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.