Bulletin is being issued to provide consistency and clarification regarding the use of administrative leave pursuant to Kansas Administrative Regulation (K.A.R.) 1-2-74 following amendments to that regulation that take effect on January 6, 2017.

6.0 - BACKGROUND: During the public comment period for proposed amendments to K.A.R. 1-2-74 eliminating the language prohibiting the use of administrative leave as a reward, concerns were raised by members of the Joint Committee on Administrative Rules and Regulations, employee organizations and employees regarding potential adverse effects of employees receiving administrative leave as a reward. This Bulletin is intended to address those concerns by establishing several key limitations to ensure both consistency in the use of administrative leave as a reward and that no employee is adversely impacted by receiving administrative leave as a reward.

7.0 - PROCEDURES:

7.1 During the public comment period for proposed amendments to K.A.R. 1-2-74 eliminating the language prohibiting the use of administrative leave as a reward, concerns were raised by members of the Joint Committee on Administrative Rules and Regulations, employee organizations and employees regarding potential adverse effects of employees receiving administrative leave as a reward. This Bulletin is intended to address those concerns by establishing several key limitations to ensure both consistency in the use of administrative leave as a reward and that no employee is adversely impacted by receiving administrative leave as a reward.

7.2 For the purposes of this Bulletin, administrative leave should only be provided as a reward for an employee or group of employees whose actions furthered the mission of the agency in which they work, and were either:

  1. Outside the scope of the employees’ regular duties; or
  2. Completed in a time, manner or with a result that exceeded the normal expectations for the employees’ regular duties, as determined by the agency appointing authority.

7.3 Administrative leave shall not be provided as a reward in excess of the equivalent of three (3) of the recipient’s working days per situation being rewarded. If administrative leave is provided as a reward due to the efforts of more than one employee, all employees who contributed to the action being rewarded shall receive the same amount of administrative leave.

7.4 No agency should attempt to use administrative leave as a reward as a means to prevent an employee from earning overtime compensation or compensatory time, pursuant to K.A.R. 1-5-24.

7.5 Any employee may refuse the receipt of administrative leave as a reward. Such refusals should be recorded in writing and maintained in employees’ personnel files.

8.0 - REFERENCES: K.A.R.’s 1-2-74 and 1-5-24

9.0 - CONTACT PERSON:
Danelle Harsin, Deputy Director
Office of Personnel Services
Danelle.Harsin@ks.gov
(785) 296-4383

Bulletin 11-01 - Policies from the Veterans' Preference Audit

1.0 - SUBJECT: Policies from the Veterans’ Preference Audit

2.0 - EFFECTIVE DATE: March 10, 2011

3.0 - DISTRIBUTION: State HR Directors

4.0 - FROM: Dennis Taylor, Secretary of Administration DATE: March 10, 2011

5.0 - PURPOSE: To establish policies recommended in the Performance Audit Report from the Legislative Division of Post Audit titled State Hiring Practices: Determining Whether Requirements Related to Veterans’ Preference are Being Met.

6.0 - BACKGROUND: Part of the amendments to the State’s Veterans’ Preference law made by the 2008 Legislature included a requirement that the Legislative Division of Post Audit conduct an audit of State agencies’ compliance with the amended law and report to the 2011 Legislature. Overall, it was determined that State agencies had made a good effort to comply with the Kansas Veterans’ Preference law, but the auditors recommended that the Division of Personnel Services issue policies on two particular processes in order to clarify recordkeeping responsibilities and close a loophole that could possibly result in a veteran applicant not receiving an interview, as required by law. This Bulletin establishes both of those policies, as recommended in the Performance Audit Report.

7.0 - PROCEDURES:

7.1 - Required Documentation for Proof of Compliance with K.S.A. 73-201 (c)

a)In order to prove that eligible veterans who applied for vacant positions but were not selected were notified by certified mail or personal service that they were not being hired and advised of any administrative appeal within 30 days of filling the vacant position, any agency that utilizes certified mail for this purpose is to:

1) Retain a copy of each U.S. Postal Service Certified Mail Receipt (PS Form 3800) used to notify eligible veteran applicants in accordance with K.S.A. 73-201 (c); or

2) Retain a copy of the U.S. Postal Service Domestic Return Receipt (PS Form 3811) used in notifying eligible veteran applicants in accordance with K.S.A. 73-201 (c), if the agency has chosen to utilize the Return Receipt service; or

3) Maintain a record of every tracking number from each U.S. Postal Service Certified Mail Receipt (PS Form 3800) used to notify eligible veteran applicants in accordance with K.S.A. 73-201 (c).

b) As used in subsections (a)(1) and (a)(2) above, the term “copy” may be either the original U.S. Postal Service Form, or a copied, imaged or scanned version thereof, provided all relevant information is clearly visible and legible on any copy.

c) Copies and/or records required hereunder may be maintained in electronic form, or in a file cabinet, storage container or other appropriate location of the agency’s choosing, provided that such copies or records can be produced in an orderly fashion for inspection and review, within a reasonable amount of time.

d) Information required to be maintained or retained under this section is to be kept for at least three years from the date that the notice is sent to the eligible veteran applicant.

7.2 - Allowing for Adequate Time for Verification of Veterans’ Status

a) In order to insure that staff from the Division of Personnel Services (DPS) have adequate time to review DD-214 forms submitted by veteran applicants and enter information regarding the applicant’s veteran status into the Statewide Human Resource and Payroll System (SHARP) so that each eligible veteran applicant appears on the applicant summary sheet, agencies are to:

1) Wait for a period of two working days after a position closes before printing the applicant summary sheet for use in determining which applicants to interview; and

2) Print another copy of the applicant summary sheet prior to finalizing all interviews for the vacant position, and check to make sure that no additional eligible veteran applicants have been added since the first applicant summary sheet was printed.

b) The applicant summary sheets required under this section are to be maintained or retained for at least three years from the date referenced in subsection (d) of Section 7.1 above.
8.0 - REFERENCES:K.S.A. 73-201, U.S. Postal Service Certified Mail webpage: http://www.usps.com/send/waystosendmail/extraservices/certifiedmailservice.htm

9.0 - CONTACT PERSON: For program guidelines and general questions regarding the State’s Veterans’ Preference policy or for questions regarding processes and procedures associated with applying for Veterans' Preference Eligible (VPE) State positions, contact Vicki Harding at vicki.harding@ks.gov or (785) 368-6496.

For questions regarding the verification of DD-214 forms, contact Gustavo Victoriano at Gustavo.Victoriano@ks.gov or at (785) 296-4738.

Bulletin 09-05 - State of Kansas Leave Advancement Policy

1.0 - SUBJECT: State of Kansas Leave Advancement Policy

2.0 - EFFECTIVE DATE: October 18, 2009

3.0 - DISTRIBUTION: State HR Directors

4.0 - FROM: George Vega, Director DATE: October 18, 2009

5.0 - PURPOSE: To clarify the specifics and procedures of the Leave Advancement policy authorized by Executive Order 09-08.

6.0 - BACKGROUND: As part of preparing for a possible outbreak of the H1N1 flu virus, the Governor requested that a small group of HR staff and agency managers come together to resolve several issues with respect to policies during a pandemic situation. As part of that process, the group expressed concern that some employees who had exhausted their own accrued leave balances may be hesitant to comply with the policy that employees exhibiting flu-like symptoms should not report to work since that would result in the employee having to use leave without pay for the absence. As a result, the group recommended to the Governor that the State of Kansas adopt a policy whereby employees could borrow against future leave accrual in order to remain in pay status for situations where they needed to be away from work, but did not have sufficient amounts of accrued leave to do so. The Governor agreed with the recommendation and formally authorized the policy in Executive Order 09-08.

NOTE – This policy has no relation to the policy set out in Executive Order 2004-06 by which agencies may provide certain executive level unclassified employees with up to 30 days of sick leave and/or 12 days of vacation leave at the time of hire.

7.0 - PROCEDURES:

7.1 - Eligibility for Leave Advancement

Any employee in a classified, regular position in the Executive Branch (including probationary employees) and any employee in an unclassified benefits-eligible position in the Executive Branch whose salary is approved by the Governor may receive leave under this policy if all of the following conditions are met:

a) The employee has exhausted all paid leave available for use, including vacation leave, sick leave, compensatory time, holiday compensatory time and the employee’s discretionary holiday and is not currently receiving shared leave in accordance with K.A.R. 1-9-23.

b) The reason underlying the request for advanced leave is one of those set out in K.A.R. 1-9-5 (e), or is determined by the agency appointing authority to be in the best interests of the State.

c) The request for the use of advanced leave is submitted in accordance with the provisions of K.A.R. 1-9-3 (a).

d) The employee completes and signs the “Use of Advanced Leave” form (provided as an Attachment to this Bulletin).

e) The employing agency determines that the employee does not have a history of leave abuse.

f) The employee receives approval for the use of advanced leave in accordance with the provisions of K.A.R. 1-9-3 (a).

7.2 - Amount of Advanced Leave

Each employee who is determined to be eligible may be approved for advanced leave in the amount of hours the employee is regularly scheduled to work in a bi-weekly pay period, to be used in accordance with the employee’s regularly scheduled hours of work. Advanced leave does not count as time worked for FLSA purposes and all advanced leave will be paid at the employee’s regular rate of pay. Advanced Leave does count as hours in pay status in accordance with the provisions of K.A.R. 1-2-44.

7.3 - Recording of Advanced Leave

Agencies shall use the following leave codes to record the use of advanced leave into the SHARP system:

AVD – Leave-Advancement

There is no SHARP leave balance associated with these leave codes. The usage of advanced leave will display as “Other Leave Taken” in the employee’s Total Compensation Statement.

Advanced leave for non-exempt employees shall be used in .25 hour increments. Advanced leave for exempt employees shall only be used in half or full-day increments in accordance with the provisions regarding the use of sick and vacation leave set out in K.A.R. 1-9-20.

7.4 - Deduction of Advanced Leave from Employee’s Leave Accrual

Agencies are responsible for keeping track of the usage of Advanced Leave by recording the AVD or AVE earnings code and hours in SHARP timesheets. As soon as appropriate leave is available in the employee’s leave balances, agencies should perform non-pay affecting adjustments to replace the Advanced Leave with appropriate leave that has since been accrued until all the Advanced Leave has been replaced with appropriate leave. Appropriate leave is sick and vacation leave. In addition, if, at the time a discretionary day is awarded, an advance leave balance exists which is greater than the hours scheduled for the employee’s discretionary day, the full amount of the discretionary day will be used to decrease the outstanding advance leave balance.

Agencies are responsible for documenting and keeping track of the usage of advanced leave. The SHARP system does not keep a running total of the usage of advanced leave.

7.5 - Separation from State Service Prior to Full Deduction

If an employee separates from State service before the number of hours deducted from the employee’s sick and vacation leave accrual equals the number of hours used as advanced leave, the remaining balance of hours that were not deducted shall be multiplied by the employee’s regular rate of pay and that amount shall be deducted from the employee’s final paycheck by recording code PRA (Pay Rate Adjustment) and the negative dollar amount on the employee’s timesheet. Agencies are responsible for the calculation of the amount of reduction.

In the event that the number of hours used as advanced leave exceeds the amount of the employee’s final paycheck upon separation from State service, the employee will be required to pay to the State of Kansas as liquidated damages, an amount equal to the dollar value of the advanced leave that was received by the employee and was not recovered prior to the employee’s separation from employment with the State of Kansas.

8.0 - REFERENCES:K.A.R. 1-9-3, K.A.R. 1-9-5, K.A.R. 1-9-20, K.A.R. 1-9-23 and Executive Order 09-08.

9.0 - CONTACT PERSON: For program guidelines and general questions regarding the State’s Leave Advancement policy, contact Kraig Knowlton at Kraig.Knowlton@ks.gov or at (785) 296-1082.

For questions regarding the recording of advanced leave or the deduction of hours from an employee’s sick or vacation leave accrual, contact Brent Smith at Brent.Smith@ks.gov or (785) 296-1432.

For questions regarding the process of deducting an amount from an employee’s final paycheck or personal reimbursement, contact Joyce Dickerson at Joyce.Dickerson@ks.gov or (785) 296-3979.

 

Bulletin 09-05 - Attachment

Bulletin 14-01 - New Employee Orientation Guidelines

1.0 - SUBJECT:  New Employee Orientation Guidelines

2.0 - EFFECTIVE DATE: July 1, 2014

3.0 - DISTRIBUTION: State of Kansas HR Directors & Managers

4.0 - FROM: Kraig Knowlton, Director of Personnel Services DATE: July 1, 2014

5.0 - PURPOSE:  This Bulletin is being issued to provide consistency and clarification for New Employee Orientation (NEO) under Kansas Administrative Regulation (K.A.R.) 1-8-2.It establishes the required core topics for any such policies while retaining flexibility to address the unique needs of all individual agencies.

6.0 - BACKGROUND:  Following a needs analysis and review of statewide training programs and resources by the Staff Development and Training Team (SDTT), it was determined that there is a great deal of inconsistency amongst the NEO programs that are being presented by various state agencies.  Furthermore, while K.A.R. 1-8-2 establishes the general topics that must be included in NEO programs offered to state employees, the topics listed are very broad so the SDTT determined that clarification of those requirements was necessary. 

7.0 - PROCEDURES:

7.1  For the purposes of this Bulletin:

a) State agencies will provide new employees with an orientation to their duties and responsibilities, pertinent rules and regulations, benefits, state government, and other job-related matters upon employment. The specific requirements which must be addressed are listed in the Attachment to this Bulletin.

b) This Bulletin applies to all classified regular, unclassified, and any other positions the agency deems necessary.
 

7.2  Agencies may provide their own NEO, or utilize a NEO coordinated or developed by the Office of Personnel Services.
7.3  All new classified regular and unclassified employees shall complete a NEO within 6 months of his or her appointment to position.

a)  Classified employees serving an original probationary period pursuant to K.A.R. 1-7-4 (a) or (d) must complete a NEO prior to obtaining permanent status.Failure to complete a NEO within the time period originally proscribed for the probationary period will result in an extension of the employee’s probationary period pursuant to K.A.R. 1-7-4.

8.0 - REFERENCES:  K.A.R.’s 1-7-3, 1-7-4, and 1-8-2

9.0 - CONTACT PERSON:

Craig Kibbe, Deputy Director

Office of Personnel Services
Craig.Kibbe@ks.gov
(785) 296-3778

Bulletin 09-03 - FMLA Guidelines for the State of Kansas

1.0 - SUBJECT: FMLA Guidelines for the State of Kansas

2.0 - EFFECTIVE DATE: April 5, 2009

3.0 - DISTRIBUTION: State HR Directors

4.0 - FROM: George Vega, Director DATE: March 25, 2009

5.0 - PURPOSE: This Bulletin is being issued to update and replace Bulletin 05-06 due to changes and clarifications in the Amended Family Medical Leave Act, effective January 16, 2009. Bulletin 05-06 is hereby revoked.

6.0 - BACKGROUND: Bulletin 09-03 sets out the statewide policy with respect to the FMLA. That policy had formerly been set out in regulation but at the suggestion of a team of state human resource personnel, the FMLA policy had been transferred to a Bulletin since the basic protections and rights afforded by the FMLA are set out in federal law.

The FMLA specifies: “a State is a single employer”. With that in mind it is the official position of the State of Kansas that all state agencies will administer the FMLA in a uniform and consistent manner in compliance with the federal law as outlined below.

7.0 - PROCEDURES:

7.1 - Pursuant to 29 U.S.C. 2601 et seq., each eligible employee is entitled to 12 workweeks of paid or unpaid leave during any 12-month period, beginning the first day leave is taken.

7.2 - In order to be eligible for leave under the FMLA, an employee must have:

a) been employed by the State of Kansas for at least 12 months; and

1) the 12 months an employee must have been employed by the state of Kansas need not be consecutive months.

b) worked for the State of Kansas for at least 1,250 hours during the 12-month period immediately preceding the beginning of the leave designated as FMLA leave.

1) for the purposes of determining whether intermittent/occasional/casual employment qualifies as “at least 12 months”, the employee must have been in pay status for any part of a week for at least 52 weeks, including any period of paid or unpaid leave during which other benefits or compensation were provided to the employee.

7.3 - Circumstances for which an employee would be eligible for FMLA leave include
the following:

a) the birth of the employee’s child and the care of the child within the 12 months immediately following birth;

b) the placement of a child with the employee for adoption or foster care within the 12 months immediately following placement;

c) physical or psychological care due to a serious health condition of any of the following individuals:

1) the employee’s spouse;

2) a child of the employee who meets one of the following criteria:

A) the child is under age 18; or

B) the child is 18 or older and incapable of daily self-care because of a mental or physical disability as defined by the Americans with Disabilities Act, 42 U.S.C. 12101 et seq,;

3) the employee’s parent;

4) the employee’s own serious health condition that prohibits the employee from performing all or part of the essential functions of the employee’s position within the meaning of the Americans with Disabilities Act, or

5) Qualifying Exigency Military Leave

A) For employees whose spouse, child, or parent is on active duty or call to active duty (members of regular armed services are not included);

B) Short term deployment issues, can be used for a period of 7 calendar days beginning on the date of notification;

C) Military event and related activities;

D) Counseling;

E) Financial and legal arrangement;

F) Rest and recuperation;

G) Post-deployment activities

6) Leave to care for a covered service member with a serious injury or illness

A) Injury or illness is incurred in the line of duty on active duty

B) Employee must be a spouse, child, parent, or next of kin of the covered service member

7.4 - For purposes of the FMLA, “serious health condition” means an illness, injury, impairment, or physical or mental condition that involves one of the following:

a) inpatient care; or

b) continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care professional shall involve at least one of the following:

1) a period of incapacity of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition, if it involves either of the following:

A) treatment two or more times by a health care provider or a provider of health care services under orders of the health care provider; or

B) at least one treatment by a health care provider that results in a regimen of continuing treatment under the health care provider's supervision;

2) any period of incapacity due to pregnancy or for prenatal care;

3) any period of incapacity or treatment for incapacity due to one of the following chronic serious health conditions:

A) a condition that requires periodic treatment by a health care provider;

B) a condition that continues over an extended period of time; or

C) a condition that causes episodic incapacity rather than a continuing period of incapacity;

4) a period of incapacity that is permanent or long-term and is due to a condition for which treatment may not be effective; or

5) any absence to receive multiple treatments by a health care provider for one of the following:

A) restorative surgery after an accident or other injury; or

B) a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of treatment.

7.5 - As the US Department of Labor views the State of Kansas as one employer, the state’s official position is that the administration of the FMLA will be uniform and consistent for all state agencies.

a) The agency should begin the FMLA notification within five days after a request for leave is submitted by the employee, or of the date the employer becomes aware of a potential FMLA event, regardless of whether the employee does or does not have paid leave time available. The agency must provide the employee with written notice detailing the specific expectations and obligations of the employee under the FMLA, a copy the appropriate federal Certification form and an explanation of any consequences of a failure to meet these obligations.

b) If the employee has paid leave time available, the FMLA will run concurrently. If the employee does not have paid leave to cover the FMLA absences, the FMLA leave will be leave without pay.

c) The federal FMLA forms should be used for all FMLA notifications. A list of these forms is as follows:

1) Notice of Eligibility and Rights and Responsibilities - WH-381

2) Certification of Health Care Provider for Family Member’s Serious Health Condition – WH-380-F

3) Certification of Health Care Provider for Employee’s Serious Health Condition – WH-380-E

4) Certification of Qualifying Exigency for Military Family Leave – WH-384

5) Certification for Serious Injury or Illness of Covered Service member for Military Family Leave – WH-385

6) Designation Notice – WH-382

 

7.6 - Once an agency has determined that the employee is eligible for leave and the reported condition qualifies as a “serious condition” under the FMLA, the agency must notify the employee that the requested leave has been designated as FMLA leave.

a) The agency’s notice to the employee that the leave has been designated as FMLA leave may be orally or in writing.

b) If the notice is oral, it must be confirmed in writing, no later than the following payday (unless the payday is less than one week after the oral notice, in which case the notice must be no later than the subsequent payday).

c) The written notice may be in any form.

Note – Examples of documents that can be used to satisfy the notice requirements set out in sections 7.5 and 7.6 can be found at the following link: https://www.dol.gov/agencies/whd/fmla/forms

7.7 - All time away from work that is taken due to circumstances that qualify under subsection 7.4 must be approved by the agency and must count against the employee’s 12 workweek leave entitlement, beginning with the first day that the agency has knowledge of a possible situation that may qualify for FMLA leave.

a) Exempt employees are still required to use sick, shared and vacation leave, as well as any holiday compensatory time, in half or full day increments and leave without pay in full day increments.

b) In accordance with recommendations of US DOL, exempt employees using leave without pay for FMLA purposes are to use leave without pay only in full-day increments.

c) Only the actual time spent away from work may be counted against an employee’s 12 workweek leave entitlement.

d) If an employee is on unpaid FMLA leave for greater than 30 days, their length of service will not be negatively affected by such absence. Unpaid FMLA leave will continue to count toward the employee’s length of service.

7.8 - An employee must receive intermittent leave or a reduced work schedule when medically necessary for the employee’s serious health condition or to care for a family member with a serious health condition. An employee may receive intermittent leave or a reduced work schedule for the birth of the employee's child or for the placement of a child with the employee for adoption or foster care.

a) The exempt status of an exempt employee shall not be affected if deductions are made from the employee's salary for any hours taken as intermittent leave or a reduced work schedule within a work week.

b) The appointing authority may transfer any employee to an available position with equivalent pay and benefits during a period of intermittent leave or a reduced work schedule.

c) Any employee returning from intermittent leave or a reduced work schedule must be returned to the same or equivalent position with equivalent pay, benefits, and terms and conditions of employment, in accordance with K.A.R. 1-9-6.

7.9 - The appointing authority shall require an employee to provide a certification containing evidence necessary to establish that the employee is entitled to leave under the FMLA. The employee must be given a written notice of the requirement. The first certification shall be at employee expense. The appointing authority may require a second certification at agency expense when the validity of the first certification is in doubt. A third certification may be required at agency expense when the first and second certifications differ, and the third certification shall be final and binding. Employees must be allowed at least 15 calendar days to provide the requested certification.

7.10 - The agency may require the employee to provide no more than one recertification opinion for each qualifying condition every 30 days in conjunction with an absence, at employee expense, for long-term conditions under continuing supervision of a health care provider except that a recertification opinion may be required before the end of 30 days if circumstances described by the previous medical certification have changed significantly or the agency receives information that casts doubt upon the employee's reason for the absence.

7.11 - Each agency shall maintain the employee's group health insurance coverage during an employee’s 12 workweek FMLA leave entitlement under the same conditions and with the same agency contributions as provided when no leave is
taken.

7.12 - Each agency must post a notice that provides information regarding the FMLA in a conspicuous place accessible to employees and applicants.

7.13 - The agency's obligations under the FMLA shall cease when the employee gives notice of the employee's intent not to return to work.

8.0 - REFERENCES:

29 U.S.C 2601 et seq. The FMLA may be viewed in its entirety, at the following website. https://www.dol.gov/agencies/whd/fmla/forms

9.0 - CONTACT PERSONS:

Kim Warren at Kim.Warren@ks.gov or by telephone at (785) 296-4352.

Bulletin 09-02 - Payment for Employees Activated to Military Duty

1.0 - SUBJECT: Payments for Employees Activated to Military Duty

2.0 - EFFECTIVE DATE: January 1, 2009

3.0 - DISTRIBUTION: State HR Directors

4.0 - FROM: George Vega, Director DATE: February 5, 2009

5.0 - PURPOSE: This Bulletin is being issued in order to reflect Internal Revenue Service changes regarding the exemption of supplemental wage payments made by employers to employees called to active military service that became effective on January 1, 2009. Pursuant to the Heroes Earning Assistance and Relief Tax Act (Pub. L. No. 110-245), all such payments are no longer exempted from federal income tax and are now considered wages for federal income tax purposes. These payments remain exempt from FICA, but must now be reported as wages on employees’ W-2 forms. With respect to procedure, rather than agencies processing military pay differentials themselves through the STARS system, they should now contact the Division of Accounts and Reports who will instruct the agency personnel in processing the payment through the SHARP system. The provisions of Section 7.1 (c) and 7.3(c)(9) have been updated to reflect these changes. There are no other substantive changes to any provisions regarding payments described in this Bulletin. Bulletin 08-02 is hereby revoked.

6.0 - BACKGROUND:

On February 3, 2005, the Governor issued Executive Directive 05-356 which authorized Military Activation Payments for State employees who were activated to full time military duty, mobilized, and deployed in excess of 30 consecutive days in support of a military operation to defend our nation on or after September 11, 2001 and a Military Pay Differential for State employees meeting the same activation requirements who were called to active duty on and after January 16, 2005. The activation payments authorized under the Executive Directive were established as a one-time $1,000 payment and the amount of a differential received by eligible employees was limited to $500 per pay period. Implementation guidelines were issued to clarify the policies and establish procedures for agencies and employees with respect to these payments.

The Legislature included provisions for both of these types of payments to State employees in L. 2008 Ch. 156 § 3, but increased the amount of the one-time activation payment to $1,500 and the amount of a differential available to eligible employees to $1,000 per pay period. These increases became effective on July 1, 2008. Aside from these increases, the only other change to the program prescribed by the Legislature has to do with the basis for determining the amount of a military pay differential. The legislation is specific that eligible employees are to receive the difference between the amount of the employee’s regular State employee wages and the employee’s military base pay. The additional military allowances that were factored into the determination under the program as authorized by Executive Directive 05-356 are no longer to be considered.

7.0 - PROCEDURES:

7.1 - PAYMENT TYPES

a) Military Activation Payment: A one-time activation gross payment of $1,500 for eligible State of Kansas employees who are activated to full-time duty and mobilized and deployed for more than 30 consecutive days in support of a military operation to defend our nation, on and after July 1, 2008.

1) No employment taxes or employee/employer deductions should be withheld from these non-wage payments. Payments will be reported on Form 1099-MISC, Box 3 as Other Income.

b) Military Pay Differential: A pay differential, limited to $1,000 per pay period for eligible State of Kansas employees who are activated to full-time duty, mobilized and deployed for more than 30 consecutive days in support of a military operation to defend our nation, on and after July 1, 2008.

1) These payments are exempt from FICA, but are to be considered wages for federal income tax purposes. These wages are therefore reportable on the employee’s W-2, in Box 1.

c) Employees will be responsible for reporting any taxable income on their personal income tax return. Employees should consult their tax advisor to determine if estimated tax payments are required or if any other individual tax consequences may result from these payments.

7.2 - ELIGIBILITY

a) In order to be eligible for a Military Activation Payment or a Military Pay Differential, an individual must be:

1) A current benefits eligible employee (including unclassified temporary employees who are eligible for benefits) with the State of Kansas;

2) A member of any of the following military reserve groups in the United States: The military branches and related services of the Army Reserve, Naval Reserve, Marine Corps Reserve, Air Force Reserve, Coast Guard Reserve, Army or Air National Guard, Public Health Commissioned Corps, or other category of person designated by the President in time of war or emergency;

3) Activated to full-time military duty;

4) Mobilized, as indicated on the employee’s military orders; and

5) Deployed as a result of the required active duty. For the purposes of eligibility for a payment pursuant to this Bulletin, “deployed” means that the employee is stationed at a location that prevents him or her from going home overnight.

7.3 - PROCESSES

a) Agencies should notify eligible employees or their legal representative of the employee’s potential eligibility for a Military Activation Payment or Military Pay Differential. A sample letter that can be used for this purpose is included as Attachment data-sf-ec-immutable="" I.

b) For a Military Activation Payment, agencies and employees should follow the following procedures:

1) Employees should present a copy of his or her military orders, a completed W-9 data-sf-ec-immutable="" form, along with a completed Application for Military Activation and Military Pay Differential Payment Form (included below as Attachment data-sf-ec-immutable="" II), to his or her agency.

NOTE – Payments cannot be made prior to the 30 day requirement and location stipulations.

2) Agencies should complete the Military Activation Payment and Pay Differential Eligibility Checklist (included below as Attachment data-sf-ec-immutable="" III) in order to make sure that the employee meets the eligibility requirements for such a payment.

NOTE – Employees who have previously received a Military Activation Payment are not eligible for or entitled to receive additional Military Activation Payments.

3) If an employee does not meet the eligibility requirements for a Military Activation Payment, agencies are to notify the employee of that fact.

4) If an employee does meet the eligibility requirements for a Military Activation Payment, the agency should submit the completed copy of the Application for Military Activation and Military Pay Differential Payment Form to the Office of the Adjutant General of Kansas. Upon approval, the Military Activation Payment will be processed through a STARS payment vouchers. Agency personnel may contact the Division of Accounts and Reports for assistance in processing an approved Military Differential Payment through SHARP.

5) Agencies should submit the completed copies of the Application for Military Activation and Military Pay Differential Payment Form to:

Adjutant General's Department
ATTN: Michael E. Neth
2722 S.W. Topeka Blvd.
Topeka, KS 66611-1287

c) For a Military Pay Differential, agencies and employees should follow the following procedures:

1) Employees should present a copy of his or her military orders, a completed W-9 form, along with a completed Application for Military Activation and Military Pay Differential Payment Form, to his or her agency.

2) In addition, employees must also submit copies of his or her Defense Finance and Accounting Service Military Leave and Earnings Statement (LES) to the employee’s agency each time the employee is paid so the agency can calculate the payment.

a) The employee may submit the LES in the most expeditious way available, but electronic submission is encouraged.

b) Instructions on how to read and understand the LES can be found at  https://www.dfas.mil/dam/jcr:a41809fa-81a4-4cc7-890e-0207e58fef1d/Army_reading_your_LES.pdf

3) Employees need to provide the W-9 form along with their application. The W-9 form is required by accounting to send the payment electronically to the employee's bank account.

4) Agencies should complete the Military Activation Payment and Pay Differential Eligibility Checklist in order to make sure that the employee meets the eligibility requirements for such a payment.

5) If an employee does not meet the eligibility requirements for a Military Pay Differential, agencies are to notify the employee of that fact.

6) If an employee does meet the eligibility requirements for a Military Pay Differential, for the purposes of determining the amount of the payment, the employee’s military wages will be the employee’s military base pay as listed on the employee’s LES.

a) If the military base bay is a semi-monthly amount, multiply the semi-monthly amount by 24 and then divide by 26 to determine a bi-monthly amount for the military base pay.

7) State of Kansas employee wages are based on the hourly or bi-weekly wage rate exclusive of any overtime, non-permanent shift differentials, or salary additions such as a wage differential.

a) If the rate provided is the hourly rate, agencies should multiply that rate by 80 in order to determine the bi-monthly State of Kansas employee wages.

8) Agencies should then compare the bi-monthly amount of military base pay and the bi-monthly State of Kansas employee wages.

a) If the bi-monthly amount of military base pay is more than the bi-monthly State of Kansas employee wages, the employee will not receive a Military Pay Differential.

b) If the bi-monthly amount of military base pay is less than the bi-monthly State of Kansas employee wages, the agency should subtract the bi-monthly amount of military base pay from the bi-monthly State of Kansas employee wages. The difference is the amount of the Military Pay Differential for the employee.

9) The agency is responsible for the calculation of any payment due the employee. This calculation should be performed bi-weekly after the employee furnishes the agency with the most current Military Leave and Earnings Statement.

10) Military Pay Differentials will be processed by the Division of Accounts and Reports through the SHARP system. Agencies should refer to Informational Circular 09-P-021 or contact Earl Brynds at (785) 296-5376 or by email at Earl.Brynds@ks.gov for instructions to complete make arrangements for these payments.

d) For additional information on the effect on an employee’s benefits during military leave, please refer to Bulletin 04-02. The Bulletin and applicable regulations can be viewed at the following links: Kansas Administrative Regulations and Personnel Bulletins

8.0 - REFERENCES:

• 2008 Sub. for HB 2923 https://www.kansas.gov/government/legislative/bills/2008/2923.pdf

• Executive Directive 05-356

Implementation Guidelines for Executive Directive 05-356 

9.0 - CONTACT PERSONS:

• For program guidelines, please contact Kraig Knowlton at (785) 296-1082 or by email at: Kraig.Knowlton@ks.gov

• For questions concerning Military Activation Payments through STARS, please contact Michael Neth at the Adjutant General’s Office at (785) 646-0571 or by email at Michael.e.neth.nfg@army.mil

• For questions concerning Military Pay Differential payments, please contact Earl Brynds in the Division of Accounts and Reports at (785) 296-5376 or by email at: Earl.Brynds@ks.gov

• For questions concerning military issues such as military orders, individual military status etc., please contact Beth Visocsky at (785) 646-0566 or by email at elizabeth.a.visocsky.nfg@army.mil

Bulletin 09-02 Attachment 1
Bulletin 09-02 Attachment 2
Bulletin 09-03 Attachment 3

Bulletin 08-04 - State Telecommuting Policy

Bulletin No. 08-04


1.0 - SUBJECT: State Telecommuting Policy

2.0 - EFFECTIVE DATE: August 25, 2008

3.0 - DISTRIBUTION: State HR Directors

4.0 - FROM: George Vega, Director DATE: August 25, 2008

5.0 - PURPOSE: This Bulletin is being issued in order to clarify that State agencies in the Executive Branch have the flexibility under existing policies and regulations to provide for telecommuting (also known as Telework) opportunities for employees in their agencies. This Bulletin establishes the general framework for any such policies but it does not attempt to address the unique needs of all individual agencies.

6.0 - BACKGROUND: There are no regulations or statutes that specifically address the subject of telecommuting nor are there current statewide policies providing guidance on the establishment of such policies. Telecommuting can be an effective tool for agencies to attract and retain a diverse and talented work force. There are many advantages to telecommuting, including reduced transportation costs, improved productivity among employees, and providing agencies with the ability to quickly implement social distancing of employees in the case of a COOP (Continuity of Operations) event such as a Pandemic Influenza outbreak.

7.0 - PROCEDURES:

7.1  For the purposes of this Bulletin:

a) "Telecommuting" means working one or more days each work week from a location other than the employee’s regular worksite; and

b) an employee’s “regular worksite” means the State agency worksite where the employee would be required to work if he or she did not telecommute.

7.2  Within the limitations established by K.A.R. 1-9-1, Executive Branch agencies in the State of Kansas may develop and implement telecommuting policies and provide the option to telecommute to employees, when the agency determines such an arrangement to be appropriate and in the best interests of the State of Kansas. Telecommuting may be part of an employee’s regular schedule or done on a short-term basis.

7.3  Telecommuting is not appropriate for all employees or positions and the decision of whether to develop and/or implement a telecommuting policy is a management decision that may be made at the discretion of the appointing authority. No employee is entitled to, or guaranteed the opportunity to, telecommute. Factors that may influence the consideration of telecommuting include: the nature of a job and the suitability of performing required tasks away from the “regular worksite”, the personal characteristics and work habits of an employee and the management style of the supervisor.

7.4  In situations where telecommuting has been deemed to be appropriate and an agency has developed and instituted a policy, such policies must clearly delineate the parameters of the options with respect to telecommuting. These include, but are not limited to: security of privileged information, safety, work environment, availability for contact, property provided by the employer and that which is the responsibility of the employee, any costs attributed to the employer as well as to the employee and access to the telecommute worksite by the agency.

7.5  When the opportunity for telecommuting is offered, such an option shall not negatively affect the customer service provided to the citizens of the State of Kansas or other customers of the agency. The business needs of the agency, the public and the State of Kansas as a whole shall be considered paramount in the decisions of whether to offer such an option to employees.

7.6  Any policy or procedure with respect to telecommuting developed pursuant to this Bulletin shall comply with all applicable Federal and State rules, regulations and statutes.

8.0 - REFERENCES: K.A.R. 1-9-1, Regulations

9.0 - CONTACT PERSONS: Danelle Harsin at danelle.harsin@ks.gov or at (785) 296-4383.

Bulletin 08-03 - Implementation Guidelines for Mentor Kansas Program

Bulletin No. 08-03


1.0 - SUBJECT: Implementation Guidelines for Participation in the  Mentor Kansas Program

2.0 - EFFECTIVE DATE: August 24, 2008

3.0 - DISTRIBUTION: State HR Directors

4.0 - FROM: George Vega, Director DATE: August 19, 2008

5.0 - PURPOSE: To establish the procedures for employees to participate in the Mentor Kansas program, as authorized by Executive Order NO. 08-10.

6.0 - BACKGROUND:

Governor Kathleen Sebelius issued Executive Order NO. 08-10, which approves time away from the worksite for State employees for working with an approved mentoring program.

7.0 - PROCEDURES:

7.1   All full-time, classified and unclassified employees in the Executive Branch are eligible to spend up to 90 minutes of regularly scheduled work time per pay period working with an approved mentoring program.

7.2  For the purposes of this Bulletin, an “approved mentoring program” is one that is registered with the Mentor Kansas program and listed as a Mentor Kansas Gold Star Program at the following link: https://mentorkansas.org/Find-a-Program  
a) Each agency is responsible for verifying that the mentoring program for which an employee is requesting time away from the worksite is an approved mentoring program.

7.3  Time spent working with an approved mentoring program pursuant to this Bulletin shall be considered time worked for FLSA purposes.

7.4  Employees may use up to 90 minutes of work time per pay period to work with an approved mentoring program. This time must fall within the employee’s regular work schedule and shall not be used during or result in overtime for non-exempt employees.

7.5  Requests to spend time away from the worksite pursuant to this Bulletin must be submitted and approved in accordance with applicable agency procedures.

7.6  Requests to spend time away from the worksite pursuant to this Bulletin may be denied for any of the following reasons:
a) The activity for which time away from the worksite is requested is not an approved mentoring program;
b) The request is not submitted and approved in accordance with agency procedures;
c) The most recent performance review rating of the employee requesting time away from work is unsatisfactory;
d) If, after considering reasonable alternatives and options, it is determined that the employee’s absence will unreasonably interfere with the business of the agency and the services provided by the agency; and/or
e) For any other reason for which the appointing authority deems that the employee’s absence would not be in the best interests of the State of Kansas.

7.7  Even while working with an approved mentoring program away from the worksite, State of Kansas employees are subject to the same expectations with respect to their conduct as they would be if they were performing their regular duties.

8.0 - SHARP TIME AND LEAVE PROCEDURES

8.1  Use the following earning code to record time spent away from the worksite pursuant to this Bulletin in the SHARP system:
a) KMP – Mentor Kansas Program

8.2  Enter the time spent working with the Mentor Kansas Program in .25 hour increments for both non-exempt and exempt employees.

8.3  Agencies are responsible for documenting and keeping track of time spent away from the worksite pursuant to this Bulletin, including insuring that employees do not use more than 90 minutes per pay period. The SHARP system does not store a balance of this code.

9.0 - REFERENCES: Executive Order NO 08-10:
http://kslib.info/DocumentCenter/View/560

10.0 - CONTACT PERSONS: Brent Smith at Brent.Smith@ks.gov or by phone at (785) 296-1432.

https://mentorkansas.org/Find-a-Program  

Bulletin 08-01 - Veterans' Preference Policy

Bulletin No. 08-01

1.0 - SUBJECT: Veterans' Preference Policy

2.0 - EFFECTIVE DATE: July 1, 2008

3.0 - DISTRIBUTION: State HR Directors

4.0 - FROM: George Vega, Director DATE: June 26, 2008

5.0 - PURPOSE: This Bulletin is being issued in order to implement the provisions of 2008 Substitute for House Bill 2562 which amends K.S.A. 73-201 to clarify and implement new provisions regarding the veterans’ preference program for the State of Kansas. .

6.0 - BACKGROUND: In the 2007 Legislative Session, the House of Representatives developed and passed legislation clarifying the State’s veterans’ preference policy. House Bill 2562 incorporated provisions of both K.S.A. 73-201 and K.S.A. 75-2955, reconciling the policies set out in these two statutes which had long been argued to be in conflict. The bill clarified the intent and nature of the preference that is to be provided under State law also expanded the eligibility for veterans’ preference. The bill passed the House in the 2007 session but was not passed by the Senate until 2008 as Substitute for House Bill 2562.

7.0 - PROCEDURES:

7.1  For the purposes of determining eligibility for veterans’ preference, the term “under honorable conditions” as stated in sections (a)(1)(A), (B) and (C) of K.S.A. 73-201, and amendments thereto, means persons who received an honorable discharge from the armed services. A person who received a general discharge from the armed services, even those termed to be “under honorable conditions”, will not be determined to be eligible for veterans’ preference with the State of Kansas.

7.2  Any person wishing to be considered eligible for a veterans’ preference under section (a)(1)(C) or (D) of K.S.A. 73-201, and amendments thereto, must produce in addition to the fully completed DD-214 form, documentation in the form of a letter from the United States Department of Veterans Affairs that is dated within the last 12 months to verify that any disability serving as the basis for veterans’ preference is service-connected, as well as the percentage of the service-connected disability.

7.3  Any person wishing to be considered eligible for a veterans’ preference under section (a)(1)(D), (E) or (F) of K.S.A. 73-201, and amendments thereto, must produce, in addition to the DD-214 form, documentation in the form of a copy of a marriage license in order to verify their relationship to the service member.

7.4  Any person wishing to be considered eligible for a veterans’ preference under section (a)(1)(E) of K.S.A. 73-201, and amendments thereto, must produce the documentation in the form of a copy of an official letter or notice from the Federal Government showing that their spouse died while serving in the armed forces.

7.5

a) The following positions are not subject to veterans’ preference:

1) An office filled by election;

2) A position filled by officers elected by popular vote, persons appointed to fill vacancies for such positions, and the personal secretary of each such officer;

3) Members of boards and commissions;

4) Persons employed on a temporary basis;

5) Heads of departments;

6) Positions that require licensure as a physician, osteopathic physician or chiropractic physician;

7) Positions that require that the employee be admitted to practice law in the State of Kansas;

8) A job held by a patient, inmate or student enrolled at a state institution;

9) Temporary or casual employment positions; and

10) A key employee.

b) For the State of Kansas, a key employee is an individual in any position in the
unclassified service, as enumerated in K.S.A. 75-2935, and amendments thereto, or any other Kansas statute.

7.6  Any person determined to be a veteran in accordance with the eligibility criteria set forth in section (a)(1) of K.S.A. 73-201, and amendments thereto, shall receive veterans’ preference for each veterans’ preference eligible position within the State of Kansas for which the person applies, regardless of whether the employee has previously applied for, was hired for or was promoted from any other position.

7.7  Pursuant to section (f) of K.S.A. 73-201, each agency and every employment center of the State must openly display documents that indicate that veterans are eligible for a preference in employment. Displaying a printed copy of the following website on the agency’s official bulletin board, or in another prominent location, will be sufficient for the purposes of satisfying the requirement. http://www.da.ks.gov/ps/aaa/recruitment/veterans.htm

7.8  Prior to the posting of a job vacancy for a veterans’ preference eligible position to the notice of vacancy, or to the publication of any type of advertisement for such a vacancy, the agency shall document the factors that will be used to determine whether an applicant for the position is competent, pursuant to section (a)(2) of K.S.A. 73-201, and amendments thereto. The agency may utilize any of the criteria listed in that section to form the basis for this decision. Once such factors are determined, the agency shall maintain a written copy of such factors, signed and dated by the appointing authority, or the appointing authority’s designee.

7.9  All notices of job vacancies for veterans’ preference eligible positions, and all applications for employment must include a statement that jobs are subject to veterans’ preference, how the preference works and how veterans may take advantage of the preference. The Division of Personnel Services will provide examples of language that can be utilized to satisfy these requirements.

7.10  All notices of vacancies for veterans’ preference eligible positions must include the following:

a) The qualifications for the position, including any preferred selection criteria for the position;

b) Performance standards for the position; and

c) A summary of the process that will be used for selection.

A link to the appropriate classification specification for the position will be sufficient for the purposes of satisfying the requirement regarding the minimum qualifications for the position. A link to the position description for the position and a brief description of the agency’s expectations of a successful candidate will be sufficient for the purposes of satisfying the requirement regarding the performance standards for the position.

7.11  All advertisements for a veterans’ preference eligible position must include the term “VPE” to indicate that the position is a veteran’s preference eligible position and must also include the web address or link to the notice for the position that is posted on the notice of vacancies.

7.12  Pursuant to K.A.R. 1-6-21, all applicants certified as veterans who meet the qualifications for a veterans’ preference eligible position, shall be offered an interview and considered for the position. If an agency has established preferred selection criteria for the position pursuant to K.A.R. 1-6-3 (c), then only those applicants certified as veterans who meet both the minimum requirements and the preferred selection criteria for the position are required to be offered an interview and considered for the position.

7.13  If, after applying the criteria set out in section 7.8 above, the veteran is determined to be the most competent candidate for the position, or is equally as competent as one or more other candidates, the position shall be offered to the veteran.

7.14  In the case of a situation where two or more veterans have applied for a veterans’ preference position and are determined to be the most competent candidates, the position shall be offered to the veteran who is determined by the agency, in accordance with section 7.8 above, to be the most competent.

7.15  Within 30 calendar days of filling a position, eligible veterans who applied for a veterans’ preference eligible position and were not selected must be notified in writing, by certified mail or personal service, that they were not selected for the position. The notification must also advise the veteran of any administrative appeal available. The Division of Personnel Services will provide examples of language that can be used for such notifications.

8.0 - REFERENCES: K.S.A. 73-201 (as amended by 2008 Substitute for House Bill 2562 https://www.kansas.gov/government/legislative/bills/2008/2562.pdf,   K.S.A. 75-2935, K.A.R. 1-6-2, 1-6-3, and K.A.R. 1-6-21.

9.0 - CONTACT PERSON: Gustavo Victoriano at gustavo.victoriano@ks.gov or at (785) 296-4714

Bulletin 07-01 - Time Off Due to Domestic Violence or Sexual Assault

1.0 - SUBJECT: Time off due to domestic violence or sexual assault

2.0 - EFFECTIVE DATE: January 1, 2007

3.0 - DISTRIBUTION: State HR Directors

4.0 - FROM: George Vega, Director DATE: January 1, 2007

5.0 - PURPOSE: This Bulletin is being issued in order to implement the provisions of 2006 Senate Substitute for House Bill 2928 which contains protections for employees who are victims of domestic violence or sexual assault.

6.0 - BACKGROUND: In the 2006 Legislative Session, the Legislature passed Senate Substitute for House Bill 2928 which deals primarily with establishing substitute addresses for victims of domestic violence, sexual assault, stalking and human trafficking so that public records cannot be used to locate these victims. The final two sections of the bill provide protections with respect to the employment of individuals who are victims of domestic violence or sexual assault.

7.0 - PROCEDURES:

7.1  For the purposes of this Bulletin;

a) “domestic violence” means abuse as defined in K.S.A. 60-3102, and amendments thereto; and

b) “sexual assault” means any crime defined in K.S.A. 21-3502 (rape), 21-3503 (indecent liberties with a child), 21-3504 (aggravated indecent liberties with a child), 21-3505 (criminal sodomy), 21-3506 (aggravated criminal sodomy), 21-3602 (incest), or 21-3603 (aggravated incest), and amendments thereto.

7.2  Employees who are victims of either domestic violence or sexual assault may not be discharged, discriminated or retaliated against in any way for taking time off work to:

a) Obtain or attempt to obtain any relief, including, but not limited to, a temporary restraining order, restraining order or any other injunctive relief to help insure the health, safety or welfare of the victim or the victim’s child or children;

b) Seek medical attention for injuries caused by domestic violence or sexual assault;

c) Obtain services from a domestic violence shelter, domestic violence program or rape crisis center as a result of domestic violence or sexual assault; or

d) Make court appearances in the aftermath of domestic violence or sexual assault.

7.3  An employee may use any accrued leave or, if accrued leave with pay is unavailable to the employee, leave without pay, not to exceed a total of eight days per calendar year for a purpose specified in subsection 7.2. The entitlement of any employee pursuant to this provision shall not be diminished by any collective bargaining agreement term or condition, but the limit of eight days per calendar year may be increased pursuant to a collective bargaining agreement.

7.4  As a condition of taking time off pursuant to subsection 7.3, employees must give reasonable advance notice of their intention to take time off whenever such advance notice is feasible.

7.5  Within 48 hours after returning from time off requested pursuant to this Bulletin, employees are to provide information supporting their request for leave to their employing agency. Such information may include, but is not limited to:

a) A police report indicating that the employee was a victim of domestic violence or sexual assault;

b) A court order protecting or separating the employee from the perpetrator of an act of domestic violence or sexual assault, or other evidence from the court or prosecuting attorney that the employee has appeared in court; or

c) Documentation from a medical professional, domestic violence advocate or advocate for victims of sexual assault, health care provider or counselor that the employee was undergoing treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence or sexual assault.

7.6  To the extent allowed by law, the legislation requires that employers maintain the confidentiality of any employee requesting leave pursuant to this Bulletin, as well as the confidentiality of any supporting documentation provided by the employee in support of a request for leave.

7.7  Due to this confidentiality issue, there will be no specific leave code developed to record leave taken pursuant to this Bulletin. Agencies are encouraged to develop and maintain their own systems for tracking and maintaining records of this type of leave in keeping with the requirements of confidentiality.

7.8  Any records of leave being taken for the purposes set forth in this Bulletin or any documentation submitted in support of such requests is to be considered confidential and is not to be disclosed.

8.0 - REFERENCES:2006 Senate Substitute for House Bill 2928. The bill may be viewed at
the following link: http://www.kslegislature.org/bills/2006/2928.pdf
9.0 - CONTACT PERSON: Kraig Knowlton at kraig.knowlton@ks.gov or at (785) 296-1082.

Bulletin 05-04 - Clarification of "Work Week" and "Work Period"

1.0 - SUBJECT: Clarification of the terms “workweek” and “work period” with respect to Fair Labor Standards Act (FLSA) issues.

2.0 - EFFECTIVE DATE: August 1, 2005

3.0 - DISTRIBUTION: State HR Directors

4.0 - FROM: Jack E. Rickerson, Director DATE: August 1, 2005

5.0 - PURPOSE: This Bulletin clarifies the difference between the terms “workweek” and “work period” with respect to the compensation practices of the State of Kansas.

6.0 - BACKGROUND: While these terms both appear in both K.A.R. 1-5-24 (Overtime) and 1-9-1 (Hours of Work), neither is currently defined in Article 2 of the personnel regulations. This Bulletin is for clarification purposes only and does not make any policy changes as the current policy with respect to the understanding of the difference between these two terms is correct under the FLSA.

7.0 - PROVISIONS:

7.1 - Definitions:

For the purposes of K.A.R. 1-5-24 and 1-9-1, the term:

a) “Workweek” means a fixed and regularly reoccurring period of 168 hours – seven

consecutive 24-hour periods; and

b) “Work period” refers to any established and regular reoccurring period of work which cannot be less than seven consecutive days nor more than 28 consecutive days.

7.2  Explanation of the use of a workweek as opposed to a work period:

a) Only those employees who specifically qualify under the FLSA may substitute work periods for a workweek.

b) Within the state workforce, this group consists exclusively of employees involved in public safety activities (i.e. commissioned law enforcement officers and firefighters).

c) Pursuant to K.A.R. 1-9-1, most overtime eligible (non-exempt) employees may rearrange their regularly scheduled hours of work as approved by the appointing authority, but may only do so within a single workweek.

d) Those employees who are eligible to substitute work periods for workweeks may rearrange their regularly scheduled hours of work within that work period.

8.0 - REFERENCES:

• K.A.R. 1-5-24, Overtime: /ps/documents/regs/art-5.htm#1-5-24

 

• K.A.R. 1-9-1, Hours of work: /ps/documents/regs/art-9.htm#1-9-1

 

• The Federal Fair Labor Standards Act (FLSA): https://www.dol.gov/agencies/whd/flsa

9.0 - CONTACT PERSON: If you have questions about this Bulletin, or believe that you know of a situation where the distinctions set out above were not utilized correctly, please contact Danelle Harsin at danelle.harsin@ks.gov or (785)296-4383.

Bulletin 05-03 - Clarification of Holiday Issues

1.0 - SUBJECT: Clarification of issues regarding holidays for state employees.

2.0 - EFFECTIVE DATE: June 20, 2005

3.0 - DISTRIBUTION: State HR Directors

4.0 - FROM: Jack E. Rickerson, Director DATE: June 20, 2005

5.0 - PURPOSE: This Bulletin clarifies the policies and procedures of holiday pay for state employees. The provisions of this Bulletin apply to classified employees and those unclassified employees covered by Executive Order 04-13. This Bulletin is being issued to update and clarify Bulletin 04-04 as a result of amendments to the personnel regulations that became effective on June 5, 2005. Bulletin 04-04 is hereby revoked.

6.0 - BACKGROUND:

Bulletin 04-04 was issued in response to a number of questions regarding specific provisions of K.A.R. 1-9-2. This Bulletin updates subsection 7.10 and adds a new subsection (7.12) on the impact of separating from state service with respect to holiday credit in order to be consistent with the amendments to the personnel regulation which were effective on June 5, 2005.

7.0 - PROCEDURES:

7.1 - Holiday Terminology:

a) Holiday Credit: Holiday pay or holiday compensatory time for paid time off at a straight-time rate. The holiday credit is based on the employee’s work schedule for that day. For example, the holiday credit could be 4, 8, 9, 10, or 24 hours. Common SHARP earnings codes used for this are HDC (adds to gross) or HCC (adds to the holiday compensatory time balance).

b) Holiday Compensation: Either holiday pay or holiday compensatory time at a time-and-a-half rate for those hours worked on a holiday. Common SHARP earnings codes used for this are HDP (adds to gross) or HCP (adds to the holiday compensatory time balance).

c) Holiday Premium Compensation: Either holiday pay or holiday compensatory time at a half-time rate for those hours worked on a holiday that result in overtime. Common SHARP earnings codes used for this are HDV (adds to gross) or HCV (adds to the holiday compensatory time balance).

d) Holiday compensatory time earned as a result of any of the three terms defined in this subsection may only be used after it has been earned.

7.2 - Legal versus Officially Observed:

a) If an employee works on either the legal holiday or the officially observed holiday, but not both, the day on which the employee works is considered the holiday for the purpose of holiday compensation.

b) The officially observed holiday will still be the basis when determining the hours of holiday credit to be given. If an employee works on both the legal holiday and the officially observed holiday, the day in which the employee works the most hours is considered the holiday. If the employee works the same number of hours on both days, the employee will receive holiday compensation for the day which is most advantageous for the employee and will not receive holiday compensation for the other day worked.

c) If the Governor designates two consecutive days during the normal regular work week of Monday through Friday as a holiday (for example, Thanksgiving holiday, Thursday and Friday) an employee who is required to work on both days shall receive the appropriate holiday credit and holiday compensation in accordance with K.A.R. 1-9-2 for both days.

7.3 - Holiday Pay for Non-exempt Employee Working Full-time:

a) Holiday Credit is given.

b) The hours of holiday credit are equal to the number of hours the employee is regularly scheduled to work on that day.

c) If the holiday falls on a day the employee is not regularly scheduled to work, then the agency must determine the number of holiday credit hours the employee shall receive based on hours the employee regularly works (see 7.11 Holiday Credit – Non-standard Workweek).

d) If the employee works on the holiday, the employee shall also receive holiday compensation (unless the employee is in overtime status – see 7.13 Working Overtime on Holiday section).

7.4 - Holiday Pay for Non-exempt Employee Working Less Than Full-time on a Regular Schedule:

a) Holiday Credit is given if the holiday falls on a day the employee is regularly scheduled to work.

b) The hours of holiday credit are equal to the number of hours the employee is regularly scheduled to work on that day.

c) If the holiday falls on a day the employee is not regularly scheduled to work, the employee will not receive holiday credit.

d) If the employee works on the holiday, the employee shall also receive holiday compensation (unless the employee is in overtime status – see 7.13 Working Overtime on Holiday section).

7.5 - Holiday Pay for Non-exempt Employee Working Less Than Full-time on an Irregular Schedule:

a) Holiday Credit is not given.

b) If the employee works on the holiday, the employee shall receive holiday compensation (unless the employee is in overtime status – see 7.13 Working Overtime on Holiday section).

7.6 - Classified Temporary Employees:

a) Classified temporary employees do not receive holiday credit.

b) A classified temporary position as defined in K.A.R. 1-2-85 is a position which is limited to not more than 999 hours of employment in a 12-month period and which does not affect the position limitation of an agency. An employee in a temporary position is limited to a certain number of hours in a year and must reapply each successive year for continued employment.

c) All classified non-exempt employees, including classified temporary employees, receive holiday compensation for working on the holiday (unless the employee is in overtime status – see 7.13 Working Overtime on Holiday section).

7.7 - Holiday Pay for Exempt Employees:

a) Holiday Credit is given.

b) If the employee works on the holiday, regardless of whether or not the employee is compensated for working on the holiday, at a minimum, change the default holiday credit earnings code (HDE) to Holiday Credit Holiday Compensatory Time (HCC). This will allow the employee to take the holiday at a later date while also providing for a day’s worth of pay.

c) If it is determined to payout the holiday credit that was banked, enter Holiday Compensatory Time Payout (HTP) and the hours of Holiday Credit that should be paid.

d) It is not a requirement to provide holiday compensation for an exempt employee who works on the holiday. If it is determined to provide holiday compensation in accordance with K.A.R. 1-9-2 (d)(2), the holiday compensation may be entered in any amount (Holiday Pay or Holiday Compensatory Time hours), depending on agency policy. Common SHARP earnings codes used for this are HDP or HDF (adds to gross) or HCP or HCF (adds to holiday compensatory time balance).

7.8 - Holiday Credit and Workers Compensation:

An employee who is receiving workers compensation wage replacement is entitled to Holiday Credit based on the hours the employee is regularly scheduled to work on that day, in accordance with the provisions of K.A.R. 1-9-2.

7.9 - Holiday Credit and Furloughs:

An employee who is being furloughed is entitled to Holiday Credit based on the hours the employee is regularly scheduled to work on that day, in accordance with the provisions of K.A.R. 1-9-2.

7.10 - Holiday Credit and Leave Without Pay:

Kansas Administrative Regulation 1-9-2(i) states, "An employee who is on leave without pay for any amount of time either on the last working day before a holiday or the first working day following a holiday shall not receive holiday credit, unless approved by the appointing authority.” The appointing authority has the ability to either approve or disallow holiday credit in leave without pay situations.

7.11 - Holiday Credit – Non-standard Workweek:

a) Kansas Administrative Regulation (K.A.R.) 1-9-2 states, “For each holiday, each full-time employee shall receive holiday credit equal to the number of hours regularly scheduled to work, subject to the provisions of paragraph (b) (2). ‘Holiday credit’ means pay or credit for paid time off at a straight-time rate…”

b) Subsection (b)(2) of K.A.R. 1-9-2 states, “Each full-time employee who works a nonstandard workweek shall receive the same number of holidays in a calendar year as employees whose regular work schedule is Monday through Friday….”

c) Examples (for full-time non-exempt employees):

The holiday is on Friday. The employee’s normal work schedule is 10 hours each day Tuesday, Wednesday, Thursday, and Friday. The employee should receive 10 hours holiday credit on Friday.

The holiday is on Friday. The employee’s normal work schedule is 12 hours each day Tuesday, Wednesday and Thursday. On Friday’s, the
employee is regularly scheduled for 4 hours. The employee should receive
4 hours holiday credit on Friday.

The holiday is on Friday. The employee’s normal work schedule is 4 hours on Tuesday and 12 hours each day Wednesday, Thursday and Friday. The employee should receive 12 hours holiday credit on Friday.

The holiday is on Wednesday. The employee’s work week is 07:01 am – 07:00 am, Sunday through Sunday. The employee is scheduled to work both Tuesday and Wednesday from 10 pm - 7 am, with a one hour unpaid lunch break, on both days.

If the employee is not in overtime status, the employee will receive 8 hours holiday credit on Wednesday and 8 hours of holiday compensation on Wednesday (for those hours worked from 10 pm Wednesday night through 7 am Thursday morning). The employee would receive regular compensation (non-holiday compensation) for those hours worked on Tuesday (10 pm Tuesday night through 7 am Wednesday morning).

d) It is acceptable for an agency to make a policy call to switch employees back to a standard 8 hour per day, 5 day per week, work schedule during the week of a holiday to avoid issues with varying hours of holiday credit. Notice to the employee must occur at least five days prior to the beginning of the workweek.

e) It is acceptable for an agency to make a policy call to rearrange an employee’s scheduled day off to avoid having to pay more than is normally paid to an employee during the week that contains a holiday in accordance with K.A.R. 1-5-24. For example, if the holiday is Monday and the employee normally works 10 hours Tuesday through Friday, the agency may schedule the employee’s day off for Tuesday. The result is the employee would receive 10 hours Holiday Credit on Monday and 30 hours of Regular pay for working 10 hours Wednesday, Thursday and Friday.

7.12 - Holiday Credit – Separation from Service:

a) Kansas Administrative Regulation 1-9-2 (j) states, “Any employee whose last day

at work before separating from state service is the day before a regularly

scheduled holiday shall not receive holiday credit for the holiday.” The phrase

“regularly scheduled” was added to this subsection so that unscheduled holidays (such as the National Day of Mourning observed for the death of former President Reagan in 2004) do not penalize employees who had already made plans to separate from service before the unscheduled holiday was declared.

b) Examples:

The scheduled holiday is Friday, November 11th. The employee requested his termination be effective Saturday, November 12th because he thought he would be paid holiday credit for Friday. After consulting with his HR office, it is determined his last day of employment is Thursday, November 10th (either working or using leave). The effective date of the termination is Friday, November 11th. The employee does not receive holiday credit for the holiday on the 11th due to K.A.R. 1-9-2 (j).

In the preceding example, if the November 11th holiday had been an unscheduled holiday, the employee would receive holiday credit for that holiday and the effective date of the employee’s termination would change to November 12th. In these situations, please consult with KPERS to ensure that these date changes do not adversely affect an employee’s KPERS retirement benefits.

The scheduled holiday is Friday, November 11th. The Monday – Friday employee works or uses paid leave on Thursday, November 10th and also works or uses vacation leave on Monday, November 14th. The effective date of the employee’s termination would be Tuesday, November 15th. Since the employee was in pay status on November 10th and 14th, the employee would receive holiday credit for the November 11th holiday.

7.13 - Working Overtime on the Holiday:

a) When an employee is in overtime status for the entire holiday, the employee is compensated by recording overtime or compensatory time (not holiday compensatory time). Use SHARP earnings code OTP (Overtime) or CME (Compensatory Time Earned). The employee is not paid holiday compensation (such as HDP); however, the employee must be paid a holiday premium at the one-half time rate for those overtime hours worked on the holiday (such as HDV or HCV).

 

b) When an employee is in overtime status for part of the holiday, the employee is compensated by recording overtime or compensatory time for those hours worked over the FLSA threshold on the holiday. The employee is paid holiday compensation (such as HDP) for those hours worked prior to being in overtime status on the holiday. The employee must be paid a holiday premium at the one-half time rate only for those overtime hours worked on the holiday (such as HDV or HCV).

8.0 - REFERENCES:

• K.A.R. 1-9-2 Holidays

• Time and Leave Computer Based Training, Holiday Time Reporting Section:

• Earnings Code Spreadsheet

9.0 - CONTACT PERSON: Kraig Knowlton at kraig.knowlton@ks.gov or (785) 296-1082 or Brent Smith at brent.smith@ks.gov or (785) 296-1432.

Bulletin 04-02 - Provisions for Employees Reporting for Active Military Duty

1.0 - SUBJECT: Provisions for Eligible State Employees Reporting for Active Military Duty

2.0 - EFFECTIVE DATE: July 30, 2004

3.0 - DISTRIBUTION: State HR Directors

4.0 - FROM: Jack E. Rickerson, Director

5.0 - PURPOSE: This Bulletin is being issued to update and replace Bulletin No. 04-01 due to a misunderstanding of the language in Section 7.5 regarding Leave Accrual and Usage.Bulletin No. 04-01 is hereby revoked.

6.0 - BACKGROUND: The previous Bulletins implemented Executive Order 2001-05 regarding special provisions for state employees who are called to or volunteer for active military duty.

7.0 - PROCEDURES:

7.1  Job Protection

(a) The employee’s position will be protected for as long as they are required to remain on active duty. This protection applies to all benefits-eligible employees.
(b) The employee must return to state employment in accordance with the time limits set out in K.A.R. 1-9-7b (g) (1) and (2).
(c) Upon returning to their state position, employees will not be discharged from employment, except for cause:

(1) within one year of the date the employee returns to his or her
position if the employee’s period of active duty was more than 180 days; or
(2) within 180 days of the date the employee returns to his or her
position if the employee’s period of active duty was more than 30
days but less than 181 days.

7.2  Compensation

(a) General increases and step increases that would have been received had the employee not been on military leave without pay will be granted when the employee returns to work from active duty.
(b) Bonuses for which the state has already made an obligation will be paid while the employee is on military leave without pay.
(c) While on military leave without pay, employees will receive longevity bonuses that they would have received had the employee not been on military leave without pay. Bonuses are to be paid when due, just as if the employee were not on military leave.

7.3  Length of Service

(a) The time spent on military leave will be counted as time worked toward length of service, eligibility for longevity pay, and the accrual rate for vacation leave.

7.4  Payment of Leave and Compensatory Time

(a) At the request of employees, agencies must provide a payout of the total balance (not to exceed the maximum allowed by K.A.R. 1-9-4) or a portion of the balance of any vacation leave, compensatory time, and holiday compensatory time accrued prior to leaving for active duty. The leave or compensatory time accrued during the pay period of the payout should not be paid out at the time the employee leaves for active military duty. This leave and/or time will be available for use when the employee returns from military duty.
(b) Employees will have the option to buyback either all or none of their vacation leave that was paid out, at the value that it was paid out regardless of subsequent increases to the employees’ rate of pay. Employees must exercise this option within 30 days after returning to work.

7.5  Leave Accrual and Usage

(a) Vacation and sick leave will not accrue while the employee is on military leave.
(b) Employees may request and use accrued vacation leave, compensatory time, and holiday compensatory time at any time over the course of the period that the employee is on leave for active duty.
(c) A discretionary holiday will be afforded to each eligible employee in accordance with the provisions of K.A.R. 1-9-2(b)(3) while the employee is on active duty. Employees must use the discretionary holiday within the period of time established for all state employees, either before being called to active duty, or after returning from active duty. If the employee does not use their discretionary holiday within the allotted time, the discretionary holiday is lost.

7.6  Group Health Insurance Plan (GHIP)

(a) Employee coverage ends effective the last day of the month in which the employee goes on military leave without pay.
(b) Employees on military leave without pay may continue coverage for the next 30 days and the agency will continue to make the GHI employer contribution for the 30 days. The employee is required to remit his/her premium (regular payroll deduction amount) to the agency to retain coverage during the 30 days following the effective date of the military leave without pay.
(c) Employees may continue coverage in the direct bill program beyond the 30 days leave without pay timeframe, but must remit the full premium. There will be no agency contribution. An employee with spouse, children, or full family coverage may elect to drop themselves and keep their spouse and/or children covered in the state direct bill program. However, employees must make the change within 30 days of the effective date of the military leave without pay.
(d) Employees who dropped health insurance while on military leave without pay may reenter the health insurance plan they left upon returning to work.
There is no waiting period.
(e) Employees on military leave without pay during Open Enrollment may enroll in any coverage for which they are eligible, without penalty, upon their return to active employment status.
(f) If an employee is qualified for and elects to participate in the military’s transitional health benefit program, the employee will be allowed to reenter the State of Kansas Health Plan without penalty when this coverage terminates. The employee may be qualified for up to 180 days of transitional health benefits.

7.7  KanElect Flexible Spending Accounts (FSA) for Health Care and Dependent Care

(a) Employee participation ends on the last day of the month worked.
(b) Employees may choose to continue enrollment only in the Health Care
FSA under the COBRA state plan (personal payment of contribution). If an employee chooses to continue his or her HealthCare FSA while on military leave, the employee would need to make the non pre-tax payment (monthly or lump sum) to Kan Elect c/o DPS Health Benefits Section, and DPS will voucher the funds through A&R for transmittal to the vendor. The Health Care FSA can only be continued through the end of the current plan year.
(c) The employee may terminate active enrollment and reenter the plan upon return from military leave without a waiting period. Coverage would start the first of the month after return from military leave. The contribution amount will be either the same elected amount, or a different amount based on a status change during the leave.

7.8  Deferred Compensation

(a) If enrolled, participation will be suspended on the last paycheck.
(b) Employees may reenter the program upon returning to work.
(c) Hardship withdrawals can be considered based on IRS guidelines.

7.9  Life Insurance and Death Benefit

(a) Employees retain state provided group term life insurance coverage at no cost to the employee while on military leave.
(b) Employees may remain in the group for Optional Group Life Insurance for up to 12 months by paying the premium. Payments should be arranged with the employee’s agency.
(c) At the end of the 12-month period, if the employee chooses to continue
Optional Group Life Insurance coverage, the employee must convert to a private policy. The employee would then make arrangements with and remit the premium directly to the vendor.

8.0 - REFERENCES: K.A.R. 1-2-46, 1-5-11, 1-5-29, 1-9-2, 1-9-7a, 1-9-7b and 1-9-13.

9.0 - CONTACT PERSON: Kraig Knowlton at kraig.knowlton@ks.gov or at (785) 296-1082.

Bulletin 03-02 - Shared Leave

1.0 - SUBJECT: Shared leave

2.0 - EFFECTIVE DATE: June 22, 2003

3.0 - DISTRIBUTION: State HR Directors

4.0 - FROM: Jack E. Rickerson, Director DATE: June 22, 2003

5.0 - PURPOSE: To clarify the donation of sick leave to the shared leave program upon retirement.

6.0 - BACKGROUND: There have been inquiries regarding the amount of sick leave that may be donated by an employee, upon retirement, to the shared leave program.

6.1  According to K.S.A. 75-5517, employees retiring who have accumulated 800 hours or more of sick leave and have 8 or more years of service shall receive compensation for their accumulated sick leave as follows:

(a) Employees with 8 or more years of service that have accumulated 800-1000 hours shall be paid for 240 hours.

(b) Employees with 15 or more years of service that have accumulated 1000-1200 hours shall be paid for 360 hours.

(c) Employees with 25 or more years of service that have accumulated 1200 or more hours shall be paid for 480 hours.

6.2  Any sick leave over the required accumulation amounts stated above may be donated to the shared leave program.

7.0 - PROCEDURES:

A retiring employee may only donate sick leave to the shared leave program in excess of the accumulation amounts required to fulfill K.S.A. 75-5517. For example, a retiring employee who has accumulated 1100 hours of sick leave and has 15 years of service may donate 100 hours to the shared leave program. Since the employee has accumulated the 1000 hours required to fulfill K.S.A. 75-5517 subsection (a)(2), the employee can donate all hours over 1000.

8.0 - REFERENCES: K.A.R. 1-9-23, K.S.A. 75-5517

9.0 - CONTACT PERSON: Brent Smith at brent.smith@ks.gov or (785) 296-1432.

Bulletin 03-01 - Recruitment Periods for Posting State Job Vacancies

1.0 - SUBJECT: Recruitment periods for posting state job vacancies

2.0 - EFFECTIVE DATE: June 18, 2003

3.0 - DISTRIBUTION: Agency Human Resource Managers

4.0 - FROM: Jack E. Rickerson, Director DATE: June 18, 2003

5.0 - PURPOSE:

To clarify the length of time job requisitions must be posted in the state Notice of Vacancies to allow for fair opportunity for interested persons and quality outcomes for agencies.

6.0 - BACKGROUND:

Minimum recruitment periods for state job vacancies were developed to facilitate recruitment periods which enable fair and equitable treatment to current state employees, persons in the reemployment poolpersons eligible for a Kansas Employee Preference, persons eligible for reinstatement, the general public, and provide sufficient advertising opportunity to attract quality applicants.

There have been numerous inquiries about the minimum and maximum length of time that state jobs vacancies must be advertised in the state Notice of Vacancies listing. Although state regulations do not specifically define minimum or maximum recruitment time frames, K.A.R. 1-6-2(b)(3) requires that the Director of Personnel Services establish guidelines regarding the length of time agencies are required to accept applicants for job vacancies. These guidelines have previously been communicated to agencies via training sessions and the SHARP training manuals.

7.0 - PROCEDURES:

The length of time for a job vacancy being posted on the Notice of Vacancy report should be determined by the agencies' recruitment needs for that particular position. At a minimum, all job requisitions must remain open for at least seven calendar days for any Notice of Vacancy job posting. Agencies have the discretion to post the requisition for as long as they would like, up to and including, leaving the requisition open until filled for positions with the most challenging recruitment needs.

Bulletin No. 99-02 is hereby revoked.

8.0 - REFERENCES: K.A.R. 1-6-2

9.0 - CONTACT PERSON: Vicki Harding at vicki.harding@ks.gov or (785)368-6496.

Bulletin 02-03 - Layoffs and Probationary Periods

1.0 - SUBJECT: Layoffs and Probationary Periods

2.0 - EFFECTIVE DATE: December 6, 2002

3.0 - DISTRIBUTION: Agency Human Resource Managers

4.0 - FROM: Bobbi J. Mariani, Director DATE: December 6, 2002

5.0 - PURPOSE: To clarify that K.A.R. 1-14-8(e) takes precedence over K.A.R. 1-7-4 in regards to an employee’s original probationary period being extended due to a proposed layoff.

6.0 - BACKGROUND:

The Division has received several inquires regarding the possibility of an employee’s original probationary period being extended beyond the twelve month maximum found in K.A.R. 1-7-4 when an appointing authority submits a layoff notice under K.A.R 1-14-7. Since K.A.R. 1-14-8(e) prohibits original probationary employees from becoming permanent after the date the appointing authority has notified the director of a proposed layoff, it is possible in certain instances that an employee could remain on probation beyond the twelve-month maximum. This would seem to contradict the language found in K.A.R 1-7-4 that allows for a maximum of a twelve-month probationary period.

7.0 - PROCEDURES:

The provisions of K.A.R. 1-14-8(e) shall take precedence over K.A.R. 1-7-4 when an appointing authority has submitted a layoff notice under K.A.R. 1-14-7.

K.A.R. 1-14-8(e) states that:

"New hires and rehires on probation shall not be granted permanent status on or after the date the appointing authority has notified the director of a proposed layoff. However, any new hire or rehire on probation in a position for which no employee subject to layoff meets the required selection criteria may be given permanent status. New hires and rehires on probation shall have their probationary period extended until it is certain that no permanent employee whose position is to be vacated by layoff or who otherwise would be laid off through the exercise of bumping rights is claiming the probationary position."

Original probationary employees affected by K.A.R. 1-14-8(e) will have their length of service continue between the time the director receives a layoff notice and the effective date of the layoff, however no probationary employee will receive permanent status during this time period. Any original probationary employee affected by K.A.R 1-14-8(e) who has served a probationary period in excess of twelve months shall immediately attain permanent status upon the effective date of the layoff.

8.0 - REFERENCES: K.A.R. 1-7-4, 1-14-7 and 1-14-8(e)

9.0 - CONTACT PERSON: Lois Ryan at lois.ryan@ks.gov or (785) 296-4274.

Bulletin 02-02 - Probationary Periods

1.0 - SUBJECT: Probationary Periods

2.0 - EFFECTIVE DATE: December 6, 2002

3.0 - DISTRIBUTION: Agency Human Resource Managers

4.0 - FROM: Bobbi J. Mariani, Director DATE: December 6, 2002

5.0 - PURPOSE: To clarify the difference between original probationary status and the probationary period for a position to which a probationary employee is promoted.

6.0 - BACKGROUND:

All new hires and rehires are on probationary status for a six-month period. The agency may extend probationary status for up to six additional months provided action is taken to extend the probationary period and notice is given to the employee prior to the end of the original six-month probationary period. Following the successful completion of the original probationary period, an employee obtains permanent status as an employee with the State of Kansas. The length of time spent on original probationary status continues to be in effect when an employee is promoted.

All employees who are promoted are subject to a probationary period of three to six months for the new position (unless specific training or certification requirements cannot be completed within six months). This probationary period is separate and distinct from an employee’s original probationary status.
 

7.0 - PROCEDURES:

If an employee is promoted during their original probationary period, the promotion does not automatically change the employee’s probationary status.

Example: An employee begins work with the State of Kansas on January 10 and will serve a six-month probationary period. The employee is promoted May 1 with a six-month probationary period for the new position. The employee obtains permanent status as a state employee on July 10 even though probation for the position doesn’t end until November 1.

Action must be taken and notice given to the employee if the original probationary status is to be changed to coincide with the probationary period for the new position. In accordance with K.A.R. 1-7-6(a), a probationary performance review must be conducted prior to the end of the probationary status period either granting the employee permanent status or extending the original probationary period.

In the above example, the supervisor of the position the employee was promoted to must give the employee a performance review prior to July 10 to recommend permanent status or extend probationary status. In this case, it would be conceivable to extend probation until November 1 to coincide with the probationary period for the new position or to grant the employee permanent status as a state employee while the employee continues to serve the probationary period for the new position.

Once an employee has obtained permanent status as a state employee, the employee is granted the rights and privileges of the Civil Service Act. If an employee with permanent status is unsuccessful during the probationary period for the position, K.S.A. 75-2944(b) governs what can happen.

Using the above example, the employee achieved permanent status on July 10. On September 10, the supervisor determines that the employee is not successful in the new position. In this case, the employee has achieved permanent status as a state employee so the requirements of K.S.A. 75-2944(b) would apply.

If the promoted employee remains in original probationary status, then the employee can be terminated upon receipt of a performance review that indicates unsatisfactory performance. Employees terminated for poor performance during their original probationary status must be given an unsatisfactory performance review.

Using the same example, the supervisor extended the employee’s probationary status as a state employee until November 1. On September 10th, the supervisor can give the employee an unsatisfactory performance review and terminate the employee since the employee would still be in probationary status as a state employee.

In all cases, the agency must provide clear notice to the employee regarding the effect of a promotion on the employee’s probationary status as a state employee.

8.0 - REFERENCES: K.A.R. 1-7-3, 1-7-4, 1-7-6 and K.S.A. 75-2944.

9.0 - CONTACT PERSON: Lois Ryan at lois.ryan@ks.gov or (785) 296-4274.

Bulletin 02-01 - Vacation Leave Overage

1.0 - SUBJECT: Vacation Leave Overage

2.0 - EFFECTIVE DATE: May 28, 2002

3.0 - DISTRIBUTION: Agency Human Resource Managers

4.0 - FROM: Bobbi J. Mariani, Director DATE: May 28, 2002

5.0 - PURPOSE: To clarify the vacation leave overage policy per K.A.R. 1-9-4.

6.0 - BACKGROUND:

Pursuant to K.A.R. 1-9-4(a)(2), at the end of the last payroll period paid in the fiscal year, up to 40 hours of any accrued vacation leave that exceeds the employee’s maximum accumulation of hours must be converted to sick leave. K.A.R. 1-9-4 includes tables listing the maximum accumulation of vacation hours based on length of service. Following the conversion, all remaining vacation leave over the maximum must be forfeited.

Vacation leave is a benefit for state employees and is intended to be used as time away from work in an effort to maintain a healthy workforce. Employees are encouraged to take leave throughout the year instead of waiting until the end of the fiscal year when it may create a hardship for the agency. Employees and supervisors need to work together throughout the year to ensure vacation earned can be used prior to the fiscal year end.

This Bulletin supersedes Bulletin 99-01 dated May 5, 1999.

7.0 - PROCEDURES:

7.1  If the employee is over the vacation maximum, enter the Sick Leave Accrual earnings code (SLA) on the employee’s last fiscal year timesheet (the last timesheet paid in the fiscal year) to transfer up to 40 hours of vacation leave to sick leave.

7.2  Do not record leave for hours that exceed the employee's normal workday. For example, if an employee's normal workday is 8 hours, do not record 8 hours worked (REG-Regular) and 8 hours vacation (VAC-Vacation) on the same day. This implies the employee's position is greater than 1 Full Time Equivalent (FTE). If the employee was scheduled to use leave, and is called back to work on that day, the hours worked should be recorded and the equivalent amount of leave canceled. It is acceptable, for example, to record 4 hours worked and 4 hours vacation if the employee only worked 4 hours and chooses to use vacation leave for the other 4 hours.

7.3  Do not record hours worked if the employee is actually on leave.

7.4  Do not record a vacation leave payout, unless the employee is retiring or
terminating.

8.0 - REFERENCES: K.A.R. 1-9-4, 1-5-24.

9.0 - CONTACT PERSON: Brent Smith at brent.smith@ks.gov or (785) 296-1432.

Bulletin 01-02 - Workers Compensation and use of leave including FMLA

1.0 - SUBJECT: Workers compensation and the use of leave including FMLA

2.0 - EFFECTIVE DATE: May 10, 2001

3.0 - DISTRIBUTION: Agency Human Resource Managers

4.0 - FROM: Bobbi J. Mariani, Director DATE: May 10, 2001

5.0 - PURPOSE: To clarify the use of leave when the employee is receiving benefits under the Workers Compensation Act.

6.0 - BACKGROUND:

6.1  There have been numerous inquiries regarding whether an employee receiving workers compensation has a choice to use accrued leave to supplement workers compensation payments.

6.2  There have also been questions about whether or not FMLA leave can run concurrently with workers compensation.

7.0 - PROCEDURE:

7.1  According to K.A.R. 1-9-5(g), an employee awarded workers compensation has the choice of whether or not to use accumulated leave to supplement the one third portion of the employee’s regular pay that is not covered by workers compensation. The agency can not require the use of leave while an employee is on workers compensation.

7.2  If the work related injury for which the employee is receiving workers compensation meets the criteria of a "serious health condition" as set out in K.A.R. 1-9-27, the time that the employee is off work (i.e., the time covered by workers compensation and any accrued leave) should be counted against the employee’s 12-work week FMLA leave entitlement.

Even though K.A.R. 1-9-27(b)(3)(B) states that accrued leave shall be used prior to the use of leave without pay, an employee receiving workers compensation benefits is never in leave without pay status and therefore, does not have to exhaust all leave.

8.0 - REFERENCES: K.A.R. 1-9-5, 1-9-27 and 29 C.F.R. § 825.207(d)(2).

9.0 - CONTACT PERSON: Kim Warren at Kim.Warren@ks.gov or (785) 296-4770.

Bulletin 01-01 - Donor Leave

1.0 - SUBJECT: Executive Order NO. 2001-02 for Donor Leave

2.0 - EFFECTIVE DATE: March 4, 2001

3.0 - DISTRIBUTION: Agency Human Resource Managers

4.0 - FROM: Bobbi J. Mariani, Director DATE: March 1, 2001

5.0 - PURPOSE: To clarify the implementation procedures for the State of Kansas Donor Leave policy per Executive Order NO. 2001-02.

6.0 - BACKGROUND:

Governor Bill Graves issued Executive Order NO. 2001-02, which creates a new category of paid leave for state employees in the executive branch of Kansas government and employees of Kansas regents institutions. The Kansas Donor Leave Program provides approved recovery time away from work for employees who choose to donate organs, tissue, bone marrow, blood, or blood products.

7.0 - IMPLEMENTATION GUIDELINES:

7.1  Under the Kansas State Donor Program, all classified and unclassified benefits eligible employees may receive paid leave in accordance with the following criteria:

  • Employees may receive up to 30 working days of paid leave for recovery from an organ or tissue donation procedure.
  • Employees may receive up to 7 working days of paid leave following the donation of bone marrow.
  • Employees may receive 1.5 hours of paid leave every 4 months for the donation of blood.
  • Employees may receive 3 hours of paid leave every 4 months for the donation of blood platelets or other approved blood products.

7.2  Donor Leave will not be counted against an employee’s FMLA entitlement. (K.A.R. 1-9-27)

7.3  Donor Leave does not count as time worked for FLSA purposes. All Donor Leave will be paid at the regular rate.

7.4  Donor Leave will only be paid for leave taken during regularly scheduled work hours.

7.5  An employee does not have to exhaust any accrued vacation leave, sick leave, or compensatory time before being eligible to receive donor leave.

7.6  Benefits eligible probationary employees are eligible to receive donor leave.

7.7  Donor leave applies only to active employees who donate organs, tissue, marrow, blood or blood products. Donor leave may not be used to care for family members who are donors.

7.8  An employee shall request donor leave in accordance with procedures set forth in K.A.R. 1-9-3(a).

7.9  Do not record leave for state sponsored blood drives. This time will not count against the 1.5 hrs allowed every 4 months under the Donor Leave program.

7.10  Approved Donor Leave will count toward leave accrual (CTLA).

8.0 - SHARP TIME AND LEAVE PROCEDURES:

8.1  Use the following earning codes to enter donor leave into the SHARP system:

  • DON – Donor Leave #2001-02 – for non-exempt employees
  • DNE – Donor Leave #2001-02 – for exempt employees

8.2  Enter the leave in .25 hour increments for both non-exempt and exempt employees.

8.3  These earnings codes are set up like the Relief from Duty and Funeral Leave earnings codes. There is no SHARP leave balance associated with Donor Leave.

8.4  Agencies are responsible for documenting and keeping track of donor leave usage. The SHARP system does not keep a running total of the donor code’s usage. However, agency personnel with security access to the SHARP Time and Leave window may view employee timesheets and add the number of days or hours the code has been used to determine if an employee is nearing the maximum allowed.

8.5  The usage of Donor Leave earnings codes will display on the donating employee’s checkstub and Total Compensation Statement as "Other."

9.0 - REFERENCES: Executive Order NO. 2001-02; K.A.R. 1-9-3(a); K.A.R. 1-9-27.

10.0 - CONTACT PERSON: Brent Smith at brent.smith@ks.gov or (785) 296-1432.

Bulletin 00-01 - FLSA and Compensatory Time

1.0 - SUBJECT: FLSA and Compensatory Time

2.0 - EFFECTIVE DATE: June 6, 2000

3.0 - DISTRIBUTION: Agency Human Resource Managers

4.0 - FROM: Bobbi J. Mariani, Acting Director DATE: June 6, 2000

5.0 - PURPOSE:

To clarify that it is not a violation of FLSA for an employer to require an employee to use accrued compensatory time.

6.0 - BACKGROUND:

Pursuant to the U.S. Supreme Court's May 1, 2000, ruling in Christensen v. Harris County, there is nothing in the FLSA or its implementing regulations that prohibit an employer from requiring employees to use accrued compensatory time.

K.A.R. 1-5-24(e)(5)(C) allows the appointing authority to require the use of compensatory time within a reasonable period after receiving notice of such a requirement. The notice to the employee shall include the length of time in which a specified number of hours are to be used. This subsection of K.A.R. 1-5-24 is in compliance with the Supreme Court decision. Agencies should use good judgment regarding the the time allowed for employees to use their compensatory time. In addition, agencies should follow provisions set forth in their Memorandums of Agreement regarding compensatory time agreements with employee organizations.

This bulletin supercedes the Division of Personnel Services memo dated April 11, 1997 regarding FLSA issues.

7.0 - REFERENCES: K.A.R. 1-5-24.

8.0 - CONTACT PERSON: Please contact Danelle Harsin at danelle.harsin@ks.gov or (785)296-4383.

Bulletin 99-03 - Shared Leave and Workers Compensation

1.0 - SUBJECT: Shared Leave and Workers Compensation

2.0 - EFFECTIVE DATE: October 27, 1999

3.0 - DISTRIBUTION: Agency Human Resource Managers

4.0 - FROM: William B. McGlasson, Director DATE: October 27, 1999

5.0 - PURPOSE: To clarify an employee’s eligibility for shared leave under K.A.R. 1-9-23 when the employee is also receiving benefits under the Workers Compensation Act.

6.0 - BACKGROUND:

The Shared Leave Program is established as a means to transfer vacation and sick leave to a qualifying employee experiencing (either personally or by a family member) a serious, extreme or life-threatening illness, injury, impairment or physical or mental condition which has caused, or is likely to cause, the employee to take leave without pay or terminate employment.

K.A.R. 1-9-23 sets out eligibility requirements and exceptions to coverage. One of the exceptions to coverage is in K.A.R. 1-9-23(c)(2)(C), which states: "Any employee who is receiving workers compensation shall not be eligible to receive shared leave."

The Shared Leave Program is not intended to cover employees who are covered under the Workers Compensation Act, as that Act already provides remedies for the injured employee.

7.0 - REFERENCES: K.A.R. 1-9-23.

8.0 - CONTACT PERSON: Carrie Doyal at cdoyal@kdheks.gov or (785)296-2568.

Bulletin 97-02 - New Action Reasons Codes in SHARP for Except Qualifications

1.0 - SUBJECT: New action reason codes in SHARP for Exceptional Qualifications and Performance Review Appeal Extensions

2.0 - EFFECTIVE DATE: October 24, 1997

3.0 - DISTRIBUTION: Agency Human Resource Managers

4.0 - FROM: William B. McGlasson, Director DATE: 10/24/97

5.0 - PURPOSE: To establish new action reason codes for hiring an individual at above step 1 of the pay grade if the individual has exceptional qualifications and for extending performance review appeal periods. This is necessary to automate the regulatory reporting requirements and provide the ability to track these personnel actions within the SHARP system. Agencies will be able to hire candidates with exceptional qualifications above step 1 without the approval of the director. In addition, agencies will be able to grant performance review appeal extensions without the approval of the director. In order to meet reporting requirements, agencies will need to use new action reason codes.

6.0 - BACKGROUND: Agency appointing authorities were required to request the director's approval for hires above step 1 and performance review appeal extensions. The regulations, K.A.R. 1-5-8 and 1-7-11, were changed to provide more flexibility to agencies with personnel procedures.

7.0 - PROCEDURE: The new action reason codes need to be entered in the Job Data 1 panel.

7.1  The following new action reason codes must be used when entering a Hire, Rehire, or Promotion with a higher beginning step due to exceptional qualifications.

  • Hire (HIR) - HSH - Higher Hire Step - Exceptional Qualifications
  • Rehire (REH) - HSE - Higher Step Reemploy - Exceptional Qualifications
  • Rehire (REH) - HSF - Higher Step ROFR - Exceptional Qualifications
  • Rehire (REH) - HSI - Higher Step Interview Right - Exceptional Qualifications
  • Rehire (REH) - HSN - Higher Step Reinstate - Exceptional Qualifications
  • Rehire (REH) - HSR - Higher Step Rehire - Exceptional Qualifications
  • Promotion (PRO) - HSP - Promotion Higher Step - Exceptional Qualifications

7.2  The new action reason code, Data Change (DTA) - EPA - [Extend Probation for Appeal], must be used when entering an extension pending the completion of a performance review appeal. K.A.R. 1-7-11(c) requires an agency to report to the director all performance review appeal extensions made by the appointing authority pursuant to this regulation.

7.3  K.A.R. 1-5-7(e) requires an agency to report to the director all pay changes made by the appointing authority pursuant to the regulation. K.A.R. 1-5-8(c) requires an agency to report to the director all hires above step 1 made by the appointing authority pursuant to this regulation.

7.4  DPS will be able to gather from SHARP with use of proper action reason codes, and will not ask agencies to report this action manually. DPS may periodically send reports to agencies for verification and may also request additional information on these actions.

8.0 - REFERENCES: K.A.R. 1-5-7, 1-5-8, and 1-7-11.

9.0 - CONTACT PERSON: Michelle Huntsman at michelle.huntsman@ks.gov or (785) 296-7232.

Bulletin 97-01 - LIFELINE (Employee Assistance Program)

1.0 - SUBJECT: LIFELINE (State of Kansas Employee Assistance Program)

2.0 - EFFECTIVE DATE: May 12, 1997

3.0 - DISTRIBUTION: Agency Human Resource Managers

4.0 - FROM: William B. McGlasson, Director DATE: 5/12/97

5.0 - PURPOSE:

To provide employees and their families with the opportunity to receive confidential professional help in resolving mental health or personal problems through LIFELINE, the State of Kansas employee assistance program.

The cost of untreated or misdiagnosed mental health problems and chemical dependence includes lost productivity, absenteeism, disability, excessive health benefit utilization, job injury and worker's compensation claims. The State of Kansas strives to maintain a healthy, productive workforce and contain employee health care costs through the LIFELINE program.

6.0 - BACKGROUND:

The LIFELINE program, implemented in 1988, is an externally-based, broad- brush employee assistance program. There are a minimum of 25 counseling sites across the state where employees and family members can receive free, face-to-face, confidential counseling.

The following administrative regulations are references for the LIFELINE program: K.A.R. 1-2-20, 1-2-30, 1-9-4, 1-9-5, 1-9-6, 1-9-15, 1-9-19a, 1-9-25, 1-9-26, 1-13-1a.

7.0 - PROCEDURE:

7.1  Employees and their families have unlimited access to a 24-hour toll-free telephone number staffed by licensed counselors. LIFELINE counselors are not state employees.

7.2  The State does not keep records of an employee's participation in the LIFELINE program and does not have access to any individually identifiable data. Participation in the LIFELINE program will not impact an employee's standing with respect to promotion, transfers, and other personnel matters.

7.3  Use of the employee assistance program is voluntary, subject to the provisions listed in 7.4 and 7.5 below. Supervisors are encouraged to recommend the EAP program to employees who are frequently tardy, and/or absent, exhibiting aberrant behavior, or whose job performance has deteriorated.

7.4  An employee with permanent status in a designated position who receives a confirmed "positive" drug screen result or the equivalent and who have not previously had a confirmed "positive" result or the equivalent shall be directed to the LIFELINE program for referral to an appropriate drug assessment and education or treatment program approved by the Director.

7.5  An employee with permanent status in a commercial driver position who violates any provision of 49 CFR, part 382, subpart B including a confirmed "positive" alcohol and/or controlled substance test result or the equivalent and who has not previously had a "positive" test result, other violation of subpart B or the equivalent shall be directed to the LIFELINE program. A substance abuse professional shall assess the employee and determine what assistance, if any, is needed. If assistance is required, the substance abuse professional shall determine whether a return-to-duty test shall be conducted prior to or following the completion of rehabilitation. When treatment or education is required the employee shall be subject to follow-up tests. The substance abuse professional determines the number and frequency of the follow-up tests which must consist of at least six follow-up tests in the first 12 months following the driver's return to duty. The substance abuse professional may terminate follow-up testing at any time after the initial six follow-up tests have been completed. The substance abuse professional may require the driver to undergo return-to-duty and follow-up testing for both alcohol and controlled substances.

7.6  Mental health services provided through a LIFELINE referral may be partially or fully covered by the state Health Insurance Plan. The employee is responsible for determining what charges will be paid pursuant to individual health insurance coverage. If a state employee or dependent is not enrolled in the state's Health Plan or has exhausted outpatient benefits for that year, the employee or dependent will be responsible for payments of any follow-up visit beyond the initial visit.

7.7  Employees referred for mental health counseling or other local resource services by the LIFELINE counselor shall use appropriate leave if the appointment is scheduled during work hours.

7.8  Use of the employee assistance program shall not result in any special privileges or exemptions from state civil service laws and standard administrative rules and regulations applicable to job performance or disciplinary procedures.

7.9  The Kansas EAP strictly adheres to confidentiality in accordance with applicable federal and state laws and regulations.

8.0 - CONTACT PERSONS: Julie Faust at jfaust@kdheks.gov or (785) 296-5624.

Bulletin 96-03 - Length of Service of Retirees Returning to State Service

1.0 - SUBJECT: Length of Service of Retirees Returning to State Service

2.0 - EFFECTIVE DATE: June 16, 1996

3.0 - DISTRIBUTION: Agency Human Resource Managers

4.0 - FROM: William B. McGlasson, Director DATE: 5/2/96

5.0 - PURPOSE: To clarify that length of service and sick leave for retirees returning to state service under K.S.A. 74-4914 will revert to that of a new hire.

6.0 - BACKGROUND:

A retiree means an employee who has retired from state service per K.S.A. 74-4914 or has received payment for sick leave under K.S.A. 75-5517. The individual may or may not be receiving retirement benefits. Returning to state service means being hired to either the classified or unclassified service.

In KIPPS, there were two separate tracking devices for years of service. In SHARP, only one tracking device (Length of Service) is used for all years of service issues. Because of this change, length of service must be adjusted manually when retirees return to state service.

Currently, longevity bonus pay for retirees returning to state service is based on their length of service from the date of retirement.

7.0 - PROCEDURE: Any retiree who has returned to state service before the effective date of this bulletin will continue to receive longevity bonus pay based on the policy in effect at the time of return. From the effective date of this bulletin forward, upon returning to state service:

7.1  Length of service for leave accrual, layoff purposes, and longevity bonus pay shall be returned (manually) to zero and calculated on the same basis as a new hire.

7.2  Any sick leave the individual had at the time of retirement that was not paid out per K.S.A. 75-5517 is dissolved and cannot be reinstated.

8.0 - REFERENCES: K.S.A. 74-4914 and K.S.A. 75-5517.

9.0 - CONTACT PERSON: Lois Ryan at lois.ryan@ks.gov or (785) 296-4274.

Bulletin 96-01 - Daylight Saving Time

1.0 - SUBJECT: Daylight saving time

2.0 - EFFECTIVE DATE: April 7, 1996

3.0 - DISTRIBUTION: Agency Human Resource Managers

4.0 - FROM: William B. McGlasson, Director DATE: 4/10/96

5.0 - PURPOSE: To clarify compensation affected by daylight saving time.

6.0 - BACKGROUND: Daylight saving time will result in some employees working one less hour because clocks are adjusted ahead one hour. Some employees will work one additional hour when clocks are set back at the end of daylight saving time.

7.0 - PROCEDURE: The salary of exempt employees will not be affected by daylight saving time. Nonexempt employees will be compensated as follows:

7.1  Nonexempt employees who work during the time when the clock is set ahead will not have a reduction in pay for this "lost" hour. The "lost" hour will be reported in SHARP as 1.0 hour using the DST (daylight saving time) earnings code. This hour will not count toward overtime; however, it will count toward leave accrual.

7.2  When nonexempt employees work an extra hour as the result of ending daylight saving time, the extra hour of work will be reported in the usual manner as any other time worked. The extra hour may result in overtime. This hour may be rearranged within the work week in order to avoid overtime liability.

8.0 - REFERENCES: K.S.A. 75-2938, K.A.R. 1-5-24.

9.0 - CONTACT PERSON: Brent Smith at brent.smith@ks.gov or (785) 296-1432.

Bulletin 95-02 - Official Time and Leave Document

1.0 - SUBJECT: Official Time and Leave Document

2.0 - EFFECTIVE DATE: December 17, 1995

3.0 - DISTRIBUTION: Agency Human Resource Managers

4.0 - FROM: William B. McGlasson, Director DATE: 11/14/95

5.0 - PURPOSE: To clarify that the official SHARP time and leave document should be used by all agencies for non-exempt employees unless an alternate time and leave document is approved by DPS.

6.0 - BACKGROUND: Because the State of Kansas is one employer under the Fair Labor Standards Act (FLSA), a standard time and leave document will ensure compliance with the FLSA. While there were no uniform, statewide time and leave recording procedures in KIPPS, SHARP provides an official document that meets FLSA requirements.

7.0 - PROCEDURE:

7.1  All state agencies must use the official State of Kansas Time and Leave Document or, when necessary and approved by DPS, an alternate time and leave document for FLSA non-exempt employees.

7.2  The official State of Kansas Time and Leave Document includes:

  • Department number;
  • Employee ID number;
  • Record number;
  • Pay end date;
  • Name of employee;
  • FLSA status of the position;
  • FTE of the position;
  • Position number;
  • Funding group;
  • Earning code;
  • Amount of time or leave reported by day;
  • Employee's signature; and
  • Agency signature.

7.3  If agencies have a special need which requires an alternative time and leave document, they may develop an agency specific document as long as it includes all the items specified in 7.2 of this bulletin. DPS must approve any alternative time and leave document prior to its use. Agencies must send a sample document to their human resource consultant with a request for approval. If agencies prefer to administer the time and leave document electronically, the on-line document's prints and codes must also be approved by DPS as mentioned above.

7.4  Agencies must retain signed time documents for 5 years. However, an employee's log on or password will suffice as a substitute for a written signature for agencies who administer the time and leave document electronically.

7.5  Agencies who wish to be interface users for time and leave must have approval from the Department of Administration. DPS will coordinate the review as described in 7.3 of this bulletin.

8.0 - REFERENCES: Fair Labor Standards Act, 29 C.F.R. § 791.2 (a) and (b).

9.0 - CONTACT PERSON: Brent Smith at brent.smith@ks.gov or (785) 296-1432.

Revoked Bulletins

Bulletin 09-01 - Fair Labor Standards Act (FLSA) procedures regarding exempt employees.
Bulletin 08-02 - Payments for Employees Activated to Military Duty
Bulletin 05-06 - Family and Medical Leave Act (FMLA) Guidelines for the State of Kansas
Bulletin 05-05 - Fair Labor Standards Act (FLSA) procedures regarding exempt employees
Bulletin 05-02 - FMLA Guidelines
Bulletin 05-01 - Definition of continuous service for shared leave
Bulletin 04-04 - Clarification of Holiday Issues
Bulletin 04-03 - FLSA Procedures regarding Exempt Employees
Bulletin 04-01 - State Employees Reporting for Active Military Duty
Bulletin 03-05 - State Employees Reporting for Active Military Duty
Bulletin 03-04 - Performance Reviews
Bulletin 03-03 - Military Leave Clarifications
Bulletin 02-04 - Furlough of Exempt Employees
Bulletin 01-03 - State Employees  Reporting for Active Military Duty
Bulletin 99-02 - Minimum Recruitment Periods for State Job Vacancies
Bulletin 99-01 - Vacation Leave Overage
Bulletin 98-01 - Temporary Employees Not Eligible for Holiday Pay
Bulletin 96-02 - Explanatory Memorandum
Bulletin 95-01 - FLSA Exempt Employees's Use of Leave

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