Kansas Department of Administration

Personnel Regulations

Article 1 - Purpose, Adoption, and Amendment of Regulations: Personnel Policies

Purpose, Adoption, and Amendment of Regulations: Personnel Policies

1-1-1. State human resource program, responsibilities, regulations and guidelines.

  • The Kansas civil service act shall be administered by the director to establish a complete human resource program that provides an effective, diverse, responsible, and quality workforce. The regulations in articles 1 through 14 and any associated guidelines shall apply only to classified employees unless otherwise specifically stated.
  • The central personnel office for the state as one employer shall be the division of personnel services.
  • The statewide human resource program shall be managed by the director in partnership with the human resource directors and staff of other state agencies. Agencies shall be provided with opportunities to share in the responsibility of   developing regulations and implementing the resulting programs. Each human resource duty that is delegated to an appointing authority by the director shall be the responsibility of the appointing authority. The appointing authority   shall comply with statewide personnel regulations and statutes.
  •  The human resource regulations and bulletins shall be made available to each agency by the director.
  •  Each agency shall make available for inspection all human resource regulations and bulletins to all employees in a manner that is both known to employees and available at all times.
  •  Standards of health and safety in state agencies and a comprehensive health and safety program for the state service shall be established by the director, in cooperation with appropriate agency administrators.
  •  This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-3707 and 75-3746; effective May 1, 1979; amended May 31, 1996; amended June 5, 2005.)

1-1-2. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 31, 1996.)

1-1-3. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 31, 1996.)

1-1-4. (Authorized by K.S.A. 75-3747; implementing K.S.A. 1982 Supp. 75-3746; effective May 1, 1983; revoked May 31, 1996.)

1-1-5. Pilot projects. (a) Plans for pilot projects within the state employee workforce may be developed by the director for the purpose of determining whether a specified change in human resource management policies or procedures or a new human resources program would result in improved statewide human resource management. The plan shall specifically delineate any provisions of one or more personnel regulations relating to state agencies and state employees that are to be suspended with respect to participants in the pilot project and shall include findings that each proposed suspension of a regulation meets all of the following criteria:
 

(1) Suspension of the regulation is necessary to implement a pilot project that is expected to accomplish one or more of the following purposes:

  • To provide a means to recruit, select, develop, or maintain an effective and responsible workforce;
  • to provide personnel administration practices that meet the social, economic, and program needs of the people of the state of Kansas;
  • to facilitate the administration of personnel actions based on merit principles and fitness to perform the work required;
  • to provide fair and equal opportunity for public service; or
  • to provide improvements and economies in the organization and operation of state agencies.

(2) Suspension of the regulation will not be in conflict with the civil service act or any other statute of the state of Kansas.
(3) Suspension of the regulation will not be in conflict with any applicable federal statutes or regulation.
(4) Suspension of the regulation will not result in any personnel administration actions made on the basis of race, national origin or ancestry, religion, political affiliation, or other nonmerit factors.

  • The plan for a pilot project shall be subject to review by the secretary of administration. The pilot project may be approved, modified and approved, or rejected by the secretary. Each plan that is either approved or modified and approved by the secretary shall be submitted to the governor.
  • Implementation of the pilot project may be authorized by the governor in the form of an executive directive, which may place additional limitations or conditions on implementation of the pilot project as the governor deems advisable. The executive directive shall stipulate any provisions of one or more personnel regulations relating to state agencies and state employees that are suspended for participants in the pilot project. Such a suspension of provisions of one or more regulations shall be effective only for pilot project participants and only for the duration of the pilot project. (Authorized by K.S.A. 75-3706 and 75-3747; implementing K.S.A. 75-2925, 75-3707, and 75-3746; effective October 1, 1999
Article 2 - Definitions

Definitions

1-2-1. (Authorized by K.S.A. 1988 Supp. 75-3747; implementing K.S.A. 75-2938; effective May 1, 1979; amended May 1, 1981; revoked T-1-7-27-89, July 27, 1989; amended Nov. 20, 1989; revoked Dec. 17, 1995.)

1-2-2. Reserved for future use.

1-2-3. Act. Act means the Kansas civil service act. (Authorized by K.S.A. 75-3747; effective May 1, 1979.)

1-2-4. Agency. "Agency" means a unit of state government assigned a unique department identification number by the division of accounts and reports, except that for the purpose of the civil service act and these regulations, the university of Kansas at Lawrence and the university of Kansas medical center at Kansas City and Wichita, shall be considered as separate agencies. (Authorized by K.S.A. 1994 75-3747; implementing K.S.A. 75-3746; effective May 1, 1981; amended Dec. 17, 1995.)

1-2-5. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)

1-2-6. Reserved for future use.

1-2-7. Allocation. Allocation means the assignment of an individual position to an appropriate class. (Authorized by K.S.A. 75-3747; effective May 1, 1979.)

1-2-8. Applicant. "Applicant" means a person who registers personal information and qualifications with the state and who applies for a specific vacancy. (Authorized by K.S.A. 75-3706 and K.S.A. 1996 Supp. 75-3747; implementing K.S.A. 1996 Supp. 75-2939 and K.S.A. 75-3746; effective Dec. 17, 1995; amended Aug. 1, 1997.)

1-2-9. Appointing authority. (a) "Appointing authority" means a person or group of persons empowered by the constitution, by statute, or by lawfully delegated authority to make human resource decisions that affect state service, including designees of the appointing authority as provided in subsection (b).

(b) Any appointing authority may select an employee or group of employees to act as the designee of the appointing authority to make specified human resource decisions that affect state service.

(c) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended Dec. 17, 1995; amended June 5, 2005.)

1-2-10. Reserved for future use.

1-2-11. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)

1-2-12. Reserved for future use.

1-2-13. Budgeted position. Budgeted position means a position in the agency budget as approved by the legislature, which shall not be filled until the duties and responsibilities to be assigned to the position are actually decided upon by the employing agency and the position has been allocated to the proper class. (Authorized by K.S.A. 75-3747; effective May 1, 1979.)

1-2-14. Candidate. "Candidate" means an applicant who has been certified to the pool as eligible by the appointing authority or by the director, by virtue of meeting both the required selection criteria for a class of positions and the required selection criteria for a specific position. (Authorized by K.S.A. 75-3706 and K.S.A. 1996 Supp. 75-3747; implementing K.S.A. 1996 Supp. 75-2939, 75-2942, and 75-2943; effective Dec. 17, 1995; amended Aug. 1,1997.)

1-2-15. Career path. A career path identifies optimum alternative paths of employee progression to positions requiring successively higher levels of skill and the consequent promotional opportunities. (Authorized by K.S.A. 75-3747; effective May 1, 1979.)

1-2-16. Reserved for future use.

1-2-17. Class. "Class" means one or more positions sufficiently similar with respect to duties and responsibilities that the same descriptive title may be used with clarity to designate each position allocated to the class, that the same required selection criteria are needed for performance of the duties of positions in the class, that the same assessments may be used to select employees for positions in the class, and that the same schedule of pay can be applied with equity to all positions in the class under the same or substantially the same employment conditions. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-2938, as amended by 1995 SB 175, § 4; effective May 1, 1979; amended Dec. 17,1995.)

1-2-18. Reserved for future use.

1-2-19. Classified service. Classified service means all positions in the state service, except those which are specifically placed in the unclassified service by K.S.A. 75-2935, as amended, or other sections of the statutes. (Authorized by K.S.A. 75-3747; effective May 1, 1979.)

1-2-20. Commercial driver position. "Commercial driver position" means any position which is subject to the State of Kansas alcohol and controlled substances testing program established under the federal omnibus transportation employees testing act of 1991, 49 U.S.C. Appx. § 2717. Commercial driver positions shall be limited to those positions which require:

(a) a commercial driver's license as defined in the Kansas uniform commercial drivers' license act, K.S.A. 8-2,125 et seq., as amended; and

(b) operation of a commercial motor vehicle:

(1) with a gross vehicle weight of over 26,000 pounds; or

(2) designed to carry 16 or more passengers, including the driver. (Authorized by K.S.A. 1994 Supp. 75-3747, implementing K.S.A. 75-3746, 75-2940 and 75-3707; effective T-1-1-26-95, Jan. 26, 1995; effective May 30, 1995.)

1-2-21 to 1-2-22. Reserved for future use.

1-2-23. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked; T-86-17, June 17, 1985; revoked May 1, 1986.)

1-2-24. (Authorized by and implementing K.S.A. 75-3747; effective May 1, 1979; revoked; T-86-17, June 17, 1985; revoked May 1, 1986.)

1-2-25. Compensatory time. “Compensatory time” means time off in lieu of monetary payment for overtime worked, given pursuant to K.A.R. 1-5-24. This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-3707 and 75-3746; effective May 1, 1979; amended, T-86-17, June 17, 1985; amended, T-86-36, Dec. 11, 1985; amended May 1, 1986; amended, T-87-11, May 1, 1986; amended May 1, 1987; amended T-89-1, May 1, 1988; amended Sept. 26, 1988; amended June 5, 2005.)

 

1-2-25a. Holiday compensatory time. “Holiday compensatory time” means leave given in accordance with K.A.R. 1-9-2 to employees who work on holidays and who are compensated for this holiday work by receiving time off at a later date, at the rate of one and a half hours off for one hour worked. This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-3707 and 75-3746; effective June 5, 2005.)

 

1-2-26. (Authorized by K.S.A. 75-3747; effective May 1,1979; revoked Dec. 17, 1995.)

1-2-27. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)

1-2-28. Reserved for future use.

1-2-29. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)

1-2-30. This regulation shall be revoked on and after June 5, 2005. (Authorized by and implementing K.S.A. 1998 Supp. 75-4362 and K.S.A. 75-4363; effective April 13, 1992; amended July 26, 1993; amended October 1, 1999; revoked June 5, 2005.)

 

1-2-31.  Demotion. "Demotion" means the movement of an employee from a position in one class to a position in another class having a lower pay grade, either on an involuntary basis for disciplinary purposes or on a volunteer basis. This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 2004 Supp. 75-2949, K.S.A. 75-2949d, 75-3707 and 75-3746; effective May 1, 1979; amended Dec. 17, 1995; amended June 7, 2002; amended June 5, 2005.)

1-2-32. Director. Director means the director of personnel services. (Authorized by K.S.A. 75-3747; effective May 1, 1979.)

1-2-33. Division. Division means the state division of personnel services, including the director and the employees thereof. (Authorized by K.S.A. 75-3747; effective May 1,1979.)

1-2-34. Disability. Disability means, with respect to an individual: (a) a physical or mental impairment that substantially limits one or more major life activities;

(b) a record of such an impairment;

(c) or being regarded as having such an impairment. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-3746; effective Aug. 3, 1992.)

1-2-35. Candidate pool. "Candidate pool" means a pool of candidates certified as eligible for a vacancy by the appointing authority or by the director, and from which the appointing authority must hire an individual to fill that vacancy. (Authorized by K.S.A. 1996 Supp.75-3747; implementing K.S.A. 1996 Supp. 75-2939, 75-2942, and 75-2943; effective May 1,1979; amended Dec. 17, 1995; amended Aug. 1, 1997.)

1-2-36. Reserved for future use.

1-2-37. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)

1-2-38. Reserved for future use.

1-2-39.(Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)

1-2-40. Reserved for future use.

1-2-41. Established position. Established position means a position which is in the budget as approved by the legislature, and which has been allocated. (Authorized by K.S.A. 75-3747; effective May 1, 1979.)

1-2-42. Exempt employee. "Exempt employee" means an employee who is in a position that is determined by the director, or by an appointing authority with delegated authority under K.S.A. 75-2938, and amendments thereto, not to be eligible for overtime pay under 29 U.S.C. § 213, as amended on October 31, 1998 and hereby adopted by reference. (Authorized by K.S.A. 2001 Supp. 75-3747; implementing K.S.A. 75-3746; effective Dec. 17, 1995; amended June 7, 2002.)

1-2-42a. Non-exempt employee. "Non-exempt employee" means an employee who is in a position that is determined by the director, or by an appointing authority with delegated authority under K.S.A. 75-2938, and amendments thereto, to be eligible for overtime pay under 29 U.S.C. § 213, as amended on October 31, 1998 and hereby adopted by reference. (Authorized by K.S.A. 2001 Supp. 75-3747; implementing K.S.A. 75-3746; effective Dec. 17, 1995; amended June 7, 2002.)

1-2-43. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)

1-2-43a. Incumbent. “Incumbent” means the employee occupying a particular position. This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-3706 and K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-3707 and 75-3746; effective June 5, 2005.)

 

1-2-44. In pay status. "In pay status" means time worked, and time off work for which the employee is compensated because of a holiday, the use of any kind of leave with pay, or the use of compensatory time or holiday compensatory time. This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-3707, 75-3746, and 75-5507; effective Dec. 17, 1995; amended June 5, 2005.)

1-2-45. Intern program. Intern program means an entrance level career development program which applies scholastic achievement or potential to guided participation in utilizing professional and managerial techniques within a specific occupational field. (Authorized by K.S.A. 75-3747; effective May 1, 1979.)

1-2-46. Length of service. (a) "Length of service" shall mean total time worked in the classified service or unclassified service, including time spent on an appointment to a position pursuant to K.S.A. 75-2935(1)(i), and amendments thereto. Length of service shall exclude the following:

(1) Time worked as a temporary employee in accordance with the provisions of K.A.R. 1-6-25;

(2) time worked as a student employed by any board of regents institu¬tion;

(3) time worked as a resident worker in an institution of mental health as defined in K.S.A. 76-12a01 and amendments thereto or in a state veteran’s home operated by the Kansas commission on veteran's affairs; and

(4) time worked as an inmate.

(b) Time spent on military leave and time off while receiving workers compensation wage replacement for loss of work time, shall be considered to be time worked in the classified or unclassified service. Time on leave while receiving workers compensation wage replacement for a disability attributable to state employment before May 1, 1983, shall not be credited.

(c) Within educational institutions under the control and supervision of the state board of regents or the state board of education, time spent on leave of absence, if imposed by the educational institution based on employment customs arising from an academic or school calendar requiring less than a full calendar year of service, shall be considered to be time worked in the classified service. However, length of service based on this leave of absence shall not be transferable to other state agencies. For the purposes of layoff, employees of these institutions shall be credited only for actual time worked.

(d) (1) Length of service for computing vacation leave accrual rates and for layoff or compensation purposes shall not be recalculated using prior versions of this regulation for employees who have no break in service.

(2) Length of service for determining vacation and sick leave accrual rates and for layoff or compensation purposes for an individual returning to state service shall be the amount of length of service on record as of December 17, 1995, or on the date the individual left state service, whichever date is later.

(e) Authorized leave without pay over 30 consecutive days shall not count toward length of service. However, authorized leave without pay for 30 consecutive days or less shall not be considered a break in service.

(f) Increased rates of vacation leave earnings based on length of service shall not be retroactive.

(g) For purposes of vacation leave accrual, layoff, and longevity bonus pay, the length of service of any person who has retired from state service shall be reduced to zero, and if the person later returns to state service, the length of service shall be calculated on the same basis as that for a new hire.

(Authorized by K.S.A. 75-3706 and K.S.A. 2005 Supp. 75-3747; implementing K.S.A. 75-3707 and 75-3746; effective May 1, 1983; amended May 1, 1984; amended May 1, 1985; amended, T-87-52, Dec. 19, 1986; amended May 1, 1987; amended Dec. 27, 1993; amended Dec. 17, 1995; amended Sept. 18, 1998; amended June 5, 2005; amended Jan. 12, 2007.)

1-2-47. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)

1-2-48. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-3746 and K.S.A. 75-2948, as amended by 1995 SB 175, § 12; effective May 1, 1984; amended Dec, 17, 1995; revoked June 7, 2002.)

1-2-49. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)

1-2-50. New hire. "New hire" means any person hired by a state agency who has not been previously employed by the state. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-2942; effective May 1, 1981; amended Dec. 17, 1995.)

1-2-51. Pay increase date. "Pay increase date" means the date on which an employee is eligible for a step increase based on the time-on-step requirements of K.A.R. 1-5-19b. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-2938, as amended by 1995 SB 175, § 4; effective May 1, 1979; amended May 1, 1983; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended May 1, 1987; amended Dec, 17, 1995.)

1-2-52. Reserved for future use.

1-2-53. (Authorized by K.S.A. 1980 Supp. 75-3747; implementing K.S.A. 75-2946; effective May 1, 1979; amended May 1, 1981; revoked May 31, 1996.)

1-2-54. Pay grade. "Pay grade" means a salary and wage range in the pay plan prepared by the director as required by K.S.A. 75-2938. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-2938, as amended by 1995 SB 175, § 4; effective Dec. 17, 1995.)

1-2-55. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)

1-2-56. Reserved for future use.

1-2-57. Permanent status. "Permanent status" means the status of an employee who has successfully completed a probationary period, in accordance with K.A.R. 1-7-3, 1-7-4, and 1-7-6. (Authorized by K.S.A. 1995 Supp. 75-3747; implementing K.S.A. 75-2946; effective May 1, 1979; amended May 1, 1981; amended May 31, 1996.)

1-2-58. Reserved for future use.

1-2-59. Position. Position means a group of duties and responsibilities, assigned or delegated by an appointing authority, requiring the services of an employee on a full-time basis or, in some cases, on a less than full-time basis. (Authorized by K.S.A. 75-3747; effective May 1, 1979.)

1-2-60. Reserved for future use.

1-2-61. Position review. Position review means the official study by the agency personnel officer or the division of personnel services of the current or proposed duties and responsibilities of a position. (Authorized by K.S.A. 1983 Supp. 75-3747; implementing K.S.A. 1983 Supp.75-2938; effective May 1, 1979; amended May 1, 1984.)

1-2-62. Reserved for future use.

1-2-63. Position description. Position description means a description of the duties and responsibilities of a position, and the education, experience, knowledge, skills, and abilities necessary to perform the duties and responsibilities of the position in a satisfactory manner. (Authorized by K.S.A. 75-3747; effective May 1, 1979.)

1-2-64. Probationary employee. “Probationary employee” means any individual serving a probationary period pursuant to K.A.R. 1-7-4 (a) or (d). (Authorized by K.S.A. 75-3706 and K.S.A. 2008 Supp. 75-3747; implementing K.S.A. 75-2943, 75-2946, 75-3707, and 75-3746; effective Sept. 25, 2009.)

1-2-65. Probationary status. “Probationary status” means the status of an employee serving a probationary period pursuant to K.A.R. 1-7-4 (a) or (d). (Authorized by K.S.A. 75-3706 and K.S.A. 2008 Supp. 75-3747; implementing K.S.A. 75-2938, 75-2943, 75-2946, 75-3707, and 75-3746; effective May 1, 1979; amended Sept. 25, 2009.)

1-2-66. Reserved for future use.

1-2-67. Promotion. "Promotion" means a change of an employee from a position in one class to a position in another class having a higher pay grade, by an employee who meets the required selection criteria for promotion. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-2944, as amended by 1995 SB 175, § 9, and K.S.A. 75-3746; effective May 1, 1979; amended Dec. 17, 1995.)

1-2-68. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-2939, as amended by 1995 SB 175, § 5 and K.S.A. 75-3746; effective Dec. 17, 1995; revoked Aug. 1,1997.)

1-2-69. Reallocation. Reallocation means a change in allocation of an existing position within an agency from one (1) class to another, at the same or a different level, on the basis of significant changes in the kind, difficulty, or responsibility of the work performed in such position. (Authorized by K.S.A. 75-3747; effective May 1, 1979.)

1-2-70. Regular position. "Regular position" means any position other than a temporary position. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-3746; effective Dec. 17, 1995.)

1-2-71. Reemployment pool. "Reemployment pool" means a pool of persons who: (a) were laid off;

(b) in lieu of a layoff, accepted a demotion or transfer to a position in another county, agency, program or shift, or to a position with fewer hours; or

(c) voluntarily requested to be laid off. (Authorized by K.S.A. 1994 Supp.75-3747; implementing K.S.A. 75-2948, as amended by 1995 SB 175, § 12, and K.S.A. 75-3746; effective May 1, 1979; amended May 1, 1984; amended Dec. 17, 1995.)

1-2-72. Rehire. "Rehire" means any person hired by the state who was previously employed by the state. (Authorized by K.S.A. 1995 Supp. 75-3747; implementing K.S.A. 75-3746; effective Dec. 17, 1995; amended May 31, 1996.)

1-2-73. Reinstatement. "Reinstatement" means rehiring a former permanent state employee within one year of a voluntary termination from the state into a position for which the individual meets the required selection criteria and which is in the same or similar class as the class in which the individual had permanent status prior to the termination. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended Dec. 17, 1995.)

 

1-2-74. Administrative leave. "Administrative leave" shall mean leave with pay that is approved by the appointing authority for an employee pending the outcome of an investigation of that employee under K.A.R. 1-9-19 or for other situations in which the appointing authority determines that administrative leave is in the best interests of the state. (Authorized by K.S.A. 2014 Supp. 75-2949 and 75-3747; implementing K.S.A. 2014 Supp. 75-2949, K.S.A. 75-3707, and K.S.A. 75-3746; effective Oct. 1, 1999; amended June 5, 2005; amended Jan. 6, 2017.)

1-2-75. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)

1-2-76. Reserved for future use.

1-2-77. (Authorized by K.S.A. 75-3706; implementing K.S.A. 20-2608, K.S.A. 1997 Supp. 74-4914 and K.S.A. 75-5517; effective Sept. 18, 1998; revoked Jan. 12, 2007.)

1-2-78. Resignation. Resignation means the voluntary termination of employment by an employee. (Authorized by K.S.A. 75-3747; effective May 1, 1979.)

1-2-79. Roster, official. "Official roster" means the employment history and employment status of all individuals in state service. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1985; amended Dec. 17, 1995.)

1-2-80. (Authorized by K.S.A. 1980 Supp. 75-3747; implementing K.S.A. 1980 Supp. 75-2938; effective May 1, 1979; amended May 1, 1981; revoked, T-86-17, June 17, 1985; revoked May 1, 1986.)

1-2-81. (Authorized by and implementing L. 1988, Chap. 325, Sec. 1; effective, T-1-10-28-88, Oct. 31, 1988; effective, Dec. 18, 1988; revoked April 13,1992.)

1-2-82. Reserved for future use.

1-2-83. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)

1-2-84. Supervisor. "Supervisor" means an employee in a position that meets all of the following criteria: (a) Performs a majority of work that is different from that of the employee's subordinates; and

(b) has the responsibility to authorize or recommend in the interest of the employer a majority of the following actions:

(1) To hire, transfer, suspend, promote, demote, dismiss, and discipline employees under that individual's supervision and to address employee grievances; and

(2) to assign, direct, and conduct performance reviews of the work.

The exercise of this authority and responsibility shall not be of a merely routine or clerical nature but shall require the use of independent judgment. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1985; amended Dec. 17, 1995; amended October 1, 1999.)

1-2-84a.This regulation shall be revoked on and after June 5, 2005. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-3746; effective October 1, 1999; revoked June 5, 2005.)

 

1-2-84b. This regulation shall be revoked on and after June 5, 2005. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-3746; effective October 1, 1999; revoked June 5, 2005.)

1-2-85. Temporary position. "Temporary position" means a classified position which is limited to not more than 999 hours of employment in a 12-month period. A temporary position shall not affect the position limitation of an agency. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-2945, as amended by 1995 SB 175, § 10; effective May 1, 1979; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended May 1, 1987; amended Dec. 17, 1995.)

1-2-86. Time-on-step. "Time-on-step" means the amount of time an employee must serve on a particular step of the pay grade to be eligible for a step increase. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-2938, as amended by 1995 SB 175, § 4, and K.S.A. 75-3746; effective Dec. 17, 1995.)

1-2-87. Reserved for future use.

1-2-88. Transfer. "Transfer" means a change by an employee from one position to another position with a close similarity of duties, essentially the same basic qualifications, and the same pay grade. (Authorized by K.S.A. 1995 Supp. 75-3747; implementing K.S.A. 1995 Supp.75-2944 and K.S.A. 75-3746; effective May 1, 1979; amended May 1, 1983; amended Dec. 17, 1995; amended May 31, 1996.)

1-2-89, 1-2-90. Reserved for future use.

1-2-91. (Authorized by K.S.A. 1982 Supp. 75-3747; implementing K.S.A. 75-2947, K.S.A. 1982 Supp. 75-2944; effective May 1, 1979; amended May 1, 1981; amended May 1, 1983; revoked Dec. 17, 1995.)

1-2-92, 1-2-93, 1-2-94. Reserved for future use.

1-2-95. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)

1-2-96. Reserved for future use.

1-2-97. Unclassified service. “Unclassified service” means those positions specifically designated by law as unclassified. This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-3706 and K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 2004 Supp. 75-2935, as amended by 2005 SB 74 § 3, and 75-3746; effective May 1, 1979; amended June 5, 2005.)

Article 3 - Equal Employment Opportunity and Affirmative Action

1-3-1. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 31, 1996.)

1-3-2. This regulation shall be revoked on and after June 5, 2005. (Authorized by K.S.A. 1994 Supp. 75-3747, implementing K.S.A. 75-2956a; effective May 1, 1979; amended Dec. 17, 1995; revoked June 5, 2005.)

1-3-3. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 31, 1996.)

1-3-4. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 31, 1996.)

1-3-5. Definitions. (a) “Affirmative action” means a deliberate and sustained effort to identify and eliminate barriers to the employment and advancement of females and minorities. The purpose of affirmative action initiatives shall be to achieve, at all levels, a state government workforce whose composition with respect to female and minority employees approximates the composition of the available, qualified state resident workforce.
(b) “Affirmative action plan” means a written, results-oriented plan detailing the steps that an appointing authority will take to achieve a workforce whose composition with respect to female and minority employees approximates the composition of the available, qualified state resident workforce.
(c) “Equal employment opportunity” means the administration of the civil service personnel system in a manner that promotes the right of all persons to work and to advance on the basis of merit and ability without regard to race, religion, color, sex, national origin, age, disability, military or veteran status, or political affiliation, except as otherwise provided by law.
(d) “Minority,” means a group differing in race or ethnic background from the majority of the available, qualified state workforce, or a member of such a group.
(e) “Underutilization,” with respect to a workforce, means a condition in which the percentage of female or minority employees is less than the percentage of females or minorities in the available, qualified state workforce. (Authorized by K.S.A. 75-3706 and K.S.A. 2005 Supp. 75-3747; implementing K.S.A. 75-2925, 75-2941, 75-3707, and 75-3746; effective Jan. 12, 2007.)

1-3-6. Equal employment opportunity; affirmative action. In a manner that is consistent with K.S.A. 75-2925 and amendments thereto, each appointing authority shall take the following steps: (a) Each appointing authority shall implement programs and policies designed to promote equal employment opportunity and shall implement an affirmative action plan to identify whether areas of underutilization exist. If areas of underutilization are identified, the appointing authority shall initiate programs designed to address the underutilization.
(b) Each appointing authority shall establish any goals and target dates necessary to effectuate agency-level and statewide affirmative action plans.
(c) Each appointing authority shall ensure that complete and accurate applicant and employment records and statistics are maintained that provide information for the evaluation and analysis of current and past employment practices with respect to affirmative action. Each appointing authority shall provide this data to the director in the manner and on the forms required by the secretary. (Authorized by K.S.A. 75-3706 and K.S.A. 2005 Supp. 75-3747; implementing K.S.A. 75-2925, 75-2941, 75-3707, and 75-3746; effective Jan. 12, 2007.)

Article 4 - Classification

Classification

1-4-1. Preparation of classification plan. (a) A classification plan shall be prepared by the director after determining, in cooperation with appointing authorities and principal supervisory officials, the duties and responsibilities of all positions in the classified service.

(1) The classification plan shall establish an appropriate title for each class, describe the typical duties and responsibilities of the positions in the class, and indicate the required selection criteria for performance of the duties of the class.

(2) The classification plan shall be developed and maintained in such a manner that:

(A) all positions substantially similar with respect to the kind, difficulty, and responsibility of work are included in the same class;

(B) there are required selection criteria which are applicable to all positions in a class, in addition to any selection criteria which may be applied to individual positions in a class to fulfill specific job requirements; and

(C) the same pay grade may be applied with equity to all positions in the class.

(b) The classification plan, and any amendments or revisions thereto, shall be in effect after approval by the governor, on an effective date specified by the governor.

(c) The classification plan shall be revised or amended whenever there are significant changes in organization, creation or abolition of one or more classifications, or changes in the duties or responsibilities of a classification that make revision or amendment necessary. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-2938, as amended by 1995 SB 175, § 4; effective May 1, 1979; amended May 1, 1981; amended Dec. 17, 1995.)

1-4-2.  Position management. (a) Each supervisor shall structure each position to promote efficient use of the workforce and to fulfill current and future requirements, and shall accurately describe in writing the duties of the position. The supervisor shall review each subordinate position when the responsibilities of the position change, each time the position becomes vacant, and when other pertinent circumstances indicate a review is appropriate

(b) Each appointing authority shall maintain a system of position identification and control, indicating the organizational unit, location, duties, and work hours and shifts of each established position, which shall be made available to the director upon request.

(c) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-2950 and K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2938, 75-2950 and 75-3746; effective May 1, 1979; amended May 1, 1981; amended May 31, 1996; amended June 5, 2005.)

 

1-4-3. Position description. Each appointing authority shall ensure that a current position description is prepared and maintained for each position in the agency and that each position description accurately describes the duties and responsibilities of the position. The position description shall be signed by the supervisor, the employee, and the agency’s human resource director or other human resource official. The appointing authority shall make the position description available to the division of personnel services upon request. This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-2950 and K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2938, 75-2950 and 75-3746; effective May 1, 1979; amended June 5, 2005.)

1-4-4. Position analysis. Position descriptions shall be reviewed by managers, supervisors, and personnel officers or other personnel officials to determine the duties and responsibilities assigned to a particular position, its location in the organization, and the education, experience, knowledge, abilities, and skills necessary to perform successfully those duties and responsibilities. (Authorized by K.S.A. 75-3747; effective May 1, 1979.)

1-4-5. Position allocation; delegation to appointing authority. (a) The appointing authority shall notify the director when a new position is created in the classified service. The notice shall include a statement of the duties and responsibilities that are to be assigned to the position. The position shall then be allocated by the director. Except as otherwise provided in the act or in these regulations, no person shall be appointed to, or employed in, a classified position until the position has been allocated to an established class or until the classification plan has been amended to provide for the new position.

(b) The authority to allocate positions in an agency may be delegated by the secretary of administration to the appointing authority of that agency. The delegation shall specify the classes, or group of classes, for which the authority is granted, and conditions under which the delegation is made. Any delegation of allocation authority may be modified or withdrawn by the secretary to the extent provided by K.S.A. 75-2938(c) and amendments thereto.

(c) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-75-2938 and 75-3746; effective May 1, 1979; amended May 1, 1981; amended June 5, 2005.)

1-4-6. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 31, 1996.)

1-4-7.  Position reallocation. (a)(1) Upon the initiative of the director or the request of an incumbent or appointing authority, a position shall be reviewed whenever either of the following conditions is met:

(A) The organizational structure of an agency or the duties of a position are significantly changed.

(B) For any reason other than those specified in paragraph (a)(1)(A), a position appears to be allocated incorrectly.

(2) After conferring with the appointing authority, the position under review may be reallocated by the director to a different class, or the existing allocation may be retained. During the review, other positions may be reviewed and reallocated as required.

(b) Reallocations shall not be used for either of the following purposes:

(1) To avoid the provisions of regulations pertaining to layoffs, demotions, promotions, and dismissals; or

(2) to increase or decrease the pay of an employee in circumvention of the regulations pertaining to pay.

(c) Unless otherwise prescribed by the secretary of administration, an appointing authority who has been granted authority to allocate positions shall have authority to reallocate the same positions.

(d) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2938 and 75-3746; effective May 1, 1979; amended May 1, 1981; amended Dec. 17, 1995; amended June 5, 2005.)

1-4-8. Effect of position reallocation on incumbent. (a)(1) If a position that is reallocated is filled on the date of reallocation by an employee with permanent or probationary status and if the incumbent wishes to remain in the position, the appointing authority shall, within the current pay period, appoint the incumbent to the class to which the position was allocated.

(2) If the class specification for the reallocated position requires that the person appointed to any position in that class possess a special license or certificate and the incumbent does not possess such a license or certificate, the incumbent shall not be appointed to the class to which the position was reallocated. If the reallocation of any position to a class requires that the employee possess a special license or certificate and if the incumbent does not possess that license or certificate, the reallocation may be made only after the reallocation has been approved in writing by the director.

(b) Except as provided in paragraph (a)(2), if the incumbent had permanent status at the time the position is reallocated, the appointing authority shall appoint the incumbent to the class to which the position was reallocated with permanent status, but may require the incumbent to serve a probationary period in accordance with the provisions of K.A.R. 1-7-4(b). Notice of the probationary period shall be given to the employee in writing.

(c) If the reallocation of a position occupied by an employee with permanent status is to a lower class, the appointing authority shall give the employee a written statement of the reason the position is being reallocated to a lower class.

(d) A reallocation shall not be retroactive unless authorized by the director, in writing, based on the director’s determination that failure to do so would create a manifest injustice or undue hardship on the employee whose position is being reallocated. Each determination to authorize a retroactive reallocation shall be made by the director on a case-by-case basis. The length of time for which the reallocation will be retroactive shall be determined by the director.

(e) If the incumbent was serving a probationary period in the former class, the time served on probation in the former class shall apply towards the probationary period in the new class. However, if the incumbent had permanent status, but was serving a probationary period as a result of a promotional appointment to the former class, the appointing authority may start the employee on a new probationary period. The new probationary period shall begin on the date of the appointment to the new class, and the length of the probationary period shall be the same as that provided for promotional appointments in K.A.R. 1-7-4(b).

(f)(1) If the incumbent does not wish to remain in the position upon its reallocation, the incumbent shall submit a written notice to the appointing authority within 14 calendar days of the date on which the incumbent is given a written notice of the pending reallocation. If the incumbent does not submit a written notice within that 14-day period, the incumbent shall be presumed to desire to remain in the position as reallocated.

(2) If the incumbent has submitted the written notice as provided under paragraph (f)(1) or does not qualify for the position under paragraph (a)(2), the appointing authority shall take one of the following actions in accordance with these regulations:

(A) Lay off the incumbent if the incumbent has permanent status;

(B) terminate the incumbent if the incumbent has probationary status; or

(C) appoint the incumbent to a different position on the basis of a promotion, transfer, or voluntary demotion.

(g) Different qualifications may be established by the director for those positions in a class that are subject to federal laws and regulations.

(h) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-2946 and K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2938, 75-2946, 75-3707 and 75-3746; effective May 1, 1979; amended May 1, 1981; amended May 1, 1983; amended May 1, 1984; amended October 1, 1999; amended June 5, 2005.)

1-4-9. Use of class titles. The class titles included in the classification plan, or code symbols of these titles, shall be used in all personnel, accounting, budget, appropriation, and financial records of all state agencies. No person shall be appointed to or employed in a position in the classified service under a title not included in the classification plan. (Authorized by K.S.A. 75-3747; effective May 1, 1979.)

Article 5 - Compensation

Compensation

1-5-1. Preparation, installation, and revision of the pay plan or plans. (a) After conferring with appointing authorities, the secretary of administration and the director of the budget, a pay plan or plans for the classified service shall be recommended to the governor by the director. Except as otherwise provided, the pay plan or plans shall provide a minimum and maximum rate of pay for each class of positions in the classified service. In establishing these rates, the following factors shall be taken into consideration by the director:

(1) the condition of the labor market;

(2) prevailing rates for comparable positions in other public employment and in private business;

(3) difficulty and responsibility of work;

(4) the usual education and experience required;

(5) the current cost of living;

(6) turnover rates in the state service; and

(7) maintenance or other benefits received.

Revisions to the pay plan or plans shall be prepared, adopted, and made effective in accordance with other provisions of article 5 of these regulations.

(b) When a pay plan or plans are to be installed or revised, instructions for installing or revising the plan or plans shall be prepared by the director, including instructions for handling circumstances where an employee's pay is above the pay grade, below the pay grade, or not on a step of the pay grade for the class in which the employee is employed. The instructions shall not be required if these circumstances can be handled by application of appropriate regulations. (Authorized by K.S.A. 1995 Supp. 75-3747; implementing K.S.A. 1995 Supp. 75-2938; effective May 1, 1979; amended May 31, 1996.)

1-5-2. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 31, 1996.)

1-5-3. (Authorized by K.S.A. 75-3747; effective May 1, 1979; amended Dec. 17, 1995; revoked May 31, 1996.)

1-5-4. Assignment of classes to pay grades. After conferring with appointing authorities, the secretary of administration, and the director of the budget, the assignment of each class of positions to one of the pay grades shall be recommended to the governor by the director, and schedules showing the pay grades approved by the governor for each class of positions shall be prepared by the director. Separate schedules of pay grades and steps showing full time biweekly salaries and hourly rates shall be developed and the appropriate schedule shall be used for each position in the classified service. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-2938, as amended by 1995 SB 175, § 4; effective May 1, 1979; amended Dec. 17, 1995.)

1-5-5. (Authorized by K.S.A. 1985 Supp. 75-3747; implementing K.S.A. 75-2938; effective May 1, 1979; amended May 1, 1981; amended, T-86-17, June 17, 1985; amended, T-86-36, Dec. 11, 1985; amended May 1, 1986; amended, T-87-11, May 1, 1986; amended May 1, 1987; revoked Dec. 17, 1995.)

1-5-6. (Authorized by K.S.A. 75-3747; effective May 1, 1979; amended Dec. 17, 1995; revoked May 31, 1996.)

1-5-7. Employees to be paid within the pay grade, approval of employee pay changes; effective date; retroactive increases. (a) Except as provided otherwise in these regulations, each employee shall be paid within the pay grade adopted for the class of positions and at the step within the pay grade as prescribed by these regulations.

(b) All employee pay changes shall be determined by the appointing authority in a manner prescribed by the director and shall comply with all applicable personnel regulations and directives approved by the governor.

(c) Each employee pay step increase shall be effective on the date that the employee completes the time-on-step requirements as stated in K.A.R. 1-5-19b. All other pay changes shall take effect on the day of the transaction.

(d) Employee pay changes may be retroactive as approved by the appointing authority or the director to correct documented errors or as otherwise approved by the governor. Each retroactive pay increase shall be limited to no more than six payroll periods, except as otherwise approved by the director.

(e) In a manner prescribed by the director, the appointing authority shall report to the director all pay changes made by the appointing authority pursuant to this regulation. (Authorized by K.S.A. 1996 Supp. 75-3747; implementing K.S.A. 1996 Supp. 75-2938; effective May 1, 1979; amended, E-81-23, Aug. 27, 1980; amended May 1, 1981; amended May 1, 1983; amended May 1, 1984; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended Dec. 17, 1995; amended May 31, 1996; amended Oct. 24, 1997.)

 

1-5-8.  Beginning pay. (a) Except as specified in subsection (b), each new hire and each rehire not based on a reemployment or reinstatement shall be paid at the minimum step of the pay grade for the class. 

(b) New hires and rehires not based on a reemployment or a reinstatement may be paid at higher steps in the pay grade only under the following circumstances:

(1) If an agency has an eligible candidate with exceptional qualifications directly related to the vacant position and the agency cannot employ the person at the minimum step, the appointing authority may approve beginning pay for the individual at a higher step in the pay grade. Exceptional qualifications shall be based on the candidate's education, training, experience, skills, and other job-related qualifications.

(2) If there is a lack of candidates for a class of positions available for employment at the minimum step, one or more appointing authorities may request that the director establish some higher step in the pay grade as the beginning pay in the class for new hires and for rehires not based on a reemployment or a reinstatement. Authorization for the higher beginning pay may be given to a designated agency or agencies, to all agencies, or for a particular geographical area. This authorization shall remain in place until canceled by the director. If the authorization has remained in place for three years for reasons other than a geographic basis, a compensation study shall be conducted by the director.

(A) If the director authorizes higher beginning pay under paragraph (b) (2), each appointing authority whose agency has positions in the class or geographical area that is authorized for a higher beginning pay shall be notified of the authorization by the director. Except as provided below, the appointing authority of each agency to which the authority has been granted shall then raise the pay of each incumbent in the class who is being paid at a lower step to the higher beginning pay. These pay increases shall take effect on the first day of the pay period following the date of the director’s authorization. The length of time that the incumbent has spent on the previous step of the pay grade shall count toward the time-on-step requirement for the new step.

(B) If the authorization granted under paragraph (b) (2) is only for a particular geographical area, the appointing authority shall not raise the pay of incumbents in other geographical areas.

(3) Any appointing authority may pay a temporary employee at a higher step in the pay grade if the candidate has exceptional qualifications directly related to the position or has former permanent status in the same class or another class at the same or higher pay grade.

(c) In a manner prescribed by the director, the appointing authority shall report to the director each hire above the minimum step made by the appointing authority as provided in this regulation. 

(d) The beginning pay for any unclassified employee hired into a position in the classified service shall be determined in accordance with the provisions of this regulation. (Authorized by K.S.A. 75-2950 and K.S.A. 2005 Supp. 75-3747; implementing K.S.A. 75-2938, 75-2938a, 75-2950, 75-3707, and K.S.A. 75-3746; effective May 1, 1979; amended, E-81-14, June 12, 1980; amended May 1, 1981; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended May 1, 1987; amended Dec. 17, 1995; amended Oct. 24, 1997; amended T-1-1-30-01, Feb. 4, 2001; amended May 25, 2001; amended June 5, 2005; amended Sept. 29, 2006.)

 

1-5-9. Pay of temporary employee. (a) Except as provided in subsection (b), the pay of each temporary employee shall be the minimum step of the pay grade to which the classification is assigned.

(b) At the option of the appointing authority, any temporary employee may be hired at a step higher than the minimum step as provided in K.A.R. 1-5-8.

(c) Nothing in this regulation shall prevent the appointing authority from hiring the candidate at a step in the pay grade lower than that permitted by subsection (b).

(d) No person hired on a temporary basis shall be eligible for any step increase during the period of temporary employment.

(e) This regulation shall take effect on and after February 4, 2001. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-2938, and K.S.A. 75-2945; effective May 1, 1979; amended, E-81-14, June 12, 1980; amended May 1, 1981; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended, T-1-7-27-89, July 27, 1989; amended Nov. 20, 1989; amended Dec. 17, 1995; amended Sept. 18, 1998; amended May 25, 2001.)

1-5-10. Pay of employee rehired by reinstatement or reemployment. (a) Any person hired by reinstatement may be paid at the same step of the pay grade for the class to which the employee is reinstated as the step on which the employee was previously paid for the class that serves as the basis for the employee's eligibility for reinstatement. When an employee to be reinstated has exceptional qualifications and the agency cannot hire the person at the previous step, the agency's appointing authority may approve beginning pay at a higher step in the pay grade. Exceptional qualifications shall be based on the former employee's education, training, experience, skills, and other qualifications directly related to the vacant position.

(1) When a higher step in the pay grade has been established as the beginning pay for new hires to the class pursuant to K.A.R. 1-5-8 due to lack of candidates, the agency shall hire the employee at the higher beginning pay.

(2) Nothing in this subsection shall prevent a person from accepting reinstatement at a step lower than that on which the person was being paid in the class that serves as the basis for the employee's eligibility for reinstatement.

(b) The pay increase date for any person who is reinstated shall be governed by the time-on-step requirement of the step to which reinstated. Time-on-step in a previous position shall not count towards the time-on-step requirement.

(c)(1) Any person who is reemployed to the same class from which the person was laid off, or to a class with the same pay grade as that class, shall be paid at the same step of the pay grade as the step on which the person was being paid on the date the person was laid off, or any lower step of the pay grade.

(2) Any person who is reemployed to a class with a pay grade lower than the class from which the person was laid off shall be paid at one of the following rates:

(A) the same pay rate (dollar amount) as the rate the person was being paid immediately before being laid off, if the rate is on a step in the lower pay grade. If that rate is within the pay grade for the class but not on a step, the person may be paid at the next lower step or the next higher step. However, in no case shall the person be paid above the maximum step of the lower pay grade; or

(B) a lower pay rate (dollar amount) than the person was being paid immediately before being laid off.

(d) In determining the pay increase date for any person who is reemployed to the class from which the person was laid off, to a class with the same pay grade as that class, or to a class with a pay grade lower than that class, the length of time the employee had spent on the last pay step immediately before the date the person was laid off shall count toward the time-on-step requirement. If the pay increase date for this person is less than six months after the date of reemployment, the agency may use the person's last performance review rating before layoff or may give a new performance review rating in determining the person's eligibility for a pay step increase, as provided in K.A.R. 1-5-19b. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-2938, 75-2948, and K.S.A. 75-3746; effective May 1, 1979; amended, E-81-14, June 12, 1980; amended May 1, 1981; amended May 1, 1984; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended May 1, 1987; amended, T-1-7-27-89, July 27, 1989; amended Nov. 20, 1989; amended Dec. 17, 1995; amended Sept. 18, 1998.)

1-5-11. Pay of employee returned from military leave. (a) Except as provided in subsection (b) of this regulation, any employee who returns from military leave to a position in the same class in which the employee was employed when the leave was granted, or to a position in the same pay grade, shall be paid at the same step in the pay grade at which the employee was being paid when the leave began. In determining the employee's new pay increase date, credit shall be given for the time served in the armed forces.

(b) The appointing authority shall grant one or more pay step increases to an eligible employee upon the employee's return from military leave if the authority is reasonably certain the employee would have received the increase had the employee been continuously employed and state service not interrupted by military leave. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-2947, as amended by 1995 SB 175, § 11; effective May 1, 1979; amended, E-81-14, June 12, 1980; amended May 1, 1981; amended May 1, 1985; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended May 1, 1987; amended March 20, 1989; amended, T-1-7-27-89, July 27, 1989; amended Nov. 20, 1989; amended Dec. 17, 1995.)

1-5-12. (Authorized by K.S.A. 1995 Supp. 75-3747; implementing K.S.A. 1995 Supp. 75-2938 and K.S.A. 75-3746; effective May 1, 1979; amended, E-81-14, June 12, 1980; amended May 1, 1981; amended May 1, 1984; amended May 1, 1987; amended Dec. 17, 1995; amended May 31, 1996; revoked Oct. 24, 1997.)

1-5-13. Pay of employee promoted to a higher class. (a) When an employee in the classified service is promoted or the employee's position is reallocated to a higher class, the appointing authority shall pay the employee on one of the following steps:

(1) the same step of the pay grade for the new class as the step on which the employee was being paid in the lower class;

(2) any lower step of the pay grade for the new class that gives the employee an increase in pay;

(3) the step for new hires in the class when a higher step in the pay grade has been established as the starting pay pursuant to K.A.R. 1-5-8; or

(4) a higher step in the pay grade, if the employee to be promoted has exceptional qualifications. Exceptional qualifications shall be based on the employee's education, training, experience, skills, and other qualifications directly related to the duties of the position to which promoted.

(b) Nothing in this regulation shall authorize pay above the maximum step of the pay grade.

(c) Each employee who is promoted or whose position is reallocated to a higher class shall receive step increases in accordance with the following provisions.

(1) A pay step increase shall be given on the same date, if eligible for such an increase.

(2) The pay increase date shall be governed by the time-on-step requirement of the step to which promoted.

(d) In a manner prescribed by the director, the appointing authority shall report to the director all hires made by the appointing authority pursuant to paragraph (a) (4) of this regulation. (Authorized by K.S.A. 1996 Supp. 75-3747; implementing K.S.A. 1996 Supp. 75-2938, K.S.A. 1996 Supp. 75-2938a, and K.S.A. 75-3746; effective May 1, 1979; amended, E-81-14, June 12, 1980; amended May 1, 1981; amended May 1, 1983; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended May 1, 1987; amended, T-89-1, May 1, 1988; amended Oct. 1, 1988; amended March 20, 1989; amended Dec. 17, 1995; amended Oct. 24, 1997.)

1-5-14. Pay of employee upon transfer. (a)(1) Any employee who is transferred may be paid on the same step as the step on which the employee was paid before the transfer.

(2) Any employee may transfer to a lower step within the pay grade, if this transfer is agreed upon by the employee and the appointing authority.

(3) If an employee is transferred to a trainee class with an abbreviated pay grade in lieu of layoff, the employee may be paid at the employee’s present rate of pay if the rate of pay does not exceed the maximum pay rate for the pay grade to which the trainee class is assigned.

(b) For each employee whose pay is determined under subsection (a), the length of time that the employee has spent on the previous step shall count toward the time-on-step requirement for computing the employee’s pay increase date.

(c) If an employee transfers from one position to another position within the same agency, the appointing authority may pay the employee at a higher step on the pay grade than the step on which the employee was paid before the transfer if the appointing authority determines that the increase is in the best interests of the state. Nothing in this regulation shall authorize pay above the maximum step of the pay grade. The employee’s pay increase date shall be governed by the time-on-step requirement of the new step.

(d) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75 3747; implementing K.S.A. 75 2938 and 75 3746; effective May 1, 1979; amended, E 81 14, June 12, 1980; amended May 1, 1981; amended May 1, 1987; amended Dec. 17, 1995; amended Sept. 18, 1998; amended June 5, 2005.)

 

1-5-15.  Pay of employee upon demotion. (a) Each employee who is demoted, in accordance with applicable regulations, whether voluntarily or for disciplinary reasons, shall be paid at the same step of the pay grade for the lower class as the step on which the employee was being paid in the higher class, or at any higher step that results in a decrease in the rate of compensation, except as specified in subsection (b).

(b) Any employee accepting a voluntary demotion may be paid at a step of the new pay grade that does not result in a decrease in rate if the action is in the best interest of the state service, except that the employee’s rate of pay shall not exceed the maximum pay rate for the new pay grade.

(c) Nothing in this regulation shall prevent a demotion being made to a step in the pay grade lower than permitted by this regulation, if agreed upon in writing by the employee and appointing authority. However, if an employee with permanent status is promoted and, subsequently, is demoted pursuant to K.S.A. 75 2944, and amendments thereto, the employee shall be paid on a step that is no lower than the same step of the pay grade for the lower class as the step that the employee was on immediately before the promotion.

(d) An employee who takes a voluntary demotion may also receive a pay step increase on the same date if the employee is eligible for this increase.

(e) The pay increase date for any employee demoted for disciplinary reasons shall be governed by the time on step requirement of the step to which demoted. The pay increase date for any employee who takes a voluntary demotion shall be unchanged if the employee did not receive a pay step increase on the date of the demotion.

(f) The provisions of K.A.R. 1 5 10, rather than this regulation, shall apply when a former permanent employee who was separated from the service for more than 30 days is reinstated to a class with a lower pay grade.

(g) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75 3747; implementing K.S.A. 75 3707 and 75-3746; effective May 1, 1979; amended, E 81 14, June 12, 1980; amended May 1, 1981; amended May 1, 1983; amended, T 86 17, June 17, 1985; amended May 1, 1986; amended May 1, 1987; amended March 20, 1989; amended Jan. 6, 1992; amended Dec. 27, 1993; amended Nov. 21, 1994; amended Dec. 17, 1995; amended May 31, 1996; amended Sept. 18, 1998; amended June 5, 2005.)
 

1-5-16. Pay of employee in position reallocated to a lower class. (a) An employee whose position is reallocated to a class with a lower pay grade, and who is placed in the reallocated position as provided in K.A.R. 1-4-8, may continue to be paid by the appointing authority at the current pay rate (dollar amount) if that rate is on a step in the lower pay grade. In no case shall an employee be paid above the maximum step of the lower pay grade.

(b) The appointing authority may set the pay at a lower step than permitted by this regulation, except that the employee shall not be paid at less than the same step of the pay grade for the lower class as the step that the employee was on immediately prior to the reallocation.

(c) The length of time the incumbent has spent on the step of the previous pay grade shall count toward the time-on-step requirement for computing the pay increase date. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-2938, as amended by 1995 SB 175, § 4, K.S.A. 1994 Supp. 75-2938a, and K.S.A. 75-3746; effective May 1, 1979; amended, E-81-14, June 12, 1980; amended May 1, 1981; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended May 1, 1987; amended Dec. 17, 1995.)

1-5-17. Reserved for future use.

1-5-18. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)

1-5-19. (Authorized by K.S.A. 1980 Supp. 75-3747; implementing K.S.A. 1980 Supp. 75-2938; effective May 1, 1979; amended May 1, 1981, revoked May 1, 1983.)

1-5-19a. (Authorized by K.S.A. 1981 Supp. 75-3747; implementing K.S.A. 1981 Supp. 75-2938; effective May 1, 1983; revoked, T-86-17, June 17, 1985; revoked May 1, 1986.)

1-5-19b. Individual pay step increases. (a) Each employee whose latest performance review rating in the preceding 12-month period is at least satisfactory shall receive a pay step increase as provided by subsections (b) and (c) of this regulation, except as otherwise ordered by the governor.

(b) Each employee who is on the minimum step or the second step of a pay grade shall receive a one-step pay increase after six full months on that step of the pay grade.

(c) Each employee who is on the third step of a pay grade or any higher step, except the maximum step, shall receive a one-step pay increase after 12 full months on that step of the pay grade.

(d) This regulation shall take effect on and after February 4, 2001. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-2938; effective May 1, 1983; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended May 1, 1987; amended, T-1-7-27-89, July 27, 1989; amended Nov. 20, 1989; amended Dec. 17, 1995; amended May 25, 2001.)

1-5-19c. Effect of pay grade changes on pay. (a) If the governor has assigned a class of positions to a higher pay grade, the appointing authority shall pay each employee in the class on one of the following steps:

(1) The same step of the pay grade for the new class as the step on which the employee was being paid in the lower class;

(2) any lower step of the pay grade for the new class that gives the employee an increase in pay; or

(3) the step on the pay grade of the new class that provides the same rate, in dollar amount, as the current rate paid to the employee.

(b) If the governor has assigned a class of positions to a lower pay grade, each employee in the class shall continue to be paid at the same rate, in dollar amount, as the rate paid to the employee immediately before the assignment to the new pay grade.

(c)(1) For those employees who receive an increase in pay under either paragraph (a)(1) or (a)(2), the pay increase date shall be governed by the time-on-step requirement of the new step.

(2) For those employees who did not receive an increase in pay under either paragraph (a)(3) or subsection (b), the length of time that the employee has spent on the step of the previous pay grade shall count toward the time-on-step requirement for computing the pay increase date. If the employee’s current salary is above the new pay grade, the employee shall not receive a salary increase until the employee’s rate of pay is less than the highest step of the new pay grade.

(d) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2938, 75-2938a, and 75-3707; effective May 1, 1983; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended May 1, 1987; amended, T-1-7-27-89, July 27, 1989; amended Nov. 20, 1989; amended Dec. 17, 1995; amended Oct. 24, 1997; T-1-1-30-01, Feb. 4, 2001; amended May 25, 2001; amended June 5, 2005.)

 

1-5-20. Individual pay decreases. (a) The appointing authority may reduce the pay of any employee one step because of a less than satisfactory rating according to the employee’s current performance review. Such a decrease shall not result in a pay rate below the minimum step of the pay grade. Approval of the director shall be required for more than one of these reductions in any 12-month period.

(b) Following a pay decrease, the employee's pay increase date shall be governed by the time-on-step requirement of the new step, except that the pay may be increased to the step from which it was reduced in any later payroll period, if the employee's subsequent rating is satisfactory.

(c) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-3707 and 75-3746; effective May 1, 1979; amended, E-81-14, June 12, 1980; amended May 1, 1981; amended May 1, 1982; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended May 1, 1987; amended Dec. 17, 1995; T-1-1-30-01, Feb. 4, 2001; amended May 25, 2001; amended June 5, 2005.)

1-5-21. Biweekly salary or hourly rates. Each exempt employee shall be paid a biweekly salary. Each non-exempt employee shall be paid an hourly rate as determined under K.S.A. 1994 Supp. 75-5515, and amendments thereto. (Authorized by K.S.A. 1994 Supp. 75-3747 and K.S.A. 75-5514; implementing K.S.A. 75-5506 and K.S.A. 1994 Supp. 75-5515; effective May 1, 1979; amended Dec. 17, 1995.)

1-5-22. Payment for two or more positions. (a) Each employee who is employed in two or more regular, part-time positions shall receive separate pay for the duties performed in each position. Except as provided in subsection (c), the percentage of time worked on all positions shall not exceed 100 percent.

(b) Each employee in multiple regular, part-time positions shall receive benefits commensurate with the total time worked on all regular, part-time positions.

(c) Any classified exempt employee may hold one or more additional unclassified exempt positions teaching or conducting research in a state educational institution without limit on total pay, if the appointing authority in the classified service certifies that the position does not detract from the time for which the employee is being paid as a classified exempt employee. (Authorized by K.S.A. 2001 Supp. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended May 1, 1983; amended Dec. 17, 1995; amended May 31, 1996; amended October 1, 1999; amended June 7, 2002.)

1-5-23. (Authorized by K.S.A. 1982 Supp. 75-3747; implementing K.S.A. 1982 Supp. 75-2938; effective May 1, 1979; amended May 1, 1983; revoked Dec. 17, 1995.)

1-5-24. Overtime. (a) Except as otherwise provided by statute or these regulations, employees of the state who are eligible to receive overtime compensation under the Fair Labor Standards Act of 1938 (FLSA), as amended, shall be compensated for overtime as provided in that act. State employees in agricultural positions shall also be eligible for overtime compensation. The final determination of eligibility to receive overtime as specified in this subsection shall be made by the director for all classified employees and all unclassified employees whose pay is subject to approval by the governor under K.S.A. 75-2935b and amendments thereto.

(b) (1) The rate at which any eligible employee is to be compensated for overtime worked shall be one and a half times the employee's regular rate of pay. This rate shall not include premium pay for holidays worked or any call-in and callback compensation paid for hours not actually worked.

(2) All employees who are eligible for overtime compensation and who were paid for overtime during the 12 months preceding the receipt of a longevity bonus payment or a quality award bonus payment, shall receive an additional overtime payment, which shall be calculated as follows:

(A) Divide the bonus pay by total hours worked in the preceding 12 months to obtain the increase in the regular rate; and

(B) multiply the increase in the regular rate by the number of overtime hours paid in the preceding 12 months; then, multiply that product by one-half. The result shall be the employee's additional overtime pay.

No additional overtime pay shall be due for any overtime hours worked during the preceding 12 months for which compensatory time was given under subsection (e).

(c) Each appointing authority shall be responsible for control of overtime in the agency. Overtime, to the extent possible, shall be authorized in advance by the responsible supervisor.

(d) (1) Except as provided in paragraph (d) (3), in determining whether an employee in a position or class determined to be eligible for overtime pay has worked any overtime in a given workweek or work period, only time actually worked shall be considered.

(2) The number of hours of paid leave used in an employee's workweek or work period that, when added to the number of hours actually worked in that employee's workweek or work period, exceeds the applicable overtime threshold shall be compensated in the following manner:

(A) given as equivalent time off as specified in subsection (f); or

(B) paid at the hourly rate of pay.

(3) If all of the following conditions are met, an official state holiday may be

counted as time worked for employees in positions that have been determined to be eligible for overtime compensation:

(A) The employee is asked to report to work in order to respond to a building, highway, public safety, or other emergency, as determined by the appointing authority.

(B) this work is performed outside the employee's normal work schedule for the

workweek or work period that includes the official state holiday.

(C) the appointing authority authorizes inclusion of that official state holiday in

calculating time worked by the employee.

The appointing authority shall report to the director the name and position number of each employee for whom the state holiday will be counted as time worked.

(e) (1) (A) In lieu of paying an eligible employee at the time-and-a-half rate for overtime worked, an appointing authority may elect to compensate an employee for overtime worked by granting compensatory time off, at the rate of one and a half hours off for each hour of overtime worked, at some time after the workweek or work period in which the overtime was worked if the conditions of paragraph (e) (1) (B) are met.

(B) Any appointing authority may elect to compensate an employee for overtime worked by granting compensatory time off only if an agreement or understanding has been reached before the performance of the work. Except as provided in 29 C.F.R. 553.23(b), the agreement or understanding concerning compensatory time off shall be between the appointing authority and the individual employee and a record of its existence shall be maintained for each employee. The agreement or understanding to provide compensatory time off may take the form of an express condition of employment if the employee knowingly and voluntarily agrees to it as a condition of employment and if the employee is informed that the compensatory time earned may be preserved, used or cashed out in a manner consistent with the provisions of this regulation. The appointing authority of any agency that had a regular practice of awarding compensatory time off in lieu of overtime pay before April 15, 1986 shall be deemed to have reached an agreement or understanding with any employee who has been continuously employed by that agency in one or more positions that are eligible for overtime from a date before April 15, 1986.

(2) An eligible employee shall not accrue more than 240 hours of compensatory time for overtime hours worked. Each eligible employee who has accrued 240 hours of compensatory time off shall, for any additional overtime hours of work, be compensated with overtime pay. However, an appointing authority may establish a lower maximum accumulation for employees in that agency.

(3) If an eligible employee is paid for accrued compensatory time off, this compensation shall be paid at the regular rate earned by the employee at the time the employee receives the payment.

(4) (A) Except as provided in K.A.R. 1-9-14 (a), each eligible employee who has accrued compensatory time off authorized under this subsection shall, upon termination of employment or upon promotion, demotion, or transfer to another state agency, be paid for the unused compensatory time at a rate of compensation not less than the higher of either of the following rates:

(i) the average regular rate received by the eligible employee during the last three years of the employee's employment; or

(ii) the final regular rate received by the eligible employee.

(B) Any longevity or quality award bonus payments received during the last three years of employment shall be included in determining the average regular rate and the final regular rate specified in paragraph (e)(4) (A).

(5) (A) Each eligible employee who has accrued compensatory time off authorized under this subsection, and who has requested the use of compensatory time, shall be permitted by the appointing authority to use this time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the agency.

(B) Each employee who has accrued compensatory time and whose FLSA status is changed to exempt, shall be granted the compensatory time off, paid for the entire amount, or provided a combination of both compensatory time off and pay, so that there is no remaining compensatory time balance before the employee’s status changes to exempt.

(C) Each employee who has accrued compensatory time off under this subsection may be required by the appointing authority to use the compensatory time within a reasonable period after receiving notice of this requirement. The notice shall state the length of time in which a specified number of hours of compensatory time are to be used.

(f) When an employee who is eligible for overtime works additional time that could result in overtime hours, that employee's appointing authority may give the employee equivalent time off, on an hour-for-hour basis, in the workweek or work period in which the additional time is worked if any of the following conditions is met:

(1) The appointing authority notifies the employee of the change in the employee's normal work schedule for that workweek or work period at least five calendar days in advance of the day in which the employee's normal work schedule is first changed.

(2) The appointing authority has established a written policy stating that the employee may be required to take equivalent time off, on an hour-for-hour basis, in the workweek or work period in which additional time is worked.

(3) The employee requests or agrees to take equivalent time off during the workweek or work period in which additional time was worked, and the appointing authority determines that this arrangement is not detrimental to the operations of the agency.

In any case, the equivalent time off shall be taken at a time agreeable to the appointing authority during the workweek or work period in which the additional time is worked.

(g) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-3706, K.S.A. 2004 Supp. 75-3747, K.S.A. 75-5507, and 75-5514; implementing K.S.A. 75-2938, 75-3707, 75-3746, 75-5508, K.S.A. 2004 Supp. 75-5537, and 75-5541; effective May 1, 1979; amended May 1, 1981; amended May 1, 1982; amended May 1, 1983; amended, T-86-17, June 17, 1985; amended, T-86-36, Dec. 11, 1985; amended May 1, 1986; amended, T-87-11, May 1, 1986; amended May 1, 1987; amended, T-1-7-27-89, July 27, 1989; amended Nov. 20, 1989; amended Dec. 27, 1994; amended Dec. 17, 1995; amended May 31, 1996, amended Sept. 1, 2000; June 5, 2005.)

 

1-5-25. Call-in and call-back pay. (a) An appointing authority may call an employee in to work on a regular day off or may call an employee back to work after a regular work schedule. Except as provided in subsection (b), employees of the state who are eligible to receive overtime pursuant to K.A.R. 1-5-24, and who are called in to work on a regular day off or are called back to work after a regular work schedule, shall be paid at the appropriate rate of pay for the hours worked. Except as noted below, such employees shall be paid for a minimum of two hours. The minimum of two hours shall not apply if the employee was on stand-by when called in or called back, nor shall it apply if the employee was called in or called back during the two hour period immediately prior to the beginning of the employee's next regularly scheduled work shift. Only the hours actually worked shall be credited in determining eligibility for overtime compensation.

(b) The head of each agency with employees engaged in law enforcement and firefighting activities as defined in 29 C.F.R. 553, shall determine whether such employees will be eligible for call-in and call-back pay as provided in this regulation and shall submit a written statement regarding such determination to the director. The determination as to eligibility for call-in and call-back may be modified by the secretary upon recommendation of the director. (Authorized by K.S.A. 75-3747, as amended by 1985 HB 2125; effective May 1, 1979; amended, T-86-17, June 17, 1985; amended May 1, 1986.)

1-5-26. Stand-by compensation. (a) Any appointing authority may require a non-exempt employee to be on stand-by. "Stand-by time" means a period of time outside a non-exempt employee's regularly scheduled work hours, during which the non-exempt employee is required, at agency direction, to remain available to the agency within a specified response time. Each non-exempt employee on stand-by shall be available at agency direction for recall to perform necessary work. Stand-by assignments shall be limited to work situations where a probability of emergency recall of a non-exempt employee or employees exists. When an employer is able to contact employees by means of a paging device, the employer shall establish a policy stating whether such employees are eligible for stand-by compensation.

(b) Except as provided in subsection (f), each non-exempt employee shall be compensated at the rate of one dollar per hour for each hour the employee serves on stand-by status.

(c) Each non-exempt employee on stand-by who is called in to work shall be compensated for the actual hours worked at the appropriate rate of pay, but shall not be paid stand-by compensation for the hours actually worked. Only the hours actually worked by the non-exempt employee shall be credited in determining eligibility for overtime compensation.

(d) Time during which a non-exempt employee is restricted to a particular telephone number at a location designated by the employer, or to the employer's premises, in order to remain personally available to the employer shall be considered hours worked and the employee shall be compensated at the employee's regular rate of pay instead of receiving stand-by compensation.

(e) Any non-exempt employee on stand-by, or who is subject to the provisions of subsection (d), who is not available when called, and who does not present reasonable justification for failure to report when called, shall lose compensation for that stand-by period and may be subject to disciplinary action.

(f) The head of each agency with employees engaged in law enforcement and firefighting activities as defined in 29 C.F.R. 553, as in effect on July 1, 1994, shall determine whether those employees will be eligible for stand-by compensation as provided in this regulation and shall submit a written statement regarding that determination to the director. The determination as to eligibility for stand-by compensation may be modified by the secretary upon recommendation of the director. (Authorized by K.S.A. 1995 Supp. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended May 1, 1985; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended May 31, 1996.)

1-5-27. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Jan. 6, 1992.)

1-5-28. Shift differential. (a) Each agency having multi-shift operations shall designate one or more shifts as a normal day shift. Each agency shall specify no more than 12 consecutive hours in the day from which normal day shifts may be designated. Each normal day shift shall fall entirely within those designated hours.

(b) Except as provided in subsection (e), a shift differential shall be paid to classified employees in positions eligible to receive overtime pursuant to K.A.R. 1-5-24 for hours worked on regularly established shifts other than the normal day shift or shifts. The shift differential shall not be paid to an employee for any time the employee is on any type of leave or holiday or when the employee works unscheduled hours before or after a normal day shift.

(c) Upon recommendation of the secretary, the amount of the shift differential shall be that amount set by executive directive of the governor. The amount shall be recommended by the secretary after consideration of pay survey data and other appropriate and relevant factors, which shall be reviewed at least annually.

(d) With regard to particular classes of employees, or particular agencies, or employees located in particular geographic areas of the state, a recommendation to extend or deny the shift differential authorized by this regulation may be submitted by the director of personnel services to the secretary. This extension or denial shall be effective when approved by executive directive of the governor.

(e) The head of each agency with employees engaged in law enforcement and fire fighting activities, as defined in 29 C.F.R. 553, as in effect on July 1, 1994, shall determine whether such employees will be eligible for shift differential as provided in this regulation and shall submit a written statement regarding such determination to the director. The determination as to eligibility for shift differential may be modified by executive directive of the governor. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-3746, and K.S.A. 75-2938, as amended by 1995 SB 175, § 4; effective, E-81-14, June 12, 1980; effective May 1, 1981; amended May 1, 1982; amended May 1, 1983; amended May 1, 1985; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended January 6, 1992; amended July 26, 1993; amended Dec. 17, 1995.)

1-5-29. Longevity bonus pay. (a) Upon completion of 10 years of length of service, each classified employee in a regular position shall be eligible for longevity bonus pay.

(b) The longevity bonus payment for each eligible employee shall be computed by multiplying $40 by the number of full years of state service, not to exceed 25 years.

(c) Longevity bonus pay shall increase the regular rate applying to overtime pay for hours worked during the 12 months preceding the date the longevity bonus is paid to the employee and shall be considered in calculating the payment of compensatory time to an employee upon termination as provided in K.A.R. 1-5-24. (Authorized by K.S.A. 75-5541 implementing K.S.A. 75-5541 and K.S.A. 75-2943; effective, T-1-7-27-89, July 27, 1989; effective Nov. 20, 1989; amended, T-1-9-19-94, Sept. 19, 1994; amended Nov. 21, 1994; amended Dec. 17, 1995; amended June 7, 2002.)

 

1-5-30. Benefits for employees activated to military duty. (a) Each employee who is ordered to report for active military service upon the activation of the National Guard and reserve units by presidential order, or who volunteers for this active duty, shall be eligible for the following benefits:

(1) The employee shall continue to accrue length of service, but shall not accrue vacation or sick leave. Upon return to work, the employee's vacation leave accrual rate shall be increased to the appropriate level if the length of service the employee accrued while on military leave qualifies the employee for a higher accrual rate.

(2) A death benefit shall be payable if the employee dies while on active military duty. The death benefit shall be in an amount equal to the amount provided by the group term life insurance through the Kansas public employees retirement system that the employee would have received at the time of death if the employee had not been on active duty. The employing state agency at the time the employee entered active duty shall pay the death benefit. The death benefit shall be paid to the employee's beneficiary or beneficiaries, as designated on forms approved by the director of personnel services. If no beneficiary has been designated, the death benefit shall be paid to the estate of the employee. The provisions of this paragraph shall be applicable to each state employee who meets the following conditions:

(A) Immediately before entering active duty, was eligible for the insured death benefit provided under K.S.A. 74-4901 et seq., and amendments thereto, and funded by the employing agency; and

(B) would not, at the time of death, be eligible for the death benefit described under paragraph (a)(2)(A).

(b) This regulation shall not apply to federal active duty for training purposes.

(c) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-3706 and K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-3707 and 75-3746; effective, T-1-9-10-90, Sept. 10, 1990; effective Jan. 7, 1991; amended Jan. 6, 1992; amended Dec. 17, 1995; amended June 5, 2005.)

Article 6 - Recruiting and Staffing

Recruiting and Staffing

1-6-1. Registration for employment. Each person seeking employment with the state shall register on forms prescribed by the director, and these forms may be submitted or updated at any time. Registering with the state shall not constitute applying for a vacancy. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-2944, as amended by 1995 SB 175, § 9, K.S.A. 75-2939, as amended by 1995 SB 175, § 5 and K.S.A. 75-2942 as amended by 1995 SB 175, § 7; effective May 1, 1979; amended May 1, 1981; amended Dec. 17, 1995.)

1-6-2. Recruitment. (a)(1) For each classified vacancy to be filled, the appointing authority shall post a job requisition on the central notice of vacancy report administered by the director, except as provided in subsection (b).

(A) Each job requisition posted on the central notice of vacancy report shall be open to applications from the following individuals:

(i) employees within the agency that is posting the job requisition;

(ii) persons in the reemployment pool; and

(iii) persons who separate from state service due to a permanent disability for which the employee receives disability benefits from either the Kansas public employee retirement system or the United States social security administration.

(B) The appointing authority may then determine whether recruitment will also be conducted among the following additional groups of individuals:

(i) all state employees and persons eligible for reinstatement; or

(ii) all state employees, persons eligible for reinstatement, and the general public.

(2) Notices of the vacancy shall be made available to all agency personnel offices. Appropriate and reasonable distribution within each agency shall be the responsibility of the appointing authority.

(3) The appointing authority, within guidelines established by the director, shall establish a period of time in which applications will be accepted for each vacancy.

(b) Notices of a vacancy shall not be required under any of the following conditions:

(1) A temporary position is to be filled.

(2) A position is to be filled by demotion or transfer.

(3) A position is to be reallocated.

(4) A governor’s trainee position is to be filled.

(5) The director determines that, for good cause, a notice is not in the best interests of the state.

(c) All job postings, announcements, and advertisements for vacancies in safety-sensitive positions as defined in K.S.A. 75-4362, and amendments thereto, or commercial driver positions as defined in K.A.R. 1-2-20, shall include a statement regarding the drug testing requirements set forth in K.A.R. 1-6-32, K.A.R. 1-6-33, K.A.R. 1-9-19a, and K.A.R. 1-9-25. (Authorized by K.S.A. 75-3706, K.S.A. 2005 Supp. 75-3747, and 75-4362; implementing K.S.A. 75-2939, 75-2942, 75-2943, 75-2944, 75-2945, 75-3707, 75-3746 and K.S.A. 2005 Supp. 75-4362; effective May 1, 1979; amended May 1, 1981; amended May 1, 1983; amended, T-1-10-28-88, Oct. 31, 1988; amended Dec. 18, 1988; amended April 13, 1992; amended Dec. 17, 1995; amended Aug. 1, 1997; amended June 5, 2005; amended Sept. 29, 2006.)

1-6-3. Filling vacancies. (a) For each classification, required selection criteria shall be established by the director concerning education, experience, age, physical requirements, character, and other factors that are related to ability to perform satisfactorily the duties of positions in the class. Each required selection criterion shall relate directly to the duties of positions in the class. Optional selection criteria may be established by the director for one or more classes, which may be designated by the appointing authority as preferred or required for particular positions in the classes.

(b) Each applicant certified to the pool of eligible candidates shall meet the required selection criteria for that class and position at the time of hire. If the required selection criteria for a class or position includes a degree requirement, any applicant who is expected to complete the degree requirement by the end of the current academic term may be certified to the pool of eligible candidates for that class or position and extended a conditional offer of employment. The applicant shall meet the degree requirement at the time of hire.

(c) Any agency may establish preferred selection criteria, in addition to those provided under subsection (a), in order to determine the capacity and fitness of each eligible candidate in the pool to perform the position's specific duties (Authorized by K.S.A. 2001 Supp. 75-3747; implementing K.S.A. 75-2939, K.S.A. 75-2943, and K.S.A. 75-2944; effective May 1, 1979; amended Dec. 17, 1995; amended June 7, 2002.)

1-6-4 to 1-6-5. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)

1-6-6.(Authorized by K.S.A. 1982 Supp. 75-3747; implementing K.S.A. 1982 Supp. 75-2944; effective May 1, 1979; amended May 1, 1983; revoked Dec. 17, 1995.)

1-6-7. Disqualification of applicants and candidates. (a) Any applicant or candidate may be disqualified by the director in the following circumstances. The director may refuse to assess an applicant or a candidate, or may refuse to place a candidate in the eligible pool, or may remove a candidate from the eligible pool when the applicant or candidate has been dismissed from employment with the state for delinquency or misconduct, or fails to furnish a complete application or any information requested by the director, or for any of the reasons stated in K.S.A. 75-2940.

(b) Whenever the director disqualifies an applicant or candidate from any part of the employment process, a statement of the reasons for the disqualification shall be provided by the director. The applicant or candidate shall be provided an opportunity to respond in writing or to appear before the director within 14 calendar days to provide cause why the action should not be taken.

(c) The applicant or candidate may request in writing, within 30 days from the date of the disqualification, a hearing before the civil service board to determine the reasonableness of the action. The board shall, within a reasonable period, grant the applicant or candidate a hearing. (Authorized by K.S.A. 1994 Supp.75-3747; implementing K.S.A. 75-2940, as amended by 1995 SB 175, § 6; effective May 1, 1979; amended May 1, 1981; amended May 1, 1983; amended Dec. 17, 1995.)

1-6-8. Selection instruments. (a) Each appointing authority shall develop selection instruments to fairly assess the capacity and fitness of applicants to perform the duties of the position in which employment is sought. Selection instruments may include ratings of training, experience, and other qualifications, written tests, performance tests, interviews, physical fitness tests, assessment center evaluations, medical examinations, or other selection procedures. In accordance with these regulations, the appointing authority shall be responsible for developing, maintaining, and validating selection instruments and shall make all selection instruments, procedures, records, or other selection materials available to the director upon request. Any agency, upon request, may be assisted by the director in developing, maintaining, and validating selection instruments. Selection instruments may also be developed, maintained, and validated by the director.

(b) Promotional selection instruments shall include, in addition to any or all of the selection instruments identified above, consideration of the applicant's performance and length of service.

(c) Subject to policies established by the appointing authority to protect the confidentiality of information obtained by using the selection instruments, the document or records containing this information may be inspected by the applicant.

(d) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2939, 75-2942, 75-2943 and 75-3746; effective May 1, 1979; amended Dec. 17, 1995; amended Aug. 1, 1997; amended June 5, 2005.)

1-6-9 to 1-6-15.(Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)

1-6-16. (Authorized by K.S.A. 75-3747 as amended by L. 1985, Ch. 276, Sec. 10; implementing K.S.A. 75-2942 as amended by L. 1985, Ch. 276, Sec. 4; effective May 1, 1979; amended, E-82-14, July 1, 1981; amended May 1, 1982; amended May 1, 1983; amended May 1, 1986; revoked Dec. 17, 1995.)

1-6-17. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)

1-6-18. (Authorized by K.S.A. 1983 Supp. 75-3747; implementing K.S.A. 1983 Supp. 75-2942, 75-2943, 75-3746, 75-2948, effective May 1, 1979; amended May 1, 1984; revoked Dec. 17, 1995.)

1-6-19 to 1-6-20. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked Dec. 17, 1995.)

1-6-21.  Candidates for regular positions.  (a)  For each vacancy in a regular position that is to be filled, the appointing authority shall hire from among those persons certified as eligible.  The pool of candidates certified as eligible to fill a vacant position may be used to fill one or more other vacancies in the same classification within 60 days of the last date on which applications are accepted for the first vacant position.

(b)  The selection criteria shall be job-related.  Each agency shall provide the candidates with equal consideration when applying the selection criteria.

(c)  Each veteran who meets the minimum requirements for a vacant position shall be offered an interview for that vacancy when all of the following conditions are met:

(1)  The vacancy is a regular position.

(2)  A  notice of vacancy, including  a notice of  an internal vacancy,  has been posted for that position in accordance with the provisions of K.A.R. 1-6-2.

(3)  No individuals who are eligible for the Kansas employee preference program have applied for that vacancy. 

(d)  The veterans’ preference set forth in subsection (c) shall not apply to any veteran who was dismissed or did not resign in good standing from state service.

(e)  For  the  purposes of  this regulation, “veteran” means any individual who is eligible for the veterans’ preference under the provisions of K.S.A. 75-2955, and amendments thereto.  (Authorized by K.S.A. 2002 Supp. 75-3747 and K.S.A. 75-2955; implementing K.S.A. 75-2943 and 75-2955; effective May 1, 1979; amended May 1, 1983; amended May 1, 1985; amended, T-1-9-19-94, Sept. 19, 1994; amended Nov. 21, 1994; amended Dec. 17, 1995; amended Aug. 1, 1997; amended June 7, 2002; amended Dec. 1, 2003.)

1-6-22. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 1994 Supp. 75-2935; effective May 1, 1979; amended May 1, 1983; amended Dec. 17, 1995; revoked Aug. 1, 1997.)

1-6-22a. Training classes. (a) Certain classes of positions may be designated by the director as training classes. Each person employed in a training class shall be in training status and not in probationary or permanent status. The training period served for each training class established as provided by this regulation shall be specified by written agreement between the director and the appointing authority of the agency in which the training class is used. If a specific training class is used by more than one agency, the duration of the training period served for that class shall be established by the director after consultation with all agencies that use the class.

(b) The appointing authority may dismiss a trainee at any time, except as follows.

(1) If a trainee was promoted from a classified position in which an employee held permanent status, the provisions in K.S.A. 75-2944, and amendments thereto, shall apply.

(2) If an employee who was demoted or transferred to a trainee position is terminated for reasons other than personal conduct, the employee shall be accorded the right to a position in the class in which the employee held permanent status immediately before the trainee position.

(c) The period served by an employee in a training class shall not be counted as part of the probationary period if the employee is subsequently employed in a regular position.

(d) Upon meeting the minimum qualifications for the applicable class and satisfactorily performing the job duties, responsibilities, and training requirements of the trainee position, each employee in a training class shall be placed in the applicable class as a probationary employee and serve a probationary period as established by K.A.R. 1-7-4. (Authorized by K.S.A. 75-3706 and K.S.A. 2005 Supp. 75-3747; implementing K.S.A. 75-3707 and 75-3746; effective Dec. 27, 1993; amended Nov. 21, 1994; amended Dec. 17, 1995; amended May 31, 1996; amended Sept. 18, 1998; amended Sept. 29, 2006.)

1-6-23. Reemployment. (a)(1) Except as provided in subsection (b), each employee who is laid off, or demoted or transferred in lieu of layoff, shall be placed in a reemployment pool by the director, unless the employee requests in writing to not be placed in the reemployment pool. Each employee in the reemployment pool shall be eligible to apply for any vacancy to be filled, including any internal vacancy, until the date the employee is reemployed or for three years from the date of the layoff, whichever occurs first.

(2) Each employee who is eligible for reemployment and who is also a veteran shall be offered an interview for any vacancy that meets all of the following conditions:

(A) The vacancy is for a regular position in the classified service.

(B) The vacant position is at the same pay grade or a lower pay grade than the pay grade at which the individual was paid at the time the individual received the notice of layoff.

(C) The employee meets the minimum requirements for the position.

(b)(1) Each individual who meets all of the following conditions shall be eligible for the Kansas employee preference program, as provided in this subsection:

(A) The individual received a written layoff notice in accordance with K.A.R. 1-14-9.

(B) The individual’s most recent performance rating before receiving the layoff notice was "meets expectations" or better.

(C) The individual was not suspended, demoted, or terminated pursuant to K.S.A. 75-2949, and amendments thereto, in the 12 months preceding the date on which the individual received the layoff notice.

(2) Each individual who qualifies under paragraph (b)(1) shall remain eligible for the Kansas employee preference program until any of the following events occurs:

(A) The individual is appointed to a classified or unclassified position that is eligible for benefits.

(B) An eligible individual who was laid off or is scheduled to be laid off from a regular position that was not eligible for benefits chooses to use the Kansas employee preference for any position, whether that position is eligible for benefits, and the individual then is appointed to that position.

(C) A period of 12 consecutive months has passed since the effective date of the layoff. Each individual who is eligible for the Kansas employee preference program but has not been reemployed under any of the circumstances identified in paragraph (b)(2)(A) or (b)(2)(B) at the end of that 12-month period shall remain eligible for reemployment as provided in subsection (a).

(D) The individual is suspended, demoted, or terminated pursuant to K.S.A. 75-2949, and amendments thereto, at any time after the individual becomes eligible for the Kansas employee preference program, but before the date on which the individual is actually laid off.

(3) Each individual who is qualified to receive a Kansas employee preference shall be eligible to apply for any vacancy that meets all of the following conditions:

(A) The vacancy is for a classified position that is eligible for benefits, except that when the individual who is eligible for the Kansas employee preference program was laid off from or has received a layoff notice for a regular position that is not eligible for benefits, the vacancy may be for any regular position in the classified service, whether the vacant position is eligible for benefits.

(B) The vacant position is at the same pay grade or a lower pay grade than the pay grade at which the individual was paid at the time the individual received the layoff notice.

(C) The vacant position to be filled is one for which a notice of vacancy will be posted in accordance with K.A.R. 1-6-2, including an internal vacancy.

(4) Upon receiving an application for the vacant position from an individual who is eligible for a Kansas employee preference, the appointing authority shall offer the position to the individual if the individual meets the minimum requirements for the position, subject to the following requirements:

(A)(i) If only one individual who is eligible for a Kansas employee preference applies for the position and is determined to meet the minimum requirements for the position, the appointing authority shall schedule an interview with the individual to provide the appointing authority with an opportunity to assess the employee’s ability to successfully perform the duties and responsibilities of the position and to provide the individual with an opportunity to determine whether the position is of interest to the individual.

(ii) Following the interview, the appointing authority shall offer the position to the individual, unless the director determines that the individual cannot successfully perform the duties and responsibilities of the position under paragraph (b)(4)(C).

(iii) The individual who is offered the position as provided in paragraph (b)(4)(A) shall inform the appointing authority whether the individual accepts or rejects the offer within two business days of the date on which the position is offered.

(B) If more than one individual who is eligible for a Kansas employee preference applies for the position and meets the minimum requirements for the position, the appointing authority shall apply additional, job-related selection criteria in accordance with K.A.R. 1-6-21 in considering the application of each of these individuals, subject to the following requirements:

(i) The appointing authority shall not be required to interview more than seven individuals, except that each individual who is a veteran shall be offered an opportunity for an interview.

(ii) After considering the additional, job-related selection criteria, the appointing authority shall offer the position to one of these individuals, except that the appointing authority shall not be required to offer the position to any individual who the director determines cannot successfully perform the duties and responsibilities of the position under paragraph (b)(4)(C).

(iii) Each individual who is a veteran shall be offered the position if that individual is determined to be equally qualified after applying the additional, job-related selection criteria.

(iv) The individual who is offered the position as provided in paragraph (b)(4)(B) shall inform the appointing authority whether the individual accepts or rejects the offer within two business days of the date on which the position is offered.

(C) If the appointing authority submits written documentation to the director and, based on the documentation, the director determines in writing that an individual who is eligible for the Kansas employee preference could not successfully perform the duties and responsibilities of the position, the appointing authority shall not be required to offer the position to that individual.

(c) For purposes of this regulation, "veteran" shall mean any individual who is eligible for a veteran’s preference pursuant to K.S.A. 73-201, and amendments thereto.

(Authorized by K.S.A. 75-2948 and K.S.A. 2014 Supp. 75-3747; implementing K.S.A. 75-2948; effective May 1, 1979; amended May 1, 1984; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended Dec. 27, 1993; amended Dec. 17, 1995; amended May 31, 1996; amended, T-1-4-1-03, April 1, 2003; amended July 25, 2003; amended Jan. 6, 2017.)

1-6-24. Transfer. (a) Any appointing authority may transfer any employee with permanent status in accordance with the following regulations.

(1) An employee with permanent status may be transferred from a duty station in one county to a duty station in another county with the consent of the secretary of administration or the written consent of the employee.

(2) Any appointing authority may accept, by transfer, any employee with permanent status employed in another agency.

(3) Any employee with permanent status, or any employee serving a probationary period because of a promotion, may be transferred from a position in one class to a position in a different class if both positions are allocated to classes which are assigned to the same pay grade, have a close similarity of duties, and have essentially the same qualifications, and if the employee meets the qualifications for the new class.

(4) Each employee with permanent status who is transferred from one position to another position shall retain permanent status in the new position.

(b) Any appointing authority may transfer an employee on probationary status from one position in a class to another position in the same class in the agency. An appointing authority may accept, by transfer, a an employee with probationary status employed in another agency, if the transfer is to a position in the same class. The probationary period of an employee transferred pursuant to this regulation shall be determined in accordance with K.A.R. 1-7-4.

(c) Approval of the employee shall not be required when a transfer within an agency, or between agencies, is made pursuant to this regulation.

(d) Each employee who is transferred from the unclassified service to a position in the classified service pursuant to the provisions of this subsection shall serve a probationary period in accordance with K.A.R. 1-7-4. (Authorized by K.S.A. 1995 Supp. 75-3747; implementing K.S.A. 1995 Supp. 75-2947, K.S.A. 75-3746; effective May 1, 1979; amended May 1, 1981; amended May 1, 1983; amended May 1, 1984; amended March 20, 1989; amended Dec. 17, 1995; amended May 31, 1996.)

1-6-25. Temporary positions. (a) Except as otherwise provided by law, any appointing authority may fill a temporary position with any person who meets the required selection criteria for the class and the position. Employment of a person in one or more temporary positions shall not exceed 999 total hours of employment in state service for a period of 12 consecutive months. If the duration of a temporary position is to be less than 999 hours, the maximum duration of the temporary position shall be indicated by the appointing authority. All time worked, including overtime, shall count towards the 999 hours. Each temporary appointment shall be ended no later than 12 months after its commencement, even if the appointee works fewer than 999 hours. Any person may occupy more than one temporary position in a period of 12 consecutive months, if the total number of hours of employment in state service does not exceed 999 hours.

(b) Time worked in one or more temporary positions shall not be counted as part of the probationary period if an individual is subsequently hired in a regular position. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-2945; effective May 1, 1979; amended May 1, 1981; amended, E-82-14, July 1, 1981; amended May 1, 1982; amended May 1, 1984; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended Dec. 17, 1995; amended October 1, 1999.)

1-6-26. (Authorized by K.S.A. 1983 Supp. 75-3747; implementing K.S.A. 1983 Supp. 75-2945; effective May 1, 1979; amended, E-82-14, July 1, 1981; amended May 1, 1982; amended May 1, 1984; revoked Dec. 17, 1995.)

1-6-26a. Limited-term positions. (a) "Limited-term position" means a position in the classified service that is scheduled to terminate within a predetermined period of time, as stipulated in grant specifications or other contractual agreements.

(b) Each individual in a limited-term position shall be notified at the time of hiring of the expiration date of the grant or contractual agreement. No employee with permanent status may be transferred to a limited-term position without the written consent of that employee. The end date of the position shall be entered on the employee's personnel record at the time of hiring.

(c) Each individual in a limited-term position shall be terminated on the end date of that position, subject to any extensions of the limited-term position. The termination of any employee who serves the full length of a limited-term position shall not be considered a layoff of that employee, and the provisions of K.S.A. 75-2948, and amendments thereto, and any regulations adopted under that statute shall not apply to the employee. (Authorized by K.S.A. 2001 Supp. 75-3747; implementing K.S.A. 75-3746 and 75-2948; effective June 7, 2002.)

1-6-27. Demotion. (a) Any employee with permanent status may be demoted to a position in a lower class if that position is in the same series of classes, or if the appointing authority determines that the employee can reasonably be expected to perform satisfactorily the duties of the position in the lower class. Each employee with permanent status who is demoted pursuant to this regulation shall be granted permanent status in the class to which demoted, effective on the date of the demotion.

(b) Each request for a voluntary demotion shall be subject to approval of the appointing authority. The employee shall not be entitled to appeal the voluntary demotion to the civil service board.

(c) The demotion of an employee with permanent status for unsatisfactory performance of duties, for disciplinary reasons, or for other good cause shall be managed in accordance with the appropriate procedures specified in K.S.A. 75-2944, K.S.A. 75-2949, K.S.A. 75-2949d, K.S.A. 75-2949e, and K.S.A. 75-2949f, and amendments thereto.

(d) An appointing authority may demote any new hire probationary employee or any probationary employee who was rehired on a basis other than reemployment or reinstatement to a class in a lower pay grade within the agency if the employee meets the qualifications for the lower class, if the employee can satisfactorily perform the duties of the lower class, and if the employee has consented. Each employee with probationary status who is demoted under this subsection shall start a new probationary period that shall be no fewer than six months in length.

(e) Each unclassified employee who is voluntarily demoted to a regular classified position shall serve a probationary period in accordance with K.A.R. 1-7-4.

(f) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 2004 Supp. 75-2949; effective May 1, 1979; amended May 1, 1983; amended May 1, 1984; amended Dec. 17, 1995; amended Aug. 1, 1997; amended June 5, 2005.)

1-6-28. Overlapping hires. (a) In filling a position that is not yet vacated by the incumbent, the agency may have the incumbent and the new employee on the position concurrently for a period not to exceed four weeks.

(b) When an employee is on extended leave, the appointing authority may fill the regular position. The agency shall notify the employee in writing at the time the employee is hired that the employee shall not obtain permanent status in the position, unless the employee on leave does not return or for some other reason it is possible and advisable to grant the new employee permanent status. The probationary period for the employee may be extended by the appointing authority without regard to limits on the duration of probationary periods established elsewhere in these regulations. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended Dec. 17, 1995.)

1-6-29. Acting assignments. (a) Any appointing authority may temporarily assign an employee who has permanent status to perform the duties of another position on the basis of an acting assignment if all of the following conditions are met:

(1)(A) The other position is vacant; or

(B) The incumbent in the other position is unable or unavailable to perform the duties of that position for 30 days or more.

(2) The appointing authority makes both of the following determinations:

(A) It is necessary to assign the duties of the other position to another employee until the vacancy is filled or the incumbent returns to work.

(B) There are no other viable alternatives to an acting assignment.

(3) The employee meets the qualifications of the other position.

(4) The acting assignment is made in accordance with the provisions of this regulation.

(b) The appointing authority shall initiate action to fill the position on a permanent basis, if the incumbent has permanently vacated the position. However, the appointing authority may delay filling the position because of a shortage of funds.

(c) Acting assignments shall not be used to generate a series of acting assignments for an employee.

(d) An acting assignment shall not exceed one year in length unless approved by the director. No acting assignments made pursuant to K.S.A. 75-4315a shall exceed 12 months in duration. Acting assignments shall not be retroactive. The acting assignment procedure shall not be used for a short duration, temporary assignment of an employee for fewer than 30 days.

(e) Documentation of the acting assignment shall be placed in the employee's permanent record.

(f)(1) If an employee is acting in a position assigned to a pay grade higher than that of the employee's normal position, the employee shall be paid at a step on the higher grade that gives the employee an increase in pay. Such an increase shall not exceed the highest step that would be possible if the employee was being promoted to the position. (2) When the acting assignment is terminated and the employee is returned to the former class, the employee's pay shall revert to whatever rate it would have been had the employee not received the acting assignment.

(3) Neither the employee's pay increase date nor the employee's status in the normal position shall be affected by an acting assignment.

(g)(1) If an employee is acting in a position assigned to the same pay grade as that of the employee's normal position, the appointing authority may compensate the employee at a higher step of the pay grade than the step on which the employee is paid in the employee’s normal position if the appointing authority determines the pay increase is in the best interests of the state. Nothing in this regulation shall authorize pay above the maximum step of the pay grade. The employee’s pay increase date shall be governed by the time-on-step requirement of the new step to which the employee is assigned under this subsection.

(2) When the acting assignment is terminated and the employee is returned to the former class, the employee’s pay shall revert to whatever rate it would have been had the employee not received the acting assignment.

(h) If an employee is acting in a position assigned to a pay grade lower than that of the employee’s normal position, the employee shall be paid at the employee’s normal pay rate.

(i) For the duration of any acting assignment, the employee may receive pay step increases in accordance with applicable pay step increase regulations.

(j) If the employee is promoted to a position in which the employee has served in an acting assignment, any accumulated months shall count towards the next pay step increase. The time served in the acting assignment may be credited towards the probationary period required for promotions.

(k) In a manner prescribed by the director, the appointing authority shall report to the director all acting assignments made by the appointing authority pursuant to this regulation.

(l) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-3706 and K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2938, 75-3707, 75-3746, and 75-4315a; effective May 1, 1979; amended May 1, 1983; amended May 1, 1984; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended May 1, 1987; amended Jan. 6, 1992; amended Dec. 17, 1995; amended Oct. 24, 1997; amended June 5, 2005.)

1-6-30. Reinstatement. Each employee with permanent status who separates from state service in good standing may for a period of one year from the date of separation apply for, and may be certified as a candidate for, any vacancies open to state employees only, and may be rehired as a reinstatement. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1983; amended Dec. 17, 1995; amended Sept. 18, 1998.)

1-6-31. Governor's trainee program. (a) Any agency may fill an existing vacancy under the governor's trainee program according to the provisions of this regulation.

(1) "Governor's trainee program" means a program to attract and utilize females, minorities, and persons with disabilities as defined in K.A.R. 1-2-34 in order to provide career development opportunities.

(2) "Underutilization" means a lower representation in a class or EEO job category in an agency organizational unit's workforce or the agency's workforce of females, minorities or persons with disabilities as defined in K.A.R. 1-2-34 than would be expected by their availability.

(3) An agency shall not create additional positions as a result of using the governor's trainee program.

(4) Governor's trainee program positions shall be created only from the following:

(A) vacancies arising out of attrition;

(B) vacancies created by the legislature; or

(C) vacancies created by actions taken pursuant to K.S.A. 75-2949.

(b) Each agency electing to fill a vacant position under the governor's trainee program shall first conduct an underutilization review to determine if underutilization exists in a class or EEO job category, or both, in the agency workforce or the agency organizational unit in which the vacancy exists.

(c) The agency shall submit information to the director regarding the vacant position and the data used in determining underutilization. When the director has verified underutilization, the agency shall be notified that the director has established a trainee classification and reallocated the position. The notice from the director shall include authorization for the agency to recruit persons who are members of the underutilized protected group or groups.

(d) After the close of the application period, the agency shall select, on a competitive basis, an applicant who:

(1) is a member of an underutilized protected group;

(2) will not, at the time of hiring, meet the required selection criteria for the regular class of the trainee position;

(3) will be able to meet the required selection criteria for the regular class within 24 months; and

(4) is deemed qualified to satisfactorily perform the duties of the trainee position.

(e) When the agency has selected a trainee for the position, the agency shall submit to the director:

(1) documentation that the trainee meets the requirements of subsection (d); and

(2) a copy of a proposed training and evaluation plan developed for the trainee that provides for regular assessments of the trainee's progress and communication of the assessments to the trainee.

(f) Each person hired as a governor's trainee shall be paid at two pay grades lower than the grade for the applicable regular class.

(g) The agency shall submit a progress report on each trainee to the director at least once each six months while the trainee is in training.

(h) When the trainee meets the required selection criteria for the applicable regular class, and receives a satisfactory performance rating for the job duties and responsibilities of the position, the trainee shall be promoted to the applicable regular class as a probationary employee. In no event shall the trainee be retained in a position under the governor's trainee program for less than six months or more than 24 months from the date of appointment.

(i) Each individual hired as a governor's trainee shall be eligible for the same rights and benefits as a person in a regular classified position who is on probationary status. If the governor's trainee was promoted or transferred from a classified position in which the employee held permanent status, rights normally associated with the promotion or transfer under K.S.A. 1995 Supp. 75-2944, as amended, and K.A.R. 1-6-24 shall apply. If the governor's trainee was demoted from a classified position in which the employee held permanent status, the trainee shall not be granted permanent status in the trainee position but shall be accorded the right to a position in the class in which the employee held permanent status. (Authorized by K.S.A. 1995 Supp. 75-3747; implementing K.S.A. 75-3746; effective March 20, 1989; amended Aug. 3, 1992; amended Dec. 17, 1995; amended May 31, 1996.)

1-6-32. Candidate drug screening test for safety-sensitive positions. (a) A drug test shall be administered to each candidate for a safety-sensitive position upon a conditional offer of employment for such a position.

(1) “Safety-sensitive position” shall be defined as provided in K.S.A. 75-4362 (g), and amendments thereto.

(2) “Conditional offer of employment,” for purposes of this regulation, means an offer that is contingent upon participating in the drug screening program established under K.S.A. 75-4362, and amendments thereto.

(b) If a candidate fails to participate in the required drug screening test or receives a confirmed positive result based upon a test sample obtained from the candidate, the following requirements shall apply:

(1) The conditional offer of employment shall be null and void.

(2) The candidate shall be disqualified from certification for safety-sensitive positions in accordance with K.S.A. 75-2940, and amendments thereto, and K.A.R. 1-6-7 for a period of one year from the effective date of the disqualification action.

(c) Each candidate who has been given a conditional offer of employment shall be informed of the provisions of subsection (b) in writing and shall sign a statement agreeing to participate in the test before the test is administered. Failure to accept this condition shall make the conditional offer of employment null and void.

(d) Each candidate required to submit to a drug screen shall be advised of all of the following aspects of the drug screening program:

(1) The methods of drug screening that may be used;

(2) the substances that may be identified;

(3) the consequences of a refusal to submit to a drug screening test or of a confirmed positive result; and

(4) the reasonable efforts to maintain the confidentiality of results and any medical information that are to be provided in accordance with subsection (j).

(e) Drug screening tests may screen for any substances listed in the Kansas controlled substances act.

(f) Any candidate who has reason to believe that technical standards were not followed in deriving a confirmed positive result may appeal the result in writing to the director within 14 calendar days of receiving written notice of the result.

(g) A retest by the original or a different laboratory on the same or a new specimen may be authorized only by the director, if the director determines that the technical standards established for test methods or chain-of-custody procedures were violated in deriving a confirmed positive result or if there is other appropriate cause to warrant a retest.

(h) If a candidate intentionally tampers with a sample provided for drug screening, violates the chain-of-custody or identification procedures, or falsifies test results, the conditional offer of employment shall be withdrawn. Any of these actions by a candidate shall be grounds for disqualification for all positions in state service in accordance with K.S.A. 75-2940, and amendments thereto.

(i) If the result of a drug screening test warrants disqualification action, a candidate shall be afforded due process in accordance with K.S.A. 75-2940, and amendments thereto and K.A.R. 1-6-7 before any final action is taken.

(j)(1) Individual test results and medical information shall be considered confidential and shall not be disclosed publicly in accordance with K.S.A. 75-4362, and amendments thereto. Each candidate shall be granted access to the candidate's information upon written request to the director.

(2) Drug screening test results shall not be required to be kept confidential in civil service board hearings regarding disciplinary action based on or relating to the results or consequences of a drug screen test.

(3) Each appointing authority shall be responsible for maintaining strict security and confidentiality of drug screening records in that agency. Access to these records shall be restricted to the agency’s personnel officer or a designee, persons in the supervisory chain of command, the agency’s legal counsel, the agency’s appointing authority, the secretary of administration or a designee, the department of administration’s legal counsel, and the director or a designee. Further access to these records shall not be authorized without the express consent of the director.

(k) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747 and 75-4362; implementing K.S.A. 75-2940 and K.S.A. 2004 Supp. 75-4362; effective, T-1-10-28-88, Oct. 28, 1988; effective Dec. 19, 1988; amended Feb. 19, 1990; amended April 13, 1992; amended Dec. 17, 1995; amended October 1, 1999; amended June 5, 2005.)

1-6-33. Candidate alcohol and controlled substances test for commercial driver positions. (a) The provisions of 49 C.F.R., Part 382, as in effect on May 1, 1995, and 49 C.F.R., Part 40, as in effect on February 15, 1994, and amendments to Part 40, as published in 59 Fed. Reg. 42,996 (1994), are hereby adopted by reference.

(b) Each candidate who has been given a conditional offer of employment for a commercial driver position shall be administered a controlled substances test.

(c) For purposes of this regulation, a "conditional offer of employment" means an offer of a commercial driver position that is contingent upon participating in the controlled substances testing program established under the federal omnibus transportation employee testing act of 1991, 49 U.S.C. Appx. § 2717.

(d) Each candidate who has been given a conditional offer of employment shall be informed of the provisions of subsections (c) and (g) of this regulation in writing and shall sign a statement agreeing to participate in the testing prior to administration of the tests. Failure to accept this condition shall make the conditional offer of employment null and void.

(e) The appointing authority shall advise each candidate required to submit to controlled substances testing of the following aspects of the testing program:

(1) the methods of controlled substances testing that may be used;

(2) the substances that may be identified;

(3) the consequences of a refusal to submit to a controlled substances test or of a confirmed positive result; and

(4) the reasonable efforts utilized by the state to maintain the confidentiality of results and any medical information that may be provided.

(f) Procedures and testing personnel used in collecting, analyzing, and evaluating test samples shall meet the standards established by the director in accordance with 49 C.F.R., Part 40.

(g) In the following instances, the conditional offer of employment shall be null and void, and the candidate shall be subject to disqualification from commercial driver positions in accordance with K.S.A. 75-2940 and K.A.R. 1-6-7 for a period of one year from the effective date of the disqualification action:

(1) the candidate fails to participate in the required controlled substances test;

(2) the candidate receives a confirmed positive controlled substances test result;

(3) the candidate refuses to provide written authorization to obtain information from prior employers as required by 49 C.F.R., 382.413; or

(4) the information obtained from a prior employer under 49 C.F.R., 382.413 indicates that, within the preceding two years, the following has occurred:

(A) the candidate violated any of the provisions of 49 C.F.R., Part 382, Subpart B; and

(B) the candidate failed to complete the requirements for returning to work under 49 C.F.R., 382.605, including an evaluation by a substance abuse professional, a return-to-duty alcohol test, controlled substances test or both, and completion of any rehabilitation or treatment program.

(h) In accordance with 49 C.F.R., 40.25(f)(10)(ii)(E), any candidate who receives a confirmed positive result on a controlled substances test may request a retest by the original or a different laboratory on the second half of the original specimen within 72 hours of being notified of the positive test result.

(i) Any candidate who intentionally tampers with a sample provided for controlled substances testing, violates chain-of-custody or identification procedures, or falsifies a test result shall have the conditional offer of employment withdrawn and shall be subject to disqualification for all positions in state service in accordance with K.S.A. 75-2940.

(j) If disqualification of a candidate is warranted under subsection (g) of this regulation, the appointing authority shall afford the candidate due process in accordance with K.S.A. 75-2940 and K.A.R. 1-6-7.

(k) (1) Individual results and medical information shall be considered confidential and shall not be disclosed publicly. Each candidate shall be granted access to the candidate's information upon written request to the director, in accordance with 49 C.F.R., 382.405.

(2) (A) Each agency shall be responsible for maintaining strict security and confidentiality of the alcohol and controlled substance testing records in that agency. Access to these records shall be restricted to the following individuals:

(i) the agency personnel officer, the agency appointing authority, the secretary of administration, the director, or any of their respective designees;

(ii) persons in the supervisory chain of command;

(iii) the agency legal counsel; or

(iv) the department of administration legal counsel.

(B) Further access to these records shall not be authorized without the express consent of the director. (Authorized by K.S.A. 1996 Supp. 75-3747; implementing K.S.A. 75-3746, K.S.A. 1996 Supp. 75-2940, and K.S.A. 75-3707; effective, T-1-1-26-95, Jan. 26, 1995; effective May 30, 1995; amended Dec. 17, 1995; amended June 20, 1997.)

Article 7 - Probationary Period and Employee Evaluation

Probationary Period and Employee Evaluation

1-7-1. (Authorized by K.S.A. 1981 Supp. 75-3747; implementing K.S.A. 1981 Supp. 75-2946, as amended; effective May 1, 1979; amended, E-82-14, July 1, 1981; revoked May 1, 1983.)

1-7-2.(Authorized by and implementing K.S.A. 1980 Supp. 75-2943; effective May 1, 1979; amended May 1, 1981; revoked May 1, 1983.)

1-7-3. Probationary period required. (a) The probationary period shall be considered as a working test of the employee's ability to perform adequately in the position to which the employee was hired. In order to aid the agency in developing efficient employees, the supervisor shall give reasonable instruction and training that may be required throughout the probationary period. Each appointing authority shall establish procedures so that any problems with probationary employees will be brought to the attention of the agency management for appropriate action before the end of the probationary period.

(b) Before the end of the probationary period, the appointing authority shall provide the director with results of a performance review for the employee. If the overall performance review rating given to a probationary employee before the end of the employee’s probationary period is unsatisfactory, the employee shall not be granted permanent status. The performance review ratings required by this subsection shall not be required to occur within the time period established in K.A.R. 1-7-10 (a)(3).

(c) Except as provided in K.A.R. 1-7-4, all new hires, promotions, and rehires shall be tentative and subject to a probationary period as authorized by K.A.R. 1-7-4. If the probationary period of an employee is to be extended as authorized by K.A.R. 1-7-4, the appointing authority, before the end of the probationary period, shall furnish the employee with a copy of the performance review stating that the probationary period is extended. Results of the performance review shall be provided to the director.

(d) Any probationary employee, other than an employee on probation due to a promotion from a position in which the employee had permanent status, may be dismissed by the appointing authority at any time during the probationary period.

(e) This regulation shall be effective on and after October 1, 2009. (Authorized by K.S.A. 75-3706 and K.S.A. 2008 Supp. 75-3747; implementing K.S.A. 75-2943, 75-2946, 75-3707, and 75-3746; effective May 1, 1983; amended May 1, 1984; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended Dec. 17, 1995; amended June 5, 2005; amended October 1, 2009.)

1-7-4. Duration of probationary period. (a) Each new hire and each rehire made on a basis other than reemployment or reinstatement who is employed in a regular position shall be subject to a probationary period of six months. This probationary period may be extended by the appointing authority for not more than six additional months if action to extend the probationary period is taken before the end of the original six-month probationary period. A probationary period of not more than 12 months may be established by the appointing authority if specific training or certification requirements for a position cannot be completed within six months.

(b) Each employee who is promoted shall be subject to a probationary period of not less than three months and not more than six months as determined by the appointing authority. However, a probationary period of not more than 12 months may be established by the appointing authority if specific training or certification requirements for a position cannot be completed within six months. Each employee with permanent status who serves a probationary period in accordance with this subsection shall retain permanent status throughout the probationary period.

(c) Each person rehired on the basis of reemployment shall have permanent status effective on the date of rehire.

(d) Each person rehired on the basis of reinstatement shall be subject to a probationary period of not less than three months and not more than six months as determined by the appointing authority.

(e) Time on leave with or without pay of more than 30 consecutive calendar days shall not count towards total time served on probation. The employee's probationary period shall be continued effective with the employee's return from leave until the total probation time served equals the time required for the position.

(f) Each employee with permanent status who is transferred from one agency to another, or transferred within the same agency, shall continue to have permanent status.

(g) If a probationary employee is transferred from one position in a class to another position in the same class or another class in the same pay grade, the transfer shall have no effect on the employee's probationary period. The probationary period may be extended by the appointing authority for not more than six additional months by giving written notice of the extension to the employee and director before the expiration of the original six-month probationary period.

(h) Each employee who is transferred, demoted, or promoted from any position in the unclassified service to a regular position in the classified service shall serve a probationary period of six months.

(i) Persons serving in temporary positions shall not be subject to a probationary

period.

(j) Each employee in a governor's trainee position or a position in a training classification shall be placed on probation for six months when promoted to the regular class at the end of the training period.

(k) This regulation shall be effective on and after October 1, 2009. (Authorized by K.S.A. 75-3706 and K.S.A. 2008 Supp. 75-3747; implementing K.S.A. 75-2943, 75-2946, 75-3707, and 75-3746; effective May 1, 1983; amended May 1, 1985; amended Dec. 27, 1993; amended Dec. 17, 1995; amended October 1, 2009.)

1-7-5. (Authorized by K.S.A. 75-3747, as amended by 1985 HB 2125; implementing K.S.A. 75-2946 and 1985 HB 2133; effective May 1, 1983; amended, T-86-17, June 17, 1985; amended May 1, 1986; revoked Dec. 17, 1995.)

1-7-6. Notices relating to probationary periods and extensions. (a) Before the expiration of each employee's probationary period, a performance review shall be completed and a rating shall be assigned, and the appointing authority shall notify the employee and the director in writing of one of the following:

(1) The employee has been dismissed or demoted.

(2) The probationary period is being extended, if extension is permissible under the provisions of K.A.R. 1-7-4.

(3) The employee is being given permanent status.

(b) If a probationary employee has not been notified in accordance with subsection (a) by the end of any probationary period, the employee shall be deemed to have been given permanent status. In case of dispute as to whether the employee was notified, a determination shall be made by the director. (Authorized by K.S.A. 75-3706 and K.S.A. 2008 Supp. 75-3747; implementing K.S.A. 75-2943, 75-2946, 75-3707, and 75-3746; effective May 1, 1983; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended May 1, 1987; amended Dec. 17, 1995; amended Sept. 25, 2009.)

1-7-7. Dismissal of probationary employee by director. The director may dismiss a probationary employee at any time during the employee's probationary period, after giving the employee notice and an opportunity to be heard, if the director finds that the employee was appointed as a result of a violation of the provisions of the act or these regulations. (Authorized by K.S.A. 75-3706 and K.S.A. 2008 Supp. 75-3747; implementing K.S.A. 75-2943, 75-2946, 75-3707, and 75-3746; effective May 1, 1983; amended Sept. 25, 2009.)

1-7-8,

1-7-9. Reserved for future use.

1-7-10. Performance reviews. (a) Each agency’s appointing authority shall implement the state performance management process that was developed in accordance with L. 2008, Ch. 159, Sec. 1 and shall ensure that performance reviews are conducted in accordance with this process for each employee in the classified service. The performance review shall be used to inform employees of their expected performance outcomes and to assess the effectiveness of each employee.

(1) The performance review of each employee shall be completed by the employee’s immediate supervisor or, if the employee’s immediate supervisor has not supervised the employee for at least 90 days, by another qualified person designated by the appointing authority. “Qualified person” shall mean a person who is familiar with the duties and responsibilities of the employee’s position and has significant knowledge of the job performance of the employee.

(2) A performance review shall be completed and a rating assigned at least annually in the manner required and on the forms prescribed by the director. An agency may add additional, job-related performance criteria and measures to the forms prescribed by the director, as determined by the appointing authority.

(3) Performance ratings for all permanent employees shall be assigned on an annual basis within the period beginning October 1 and ending December 31.

(4) Midyear reviews for all permanent employees shall be conducted on an annual basis within the period beginning April 1 and ending June 30.

(5) The appointing authority may conduct a special performance review rating for any employee at any time, unless prohibited under K.A.R. 1-14-8 due to pending layoffs.

(6) Each employee who receives an unsatisfactory rating on either of the essential requirements set out on the form prescribed by the director shall have an overall performance review rating of unsatisfactory.

(7) Each employee shall be given the opportunity to sign the employee’s performance review as evidence that the employee has been informed of the performance review rating. The employee’s signature shall not abridge the employee’s right of appeal if the employee disagrees with the rating. The failure of the employee to sign the performance review shall not invalidate the rating.

(b)(1) Any employee entitled to appeal a rating under K.A.R. 1-7-11 may do so within seven calendar days after being informed of the rating. After the period of seven calendar days for filing appeals has expired and if no appeal has been filed, the appointing authority or the authority's designee shall review the rating, make any changes deemed necessary, sign the performance review, place the entire original performance review in the employee's official personnel file, and provide a copy of the review to the employee. In addition, the appointing authority may provide copies to each reviewer if the appointing authority deems necessary.

(2) If the appointing authority makes any change in the rating or adds any comment on the performance review, the review shall be returned to the employee to be signed again, and the employee, if eligible to appeal the rating, shall again have seven calendar days to file an appeal to the appointing authority. The final results of the performance review shall be reported to the director.

(c) Subject to the provisions of K.S.A. 75-2949e and amendments thereto, two performance review ratings of less than meets expectations that are conducted within 180 days may be utilized as a basis for demotion, suspension, or dismissal of the employee.

(d) If the overall performance review rating assigned to a probationary employee at the end of the employee’s probationary period is unsatisfactory, the employee shall not be granted permanent status.

(e) This regulation shall be effective on and after October 1, 2009. (Authorized by K.S.A. 75-2943, K.S.A. 75-3706, and K.S.A. 2008 Supp. 75-3747; implementing K.S.A. 75-2943, 75-2949e, 75-3706, and 75-3746; effective May 1, 1983; amended May 1, 1984; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended, T-1-7-27-89, July 27, 1989; amended Nov. 20, 1989; amended Dec. 17, 1995; amended June 5, 2005; amended October 1, 2009.)

1-7-11. Employees entitled to appeal performance reviews. (a) Any employee who receives a performance rating that is lower than the highest possible rating may appeal that rating if the employee meets either of the following conditions:

(1) The employee has permanent status, including an employee with permanent status who is serving a probationary period due to a promotion.

(2) The employee is serving a probationary period due to a rehire on the basis of reinstatement.

(b) (1) If an action concerning the end of probationary status is dependent upon the performance review, the appeal committee may make a recommendation to the appointing authority concerning whether or not to grant permanent status to the employee. However, the appointing authority shall have the right to make the determination of whether or not to grant permanent status, subject to whatever limitations are imposed by the performance rating of the performance review prepared by the appeal committee.

(2) Notwithstanding the limits on the duration of probationary periods established elsewhere in these regulations, the appointing authority may extend the probationary period for a limited period of time as necessary to allow the appeal committee to prepare the final performance review. The total amount of time of this extension shall not exceed 60 calendar days.

(3) The appointing authority shall report to the director each extension of a probationary period made pursuant to this regulation.

(c) This regulation shall be effective on and after October 1, 2009. (Authorized by K.S.A. 75-2943, K.S.A. 75-3706, and K.S.A. 2008 Supp. 75-3747; implementing K.S.A. 75-2943, 75-2946, 75-3707, and 75-3746; effective May 1, 1983; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended Dec. 17, 1995; amended Oct. 24, 1997; amended June 5, 2005; amended October 1, 2009.)

1-7-12. Performance review appeal procedure. (a) (1) Each employee who is eligible to appeal a performance review under K.A.R. 1-7-11 may, within seven calendar days after the employee has been informed of the rating, submit an appeal in writing to the appointing authority.

(2) Within seven calendar days following receipt of the employee's written notice of appeal, the appointing authority shall have the option either to make any changes in the rating deemed appropriate or to appoint a committee of three or more persons to hear the appeal.

(3) If the appointing authority makes any change in the rating or adds any comments to the rating form, the rating form shall be returned to the employee to be signed again. The employee shall be informed that, if the employee disagrees with the revised performance review, the employee may, within seven calendar days, file an appeal in writing to the appointing authority. If the employee files an appeal of the revised review, the appointing authority shall, within seven calendar days following receipt of the employee's written notice of appeal, appoint a committee of three or more persons to hear the appeal.

(4) If an appeal committee is appointed to hear the appeal, persons shall be appointed who, in the appointing authority's judgment, will be fair and impartial in discharging their responsibilities. Before appointing the appeal committee, the appointing authority shall give the employee a reasonable opportunity for consultation on the matter of appointment of the appeal committee. The appeal committee shall not include the initial rater or raters. In general, the members of the appeal committee shall be officers or employees of the agency. However, the appointing authority may select one or more members of the committee from one or more other state agencies if the appointing authority determines that the objective of a fair and impartial hearing can best be served by doing so.

(b) (1) As soon as the committee has been appointed, the appointing authority shall notify the employee of the names of the members of the committee and the date, time, and place of the hearing.

(2) (A) Before the beginning of the hearing, the employee may object to any individual proposed to serve as a member of the committee in writing and shall include the reasons upon which the employee is basing the objection.

(B) The appointing authority shall make a determination either to deny the objection or to grant the objection and appoint another individual to the committee before the commencement of the hearing.

(C) The appointing authority shall inform the employee of the determination in writing.

(D) Each objection taken pursuant to this subsection and each determination regarding each objection shall be included as part of the documentation of the appeal.

(3) The appeal committee shall consider any relevant evidence that may be offered by the employee and the rater and shall make available to the employee any evidence that the committee may secure on its own initiative. The employee and rater shall have an opportunity to question any person offering evidence to the appeal committee. The appeal committee may limit the offering of evidence that it deems to be repetitious or irrelevant.

(4) Within 14 calendar days of the date the members of the committee were appointed, the committee shall prepare and sign a rating for the employee. That rating shall be final and not subject to further appeal. The appeal committee shall give the rating to the appointing authority, who, within five calendar days, shall provide copies to the employee and each person who originally rated the employee. The appeal committee shall report the rating to the director.

(5) If the appointing authority cannot appoint an appeal committee within the prescribed seven calendar days, the employee requests an extension of the time limit, or the appeal committee cannot make its rating within 14 calendar days of the date of its appointment, the appointing authority may extend these time limits for a reasonable period of time.

(c) This regulation shall be effective on and after October 1, 2009. (Authorized by K.S.A. 75-2943, K.S.A. 75-3706, and K.S.A 2008 Supp. 75-3747; implementing K.S.A. 75-2943, 75-3707, and 75-3746; effective May 1, 1983; amended, T-84-20, July 26, 1983; amended May 1, 1984; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended Dec. 17, 1995; amended June 5, 2005; amended October 1, 2009.)

1-7-13. (Authorized by K.S.A. 75-3747, as amended by 1985 HB 2125; implementing K.S.A. 75-2943, 75-2944, and 75-2949e, as amended by 1985 HB 2133; effective May 1, 1983; amended May 1, 1984; amended, T-86-17, June 17, 1985; amended May 1, 1986; revoked Dec. 17, 1995.) (Authorized by and implementing K.S.A. 1980 Supp. 75-2943; effective May 1, 1979; amended May 1, 1981; revoked May 1, 1983.)

Article 8 - Training and Career Development

Training and Career Development

1-8-1. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 31, 1996.)

1-8-2.  Orientation. (a) Each appointing authority shall be responsible for establishing and maintaining a program of orientation for new employees.

(b) Each orientation shall be relevant to each of the following:

(1) That agency’s mission, vision, and goals;

(2) the employee’s job responsibilities;

(3) employee benefits; and

(4) other aspects of the workplace pertinent to successful performance in the position.

(c) Any agency may supplement the orientation information required above with specific agency materials.

(d) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2925 and 75-3746; effective May 1, 1979; amended T-1-9-19-94, Sept. 19, 1994; amended Nov. 21, 1994; amended June 5, 2005.)

 

1-8-3. Training standards. Each appointing authority shall periodically assess, identify, and provide that agency’s employees with access to appropriate education and training to meet workforce development needs. This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2925 and 75-3746; effective May 1, 1979; amended June 5, 2005.)

 

1-8-4. Agency training records. Each appointing authority shall maintain training records and provide these records to the director upon request. This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2925, 75-2950, and 75-3746; effective May 1, 1979; amended June 5, 2005.)

 

1-8-5.This regulation shall be revoked on and after June 5, 2005. (Authorized by K.S.A. 1995 Supp. 75-3747, and K.S.A. 1995 Supp. 75-37,115; implementing K.S.A. 1995 Supp. 75-37,115; effective May 1, 1979; amended, T-1-9-19-94, Sept. 19, 1994; amended Nov. 21, 1994; amended May 31, 1996; revoked June 5, 2005.)

 

1-8-6. Leadership training programs. Each appointing authority shall develop and maintain a leadership program to provide supervisory training of an appropriate scope for each employee appointed to a supervisory position and for each employee currently working in a supervisory position in the agency. Each appointing authority shall provide access to training and opportunities for continuing education and development for each employee in a supervisory position. This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747 and 75-37,115; implementing K.S.A. 75-3746 and K.S.A. 2004 Supp. 75-37,115; effective May 1, 1979; amended May 1, 1983; amended May 1, 1984; amended May 1, 1985; amended T-1-9-19-94, Sept. 19, 1994; amended Nov. 21, 1994; amended Dec. 17, 1995; amended October 1, 1999; amended June 5, 2005.)

1-8-7. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended May 1, 1983; amended Aug. 3, 1992; revoked May 31, 1996.)

Article 9 - Hours; Leaves; Employee-Management Relations

Hours; Leaves; Employee-Management Relations

1-9-1.  Hours of work. (a) The standard workweek for each full-time employee shall be 40 hours during a given seven-day workweek.

(b)(1) Any agency head may submit a request for a deviation from the standard workweek in subsection (a) for particular classes of employees in writing to the director. Any such deviation shall be subject to approval by the secretary upon recommendation of the director.

(2) Appointing authorities shall not be required to designate a deviation from the standard workweek established in paragraph (1) of this subsection for exempt positions.

(c) It shall be a condition of employment with the state that each employee is required to work the number of hours per day and the number of days per workweek or work period specified for the employee's position, except when on authorized leave.

(d) Each exempt employee shall be paid on a salary basis in which the salary of the exempt employee is established to cover the hours required to complete the job. Each exempt employee shall be considered to be in pay status except for the following periods of time:

(1) full days of leave without pay;

(2) full workweeks of leave without pay due to a suspension; or

(3) one or more full days of leave without pay due to a suspension imposed in good faith for violation of workplace conduct rules or for an infraction of a safety rule of major significance.

Exempt employees may be required to use available vacation or sick leave or other paid leave, as appropriate, and shall be required to obtain authorization for absences in the form and at the time prescribed by the employee's appointing authority. Leave for employees in exempt positions shall be administered in accordance with the provisions of K.A.R. 1-9-20.

(e) The appointing authority may require each employee to work those hours that are necessary for the efficient conduct of the business of the state.

(f) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-3746, 75-5505, and 75-5515; effective May 1, 1979; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended Dec. 17, 1995; amended June 5, 2005.)

 

1-9-2.  Holidays. (a) The following days shall be legal holidays for the state service: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, and Christmas Day. When one of these legal holidays falls on a Saturday, the preceding Friday shall be the officially observed holiday for state employees. When one of these legal holidays falls on a Sunday, the following Monday shall be the officially observed holiday for state employees.

(b) (1) The governor may designate, in a particular year, additional days on which state offices are to be closed in observance of a holiday or a holiday season. For the purpose of this regulation, such a day shall be deemed a legal holiday.

(2) 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.

(3) The governor may designate a discretionary holiday for observance of a holiday or other special day without closing state services. Each eligible employee shall receive the number of hours equal to the number of hours that employee is regularly scheduled to work, for a discretionary holiday. All hours for a discretionary holiday shall be taken on the same day.

(c)(1) 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.

(2) Each full-time employee who is required to work on a legal holiday or on an officially observed holiday shall be awarded holiday credit in addition to any holiday compensation available under subsection (d). The appointing authority shall determine whether the holiday credit will be in the form of pay or paid time off to be used at a later time.

(d) Any appointing authority may require some or all employees to work on a legal holiday, an officially observed holiday, or both.

(1) Each full-time, nonexempt employee who is required to work on a legal holiday or on an officially observed holiday shall receive holiday compensation in addition to the employee's regular pay for the pay period. “Holiday compensation” means either pay or holiday compensatory time at a time-and-a-half rate for those hours worked on a holiday. The appointing authority shall determine whether the compensation for this holiday work will be in the form of pay or holiday compensatory time.

(2) The appointing authority shall make the following determinations for each exempt employee required to work on a holiday:

(A) Under what conditions the employee will be required to work;

(B) whether or not the employee will receive holiday pay or holiday compensatory time in addition to the employee's regular salary; and

(C) the rate at which any holiday pay or holiday compensatory time will be paid.

(3) Exempt employees shall take holiday compensatory time only in either half-day or full-day increments.

(e) Hours worked on a holiday by a nonexempt employee that result in overtime hours during that workweek or work period shall be compensated pursuant to K.A.R. 1-5-24 for those holiday hours worked on the holiday and an additional half-time rate for the resulting overtime hours.

(f) If a legal holiday is preceded or followed by an officially observed holiday, each employee shall receive holiday credit for only one of the two days. Each full-time employee who is required to work on both the legal holiday and the officially observed holiday shall receive holiday compensation for only one of the two days. If the number of hours worked on the two days is not the same, the employee shall receive holiday compensation for the day on which the employee worked the greater number of hours.

(g) Each nonexempt employee who works less than full-time on a regular schedule shall receive, for each holiday that falls on a day included in the employee's regular work schedule, holiday credit equal to the time the employee is regularly scheduled to work on that day. If the employee works on the holiday, the employee shall receive, in addition, holiday compensation for the hours worked on the holiday.

(h) Each nonexempt employee who works less than full-time on an irregular schedule, as determined by the appointing authority, shall not receive holiday credit but shall be paid at the time-and-a-half rate for those hours worked on the holiday.

(i) 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.

(j) 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.

(k) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-3706 and K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-3707 and 75-3746; effective May 1, 1979; amended May 1, 1985; amended Dec. 17, 1995; amended June 20, 1997; amended October 1, 1999; amended June 5, 2005.)

1-9-3. Request and approval of leave; authorized leave; unauthorized leave. (a) Requests for leave shall be made to the appointing authority in such form and at such time as prescribed by the appointing authority. Leave that is requested as above, and approved, shall be termed authorized leave. Leave that is not requested as above, or not approved, shall be termed unauthorized leave, unless the employee furnishes the appointing authority evidence satisfactory to the appointing authority that circumstances made it impossible to request leave in the form and at such time as prescribed by the appointing authority.

(b) Use of unauthorized leave shall be entered into the employee's official personnel file in the agency. Habitual or flagrant use of unauthorized leave shall be grounds for disciplinary action, including dismissal.

(c) When an employee takes unauthorized leave, the appointing authority shall determine whether use of accumulated leave or accumulated compensatory time shall be allowed, whether leave without pay shall be granted, or in a case of habitual or flagrant use of unauthorized leave, whether a pay decrease, suspension, demotion, dismissal, or other disciplinary action shall be proposed or taken. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended Dec. 17, 1995.)

1-9-4. Vacation leave. (a)(1) Each classified employee in a regular position shall be entitled to vacation with pay, which shall be earned and accumulated in accordance with this regulation. Vacation leave earned each payroll period, the maximum amount of vacation leave that may be accumulated, and the increments in which vacation leave may be used shall be determined as follows.

(A) Each nonexempt employee shall accrue vacation leave in accordance with the following table.

Vacation Leave Table for Non-Exempt Employees Hours Earned Per Pay Period Based on Length of Service

Hours in Pay Status Per Pay Period

Less Than 5 Years

5 Years & Less Than 10 Years

10 Years & Less Than 15 Years

15 Years & Over

0-7

0.0

0.0

0.0

0.0

8-15

0.4

0.5

0.6

0.7

16-23

0.8

1.0

1.2

1.4

24-31

1.2

1.5

1.8

2.1

32-39

1.6

2.0

2.4

2.8

40-47

2.0

2.5

3.0

3.5

48-55

2.4

3.0

3.6

4.2

56-63

2.8

3.5

4.2

4.9

64-71

3.2

4.0

4.8

5.6

72-79

3.6

4.5

5.4

6.3

80-

3.7

4.7

5.6

6.5

Maximum Accumulation of Hours

144.0

176.0

208.0

240.0

(i) Nonexempt employees shall use vacation leave only in increments of a quarter of an hour.

(ii) For purposes of this regulation, hours in pay status shall include time off while receiving workers compensation wage replacement for loss of work time.

(B) Each exempt employee in a position that is eligible for benefits shall accrue vacation leave in accordance with the following table.

Vacation Leave Table for Exempt Employees Hours Earned Per Pay Period Based on Length of Service

Time in Pay Status Per Pay Period

Less Than 5 Years

5 Years & Less Than 10 Years

10 Years & Less Than 15 Years

15 Years & Over

0

0.0

0.0

0.0

0.0

>0

3.7

4.7

5.6

6.5

Maximum Accumulation of Hours

144.0

176.0

208.0

240.0

(i) Exempt employees, including part-time exempt employees, shall use vacation leave only in either half-day or full-day increments.
(ii) For purposes of this regulation, hours in pay status shall include time off while receiving workers compensation wage replacement for loss of work time.
(C) Each exempt employee in a position that is not eligible for benefits shall earn one-half the amount of leave set out in paragraph (a) (1) (B), based on the employee's length of service.
(2) At the end of the last payroll period paid in each fiscal year, up to 40 hours of any accrued vacation leave that exceeds an employee’s maximum accumulation of hours established in paragraphs (a) (1) (A) and (B) shall be converted to sick leave. After this conversion, all remaining vacation leave over the maximum accumulation of hours shall be forfeited at the end of the last payroll period paid in that fiscal year.
(3) If an employee terminates from the service, and if at the time of termination, the employee has more than the maximum accumulation of vacation leave permitted in paragraphs (a) (1) (A) and (B), the employee shall not be paid for any vacation leave in excess of the maximum accumulation to which that employee is entitled.
(b) Increased rates of vacation leave earnings based on length of service shall be calculated in accordance with K.A.R. 1-2-46.
(c) The appointing authority shall not be arbitrary in approving or rejecting vacation leave requests. The appointing authority shall not unreasonably defer the taking of vacations so that for all practical purposes the employee is deprived of vacation rights.
(d) Vacation leave earned by an employee during a pay period shall be available for use on the first day of the following pay period subject to the restrictions established in paragraph (a)(3), if the employee resigns or is otherwise separated from the service, any vacation leave earned in the pay period in which the separation occurs shall be credited to the employee, and payment for that leave shall be made to the employee as provided in K.A.R. 1-9-13.
(e) If a holiday on which state offices are closed occurs during an employee's vacation, the holiday hours shall not be charged against the employee's vacation leave.
(f) If an employee, or a member of the employee's family as defined in K.A.R. 1-9-5(e)(2), becomes ill while the employee is taking vacation leave and, for all intents and purposes, the employee is deprived of all or a significant portion of the vacation due to the illness, the appointing authority, upon request of the employee, may charge to sick leave some or all of the time the employee or family member was ill during the vacation. For purposes of this subsection, "illness" shall include any of the reasons for sick leave identified in K.A.R. 1-9-5(e)(1).
(g) Vacation leave for school employees. Any classified employee in a school institution having scheduled vacation periods at stated times when school is not in session, including Thanksgiving and Christmas, who does not work during the scheduled vacation periods because the employee's services are not required may be granted leave without pay or vacation leave for those periods. Vacation leave taken for this purpose may be charged against accrued vacation leave or against vacation leave that will be accrued during the school term for which the employee is employed. Any classified employee at a school institution that is separated from the service before the end of the school term for which the employee is employed shall be charged on the final pay voucher for any vacation leave used in excess of accrued vacation leave. (Authorized by K.S.A. 2003 Supp. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended, E-81-23, Aug. 27, 1980; amended May 1, 1981; amended May 1, 1983; amended May 1, 1984; amended May 1, 1985; amended Jan. 6, 1992; amended Aug. 3, 1992; amended Dec. 17, 1995; amended June 7, 2002; amended June 4, 2004.)

1-9-5. Sick leave. (a) Each classified employee in a regular position shall be credited and accumulate sick leave as provided in this regulation.
(b) The maximum sick leave credit an employee may accrue in any payroll period shall be 3.7 hours. The amount of sick leave hours earned each payroll period and the increments in which sick leave may be used shall be determined as follows.
(1) Each non-exempt employee shall accrue sick leave in accordance with the following table.

Sick Leave Table for Non-Exempt Employees

Hours in Pay Status Per Pay Period

Hours Earned Per Pay Period

0-7

0.0

8-15

0.4

16-23

0.8

24-31

1.2

32-39

1.6

40-47

2.0

48-55

2.4

56-63

2.8

64-71

3.2

72-79

3.6

80-

3.7

(A) Non-exempt employees shall use sick leave only in increments of a quarter of an hour.

(B) For purposes of this regulation, hours in pay status shall include time off while receiving workers compensation wage replacement for loss of work time.

(2) Each exempt employee in a position that is eligible for benefits shall accrue sick leave in accordance with the following table.

Sick Leave Table for Exempt Employees

Time in Pay Status Per Pay Period

Hours Earned Per Pay Period

0

0.0

>0

3.7

(A) Exempt employees, including part-time exempt employees, shall use sick leave only in half-day or full-day increments.

(B) For purposes of this regulation, hours in pay status shall include time off while receiving workers compensation wage replacement for loss of work time.

(3) Each exempt employee in a position that is not eligible for benefits shall earn one-half the amount of leave set out in paragraph (b) (2).

(c) Sick leave earned by an employee during a pay period shall be available for use on the first day of the following pay period.

(d) Any employee may be required by the appointing authority or the director of personnel services to provide evidence necessary to establish that the employee is entitled to use sick leave under the circumstances of the request. If the employee fails to provide this evidence, the requested use of sick leave may be denied by the appointing authority or director. The appointing authority, with the director's approval, may require an examination of an employee by a licensed health care or mental health care professional ultimately responsible for patients' health care, as designated by the agency and at the agency's expense. An appointing authority with delegated authority under K.S.A. 75-2938, and amendments thereto, shall not be required to obtain the director’s approval before requiring an examination of an employee.

(e)(1) Sick leave with pay shall be granted only for the following reasons:

(A) Illness or disability of the employee, including pregnancy, childbirth, miscarriage, abortion, and recovery therefrom, and personal appointments with a physician, dentist, or other recognized health practitioner;

(B) illness or disability, including pregnancy, childbirth, miscarriage, abortion, and recovery therefrom, of a family member, and a family member's personal appointments with a physician, dentist, or other recognized health practitioner, when the illness, disability, or appointment reasonably requires the employee to be absent from work;

(C) legal quarantine of the employee; or

(D) the adoption of a child by an employee or initial placement of a foster child in the home of an employee, when the adoption or initial placement reasonably requires the employee to be absent from work.

(2) For purposes of this regulation, "family member" means the following:

(A) Any person related to the employee by blood, marriage, or adoption; and

(B) any minor residing in the employee's residence as a result of court proceedings pursuant to the Kansas code for care of children or the Kansas juvenile offenders code.

(f) If an appointing authority has evidence that an employee cannot perform the employee's duties because of illness or disability, if the employee has accumulated sick leave, and if the employee refuses or fails to apply for sick leave, the appointing authority may require the employee to use sick leave. Upon exhaustion of this employee's sick leave, the appointing authority may require the employee to use any accumulated vacation leave. An appointing authority may request a written release by a licensed health care or mental health care professional ultimately responsible for patients' health care before the employee is allowed to return to work. If the employee has exhausted all sick leave or accumulated vacation leave, the appointing authority may grant the employee leave without pay as provided in K.A.R. 1-9-6(c).

(g) Each employee who is injured on the job and awarded workers compensation shall be granted use of accumulated leave upon the employee's request. The compensation for accumulated leave used each payroll period shall be that amount which, together with workers compensation, equals the regular pay for the employee. Unless the employee requests otherwise, vacation leave and compensatory time credits shall be used only after sick leave credits have been exhausted. The appointing authority shall not require the use of accumulated compensatory time credits in conjunction with workers compensation.

(h) Each former employee who had unused sick leave at the time of separationand who returns to state service in a regular position within a year shall have the unused sick leave returned to the employee's credit. This provision shall not apply to a person who has retired from state service.

(i) Payments for sick leave accumulated by the date of retirement, in accordance with K.S.A. 75-5517, and amendments thereto, shall be calculated using the hourly or salary rates set forth in K.A.R. 1-5-21. (Authorized by K.S.A. 2001 Supp. 75-3747; implementing K.S.A. 75-3707 and 75-3746; effective May 1, 1979; amended, E-81-23, Aug. 27, 1980; amended May 1, 1981; amended May 1, 1983; amended May 1, 1984; amended May 1, 1985; amended Sept. 26, 1988; amended July 16, 1990; amended Jan. 6, 1992; amended Aug. 3, 1992; amended July 26, 1993; amended Dec. 17, 1995; amended June 7, 2002.)

1-9-6. Leave without pay. (a) The appointing authority shall determine whether approval of each request for leave without pay is for the good of the service, and shall approve or disapprove the request. The appointing authority may require use of accumulated vacation leave and accumulated sick leave before approval of leave without pay.

(b) Any new hire in a regular position without permanent status may be granted leave without pay for a period not to exceed 60 calendar days:

(1) for illness or disability, including pregnancy, childbirth, miscarriage, abortion and recovery therefrom;

(2) for the adoption of a child by the employee;

(3) for the initial placement of a foster child in the home of the employee;

(4) in order to care for a family member who has a serious health condition; or

(5) for other good and sufficient reason, when the appointing authority deems leave to be in the best interest of the service.

When an appointing authority determines that granting a longer leave of absence without pay than prescribed in this subsection is in the best interest of the service, the appointing authority may approve a longer leave, or an extension of a leave. The total duration of leave shall not exceed six months. Any leave granted under this subsection that exceeds 30 calendar days shall be reported to the director of personnel services.

(c) Any employee currently without permanent status as a result of a promotion or reinstatement may be granted leave without pay under the same conditions as an employee with permanent status, if the employee had permanent status in the class in which the employee was employed immediately prior to the promotion or reinstatement.

(d) Any employee with permanent status may be granted leave without pay for a reasonable period of time consistent with the effective fulfillment of the agency's duties, but not to exceed one year:

(1) for illness or disability, including pregnancy, childbirth, miscarriage, abortion and recovery therefrom;

(2) for the adoption of a child by the employee;

(3) for the initial placement of a foster child in the home of the employee;

(4) in order to care for a family member who has a serious health condition; or

(5) for other good and sufficient reason, when the appointing authority deems such leave to be in the best interest of the service. Any leave that exceeds 30 calendar days shall be reported to the director of personnel services.

(e) Any employee with permanent status may be granted leave of absence without pay from the employee's classified position to enable the employee to take a position in the unclassified service, if the granting of this leave is considered by the appointing authority to be in the best interest of the service. Leave for this purpose shall not exceed one year, but the appointing authority may grant one or more extensions of up to one year, and the appointing authority may determine the number of extensions.

(f) Desire of an employee to accept employment not in the state service shall be considered by the appointing authority as insufficient reason for approval of a leave of absence without pay, except under unusual circumstances.

(g) If the interests of the service make it necessary, the appointing authority may terminate a leave of absence without pay by giving written notice to the employee at least two weeks prior to the termination date. With the approval of the appointing authority, an employee may return from leave on an earlier date than originally scheduled.

(h) When an employee returns at the expiration of an approved leave without pay or upon notice by the appointing authority that a leave without pay has been terminated, the employee shall be returned to a position in the same class as the position which the employee held at the time the leave was granted, or in another class in the same pay grade for which the employee meets the qualifications.

(i) Failure to return to work at the expiration of an authorized leave of absence, or upon notice by the appointing authority that a leave has been terminated, shall be deemed a resignation. Such resignation shall be reported by the appointing authority to the director of personnel services in the manner provided by the director. Before terminating an employee for failure to return from leave, the appointing authority shall make a reasonable effort to contact the employee, and a summary of the steps taken to try to contact the employee shall be submitted to the director of personnel services with the resignation.

(j) As used in this regulation, the term "family member" shall have the meaning set out in K.A.R. 1-9-5(e)(2). (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-2947, as amended by 1995 SB 175, § 11; effective May 1, 1979; amended, E-81-14, June 12, 1980; amended May 1, 1981; amended May 1, 1983; amended, T-88-9, April 21, 1987; amended, T-89-1, May 1, 1988; amended Oct. 1, 1988; amended Dec. 27, 1993; amended Dec. 17, 1995.)

1-9-7. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 1, 1985.)

1-9-7a. Military leave; voluntary or involuntary service in the armed forces. (a) Subject to the additional requirements and limitations of title 38, U.S. code, chapter 43, each employee in a regular position, who enlists or is drafted into the armed forces of the United States, including reservists and members of the national guard who are activated to military duty, shall be granted military leave without pay upon the employee's notice to the appointing authority of a military order requiring active duty for other than training purposes. The appointing authority shall require the employee to provide, within a reasonable period of time, documentation to substantiate the military order for active duty.

Any person on military leave, as mentioned above, who applies to the appointing authority for permission to return to the classified service within 90 days after receiving a discharge from the military service under honorable conditions, or from hospitalization, shall:

(1) be restored to that position or to a similar position with like status and pay in the same geographic location, as determined pursuant to K.A.R. 1-5-11;

(2) if qualified to perform the duties of any other position, be offered employment in the same geographic location in a position comparable in status and pay to the former position; or

(3) appeal to the secretary of administration for appropriate placement.

(b) Military leave shall be counted as part of the employee's length of service as prescribed in K.A.R. 1-2-46. Sick leave, vacation leave, and holidays shall not be earned or accrued during a period of military leave without pay.

(c) Reenlistment or continuation of active duty beyond the time prescribed by Title 38, U.S. Code, Chapter 43, shall be considered a voluntary resignation from military leave status. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 77-3746; effective May 1, 1985; amended, T-1-3-14-91, March 14, 1991; amended July 8, 1991; amended Dec. 17, 1995.)

1-9-7b. Military leave; voluntary or involuntary service with reserve component of the armed forces. (a)(1) Each employee in a classified or unclassified position that is eligible for benefits who is a member of a reserve component of the military service of the United States shall be granted a maximum of 30 working days of military leave with pay for required military duty within each 12-month period beginning October 1 and ending September 30 of the following year. 

(2)  For the purpose of this regulation, “required military duty” shall mean 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.  

(b) Required military duty in excess of 30 working days within the 12-month period specified in subsection (a) shall be charged to military leave without pay or, at the employee's request, to appropriate accrued leave. 

(c) Each request for military leave shall be submitted to the appointing authority with as much notice as possible under the circumstances of the required military duty. Whenever possible, an appropriate military order or duty document shall be received by the appointing authority before military leave is authorized. 

(d) Each employee in a classified or unclassified position that is eligible for benefits shall be granted military leave without pay or, at the employee's request, appropriate accrued leave for the purpose of induction, entrance, or examination for entrance into a reserve component. Notice to the appointing authority shall be provided as prescribed by the appointing authority. Upon completion of the induction, entrance, or examination, the employee shall return to state employment as prescribed in subsection (f).

(e) Upon release from a period of service under subsection (a), (b), or (d) or upon discharge from hospitalization for or convalescence from an illness or injury incurred in or aggravated during the service, each employee shall be permitted to return to one of the following positions:

(1) The position in which the employee would have been employed if the employee had not been absent; or

(2) a position with status and pay similar to the status and pay that the employee would have had if the employee had not been absent for those purposes. If the employee is not qualified to perform the duties of the position by reason of disability sustained while absent in accordance with this regulation but is qualified to perform the duties of any other position, the employee shall be offered employment in a position comparable to the former position, in status and pay.

(f)(1) Except as provided in paragraph (f)(2), when returning from periods of required military duty or upon completion of the induction, entrance, or examination for entrance into a reserve component, the employee shall report for work as follows: 

Period of Absence (in consecutive days)

Return to Work Following Release From a Period of Service

1-30

First full, regularly scheduled day after release

31-180

Within 14 days of release

181+

Within 90 days of release

 

(2) The time periods specified in paragraph (f)(1) may be extended to no more than two years from the date of release from a period of service to accommodate a period of hospitalization or convalescence resulting from a service-connected injury or illness. To the extent practicable, the employee shall inform the appointing authority of any change in the date on which the employee is anticipated to return to work. The appointing authority may request documentation from the employee’s commanding officer or the employee’s licensed health or mental health care provider of the date on which the employee is released from a period of service and of the reasons the employee will not be able to return to work following the employee’s release from a period of service. 

(g) Military leave shall be counted as part of the employee's length of service as prescribed in K.A.R. 1-2-46. Sick leave, vacation leave, and holiday credit shall not be earned or accrued during a period of required military duty when military leave without pay has been granted. 

(h) For purposes of this regulation, each reference to the military reserve of the United States shall be considered to include members of the national guard. (Authorized by K.S.A. 75-3706 and K.S.A. 2016 Supp. 75-3747; implementing K.S.A. 75-3707 and 75-3746; effective May 1, 1985; amended Dec. 17, 1995; amended, T-1-10-1-97, Oct. 1, 1997; amended, T-1-11-5-99, Nov. 5, 1999; amended Dec. 27, 2002; amended Oct. 1, 2006; amended Oct. 6, 2017.)

1-9-7c. Military leave; state duty with Kansas national guard or state guard when organized. (a) Each employee in a regular position who is a member of the state or Kansas national guard shall be granted military leave with pay for the duration of any official call to state emergency duty.

(b) The appointing authority may grant military leave without pay or, at the employee's request, accrued vacation leave for the duration of any other type of state duty performed pursuant to K.S.A. 48-225.

(c) Each employee shall provide an appropriate state military order to the appointing authority before the processing of any pay reports or time and attendance reports, or both.

(d) In accordance with K.S.A. 1996 Supp. 48-517, each employee in a regular position who is called or ordered to active duty by the state of Kansas national guard shall be returned to a job that is comparable to the job that the employee held at the time the employee was called to duty. (Authorized by K.S.A. 1996 Supp. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1985; amended Dec. 17, 1995; amended June 20, 1997.)

1-9-8. Jury duty; other required appearance before a court or other public body. (a)(l) Each employee in a regular position, shall be granted leave with pay by their appointing authority:

(A) for required jury duty; or

(B) in order to comply with a subpoena as a witness before the civil service board, the Kansas commission on civil rights, the United States equal employment opportunity commission, or a court.

(2) An employee shall not be entitled to leave of absence with pay in circumstances where the employee is called as a witness on the employee's own behalf in an action in which the employee is a party.

(b) Leave with pay may be granted to any employee for an appearance before a court, a legislative committee or other public body, if the appointing authority considers the granting of leave with pay to be in the best interest of the state.

(c) When any employee travels in a state vehicle for a required appearance before a court, or a legislative committee, or other public body, the employee shall turn over to the state any mileage expense payments received.

(d) Each employee granted leave under this section who receives pay or fees for a required appearance, excluding jury duty, shall turn over to the state the pay or fees in excess of $50.00. The employee may retain any amount paid to the employee for expenses in traveling to and from the place of the jury duty or required appearance, except as provided in subsection (c) of this regulation. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended May 1, 1982; amended May 1, 1983; amended May 1, 1984; amended, T-86-17, June 17, 1985; effective May 1, 1986; amended, T-87-17, July 1, 1986; amended May 1, 1987; amended, T-89-1, May 1, 1988; amended Oct. 1, 1988; amended Dec. 17, 1995.)

1-9-9. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 31, 1996.)

1-9-10. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended, E-82-14, July 1, 1981; amended May 1, 1982; revoked May 1, 1985.)

1-9-11. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended, E-82-14, July 1, 1981; amended May 1, 1982; revoked May 1, 1985.)

1-9-12. Funeral or death leave. An appointing authority may grant leave with pay to an employee in a regular position upon the death of a close relative. Such leave shall in no case exceed six working days. The employee's relationship to the deceased and necessary travel time shall be among the factors considered in determining whether to grant funeral or death leave, and if so, the amount of leave to be granted. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended May 1, 1981; amended Dec. 17, 1995.)

1-9-13. Payment for accumulated vacation leave, compensatory time, and holiday compensatory time upon separation. Each employee who separates from state service shall be paid for that employee's accumulated vacation leave, compensatory time and holiday compensatory time. Pay for an employee's vacation leave, compensatory time, and holiday compensatory time shall be calculated using the appropriate hourly or salary rate set forth in K.A.R. 1-5-21 and, with respect to non-exempt employees, the provisions of K.A.R. 1-5-24(e)(4). Pay for the vacation leave, compensatory time, and holiday compensatory time shall be a lump sum addition to the employee's last paycheck. This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-3706, K.S.A. 2004 Supp. 75-3747, and K.S.A. 75-5514; implementing K.S.A. 75-3707, 75-3746, and 75-5508; effective May 1, 1979; amended May 1, 1984; amended May 1, 1985; amended, T-86-36, Dec. 11, 1985; amended, T-87-11, May 1, 1986; amended May 1, 1987; amended Feb. 1, 1993; amended Dec. 27, 1993; amended Dec. 17, 1995; amended June 20, 1997; amended June 5, 2005.)

 

1-9-14. Transfer of leave credits. When an employee is appointed to a position in a different state agency, all types of leave for which the employee has a balance at the time of the appointment, except for compensatory time credits and holiday compensatory time credits, shall be transferred with the employee. All accumulated compensatory time and holiday compensatory time shall be paid by the agency from which the employee is leaving at the time the employee leaves that agency. The accumulated compensatory time and holiday compensatory time shall be paid as a lump sum addition to the employee’s last paycheck from that agency as provided in K.A.R. 1-9-13. However, upon request, an employee may transfer accumulated compensatory time and holiday compensatory time if approved by both the agency from which the employee is leaving and the agency to which the employee is going. This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-3706, K.S.A. 2004 Supp. 75-3747, and K.S.A. 75-5514; implementing K.S.A. 75-3707, K.S.A. 2004 Supp. 75-3747, and K.S.A. 75-5508; effective May 1, 1979; amended June 5, 2005.)

1-9-15. (Authorized by K.S.A. 75-3747; effective May 1, 1979; amended Dec. 17, 1995; revoked May 31, 1996.)

1-9-16. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 31, 1996.)

1-9-17. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked June 20, 1997.)

1-9-18. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-3746, K.S.A. 75-2925, as amended by 1995 SB 175, § 2, and K.S.A. 75-2938, as amended by 1995 SB 175, § 4; effective May 1, 1979; amended Aug. 3, 1992; amended Dec. 17, 1995; revoked Jan. 12, 2007.)

1-9-19. Relief from duty or change of duties of a permanent employee. (a) Under any of the circumstances identified in K.S.A. 75-2949 (i), and amendments thereto, any appointing authority may relieve an employee from duty and place the employee on administrative leave or change the duties of the employee, pursuant to the provisions of subsections (b) and (c).

(b) If the duties of an employee are changed, the appointing authority shall notify the employee in writing of the date the duties are to be changed, the manner in which the duties are to be changed, the reason for the change, and the expected date for resumption of regular duties or other disposition of the matter. The appointing authority shall report any change in duties that lasts more than 30 days to the director.

(c) If an employee is relieved of all duties and placed on administrative leave, the appointing authority shall notify the employee, in writing and within seven calendar days of the date the employee was relieved from duty with pay, of the reasons for that action and either of the following:

(1) The approximate length of time that the employee is to be relieved of duties and the date by which a determination in the matter is expected; or

(2) the date on which a determination in the matter was made and either the date on which the employee is to be returned to duty or the date on which any other disposition of the matter has been decided upon by the appointing authority is to be implemented.

(d) This regulation shall be effective on and after June 5, 2005 (Authorized by K.S.A. 2004 Supp. 75-2949, K.S.A. 75-3706, and K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 2004 Supp. 75-2949, K.S.A. 75-3707, and 75-3746; effective May 1, 1979; amended June 5, 2005.)

 

1-9-19a. Drug screening test for certain employees. (a) Any employee holding one of the following positions may be required to submit to a drug screening test in accordance with K.S.A. 75-4362, and amendments thereto, based upon reasonable suspicion of illegal drug use by that employee:

(1) Any safety-sensitive position;

(2) any position in an institution of mental health, as defined in K.S.A. 76-12a01, and amendments thereto, that is not a safety-sensitive position;

(3) any position in the Kansas state school for the blind, as established under K.S.A. 76-1101 et seq., and amendments thereto;

(4) any position in the Kansas state school for the deaf, as established under K.S.A. 76-1001 et seq, and amendments thereto; and

(5) any employee of a state veteran’s home operated by the Kansas commission on veteran’s affairs, as described in K.S.A. 76-1901 et seq., and K.S.A. 76-1951 et seq., and amendments thereto.

(b)(1) “Safety sensitive position” shall be defined as provided by K.S.A. 75-4362 (g), and amendments thereto.

(2) “Reasonable suspicion” means a judgment, supported by specific, contemporaneous, articulable facts or plausible inferences, that is made regarding the employee's behavior, appearance, or speech or supported by evidence found or reported that indicates drug use by the employee. Reasonable suspicion may be based on one or more of the following:

(A) An on-the-job accident or occurrence in which there is evidence to indicate any of the following:

(i) The accident or occurrence was in whole or in part the result of the employee's actions or inactions;

(ii) the employee exhibited behavior or in other ways demonstrated that the employee may have been using drugs or may have been under the influence of drugs; or

(iii) a combination of the factors specified in paragraphs (b)(2)(A)(i) and (ii) is present;

(B) an on-the-job incident that could be attributable to drug use by the employee, including a medical emergency;

(C) direct observation of behavior exhibited by the employee that could render the employee unable to perform the employee's job, in whole or part, or that could pose a threat to safety or health;

(D) information that has been verified by a person with the authority to determine reasonable suspicion and that indicates either of the following:

(i) The employee could be using drugs or is under the influence of drugs, and this circumstance is affecting on-the-job performance; or

the employee exhibits behavior that could render the employee unable to perform the employee's job or could pose a threat to safety or health;

(E) physical, on-the-job evidence of drug use by the employee or possession of drug paraphernalia;

(F) documented deterioration in the employee's job performance that could be attributable to drug use by the employee; and

(G) any other circumstance providing an articulable basis for reasonable suspicion.

(c) Any appointing authority may ask any employee in a position specified in subsection (a) to submit to a drug screening test under the circumstances of reasonable suspicion as a condition of employment. Refusal to comply with this requirement shall be considered the equivalent of receiving a confirmed positive result for referral or disciplinary purposes.

(d) Each employee required to submit to a drug screening test shall be notified of that requirement in writing and shall be advised of all of the following aspects of the drug screening program:

(1) The methods of drug screening that may be used;

(2) the substances that can be identified;

(3) the consequences of a refusal to submit to a drug screening test or a confirmed positive result; and

(4) the reasonable efforts to maintain the confidentiality of results and any medical information that are to be provided in accordance with subsection (k).

(e) Drug screening tests may screen for any substances listed in the Kansas controlled substances act.

(f) Any employee who has reason to believe that technical standards were not followed in deriving the employee's confirmed positive result may appeal the result in writing to the director within 14 calendar days of receiving written notice of the result.

(g) A retest by the original or a different laboratory on the same or a new specimen may be authorized by the director, if the director determines that the technical standards established for test methods or chain-of-custody procedures were violated in deriving a confirmed positive result or has other appropriate cause to warrant a retest.

(h) An employee who receives a confirmed positive drug screen result shall be subject to dismissal in accordance with K.S.A. 75-2949d and K.S.A. 75-4362, and amendments thereto as follows:

(1) Except as provided in paragraph (2) of this subsection, the employee shall not be subject to dismissal solely on the basis of the confirmed positive result if the employee has not previously had a confirmed positive result or the equivalent and the employee successfully completes an appropriate and approved drug assessment and recommended education or treatment program.

(2) The employee shall be subject to dismissal if the employee is a temporary employee, is in trainee status, or is on probationary status at the time the employee is given written notice of the drug screen requirement.

(3) The employee shall be subject to dismissal in accordance with K.S.A. 75-2949f, and amendments thereto, if the employee fails to successfully complete an appropriate and approved drug assessment and recommended education and treatment program.

(4) The employee shall be subject to dismissal, in accordance with K.S.A. 75-2949f, and amendments thereto, if the employee has previously had a confirmed positive result or the equivalent.

(5) This regulation shall not preclude the appointing authority from proposing disciplinary action in accordance with K.S.A. 75-2949d, and amendments thereto, for other circumstances that occur in addition to a confirmed positive result and that are normally grounds for discipline.

(i) Each employee who intentionally tampers with a sample provided for drug screening, violates the chain-of-custody or identification procedures, or falsifies a test result shall be subject to dismissal pursuant to K.S.A. 75-2949f, and amendments thereto.

(j) If the result of a drug screening test warrants disciplinary action, an employee with permanent status shall be afforded due process in accordance with K.S.A. 75-2949, and amendments thereto, before any final action is taken.

(k)(1) All individual results and medical information shall be considered confidential and, in accordance with K.S.A. 75-4362, and amendments thereto, shall not be disclosed publicly. Each employee shall be granted access to the employee's information upon written request to the director.

(2) Drug screening test results shall not be required to be kept confidential in civil service board hearings regarding disciplinary action based on or relating to the results or consequences of a drug screen test.

(3) Each appointing authority shall be responsible for maintaining strict security and confidentiality of drug screening records in that agency. Access to these records shall be restricted to the agency’s personnel officer or a designee, persons in the supervisory chain of command, the agency’s legal counsel, the agency’s appointing authority, the secretary of administration or a designee, the department of administration’s legal counsel, and the director or a designee. Further access to these records shall not be authorized without the express consent of the director.

(l) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-3706, K.S.A. 2004 Supp. 75-3747, and K.S.A. 2004 Supp. 75-4362; implementing K.S.A. 2004 Supp. 75-2949, K.S.A. 75-2949f, 75-3707, and K.S.A. 2004 Supp. 75-4362; effective, T-1-10-28-88, Oct. 28, 1988; effective Dec. 19, 1988; amended Feb. 19, 1990; amended April 13, 1992; amended May 31, 1996; amended October 1, 1999; amended June 5, 2005.)

 

1-9-20. Leave usage for exempt employees. (a) When using available sick or vacation leave or other paid leave, as appropriate, each exempt employee shall obtain authorization for these absences in the manner prescribed by the employee’s appointing authority.

(b) Each exempt employee shall follow the leave request procedures established by the employee’s appointing authority for any time away from work. The employee shall obtain prior approval from the employee’s supervisor for all time away from work, including periods of less than half of a day.

(c) Vacation, sick, and shared leave and holiday compensatory time shall be recorded as used only when employees in exempt positions use leave in half-day or full-day increments.

(d) Time away from work for less than half of a day shall not be accumulated over multiple days to total a half-day or full-day increment of vacation, sick, or shared leave or holiday compensatory time. However, time away from work of less than half of a day may be accumulated in the same day to total a half-day increment.

(e) A supervisor may deny the request of an exempt employee for time away from work of less than half of a day or may require the employee to use a half of a day or a full day of an appropriate type of leave if the employee has abused the use of leave in less than half-day or full-day increments or if other similar circumstances exist. The employee shall not perform work before the allotted time of leave is used.

(f) Other types of leave used by employees in exempt positions, including jury duty, funeral, job injury, and disaster service leave, shall be reported in quarter-hour increments.

(g) An exempt employee shall not be suspended for a period that is less than the employee’s workweek of seven consecutive 24-hour periods or multiples of this workweek, unless the suspension is imposed in good faith for either of the following conditions:

(1) for an infraction of a safety rule of major significance; or

(2) for violation of workplace conduct rules.

(h) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-3706, K.S.A. 2004 Supp. 75-3747, and K.S.A. 75-5507; implementing K.S.A. 75-3707, 75-3746, and 75-5507; effective May 1, 1979; amended June 5, 2005.)

1-9-21. Nepotism. In accordance with K.S.A. 46-246a and K.A.R. 19-40-4, no state officer or employee shall advocate, participate in or cause the appointment, promotion, transfer, demotion or discipline of a member of the officer's or employee's household or a family member. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-3746, K.S.A. 1992 Supp. 46-246a; effective May 1, 1979; amended Jan. 6, 1992; amended July 26, 1993.)

1-9-22. Job injury leave. (a) Each classified or unclassified employee who sustains a qualifying job injury, as determined by the employee's appointing authority, shall be eligible for job injury leave in accordance with this regulation.

(b) "Qualifying job injury" shall mean an injury that meets the following conditions:

(1) renders the employee unable to perform the employee's regular job duties;

(2) arose out of and in the course of employment with the state; and

(3)(A) was sustained as a result of a shooting, stabbing, or aggravated battery as defined in K.S.A. 21-5413 and amendments thereto, by another against the employee;

(B) was sustained as a result of a confrontation with a patient or client in a facility or ward for mental health, intellectual disability, or developmental disability in which the patient or client inflicts great bodily harm, causes disfigurement, or causes bodily harm with a deadly weapon or in any manner by which great bodily harm, disfigurement, dismemberment, or death can be inflicted; or

(C) was sustained in any other situation in which the appointing authority determines that job injury leave is in the best interests of the state.

(c) Job injury leave shall not exceed six total months away from work. While an employee is on an approved job injury leave, the employing state agency shall continue to pay the employee's regular compensation. If the employee is awarded worker's compensation, the state agency shall pay the employee compensation in an amount that, together with worker's compensation pay, equals the regular pay of the employee. The employee shall not be required to use accrued sick leave or vacation leave. The employee shall continue to accrue sick and vacation leave as long as the employee remains in pay status. Nothing in this regulation shall be construed as providing voluntary or gratuitous compensation payments in addition to temporary total disability compensation payments pursuant to the worker's compensation laws.

(d) The appointing authority may require an employee on approved job injury leave to return to full or limited duty if the employee is physically able to perform the duty as determined by a physician selected by the appointing authority or selected by a representative of the state self-insurance fund. However, limited duty allowed shall not, in combination with time away from work on job injury leave, exceed the total six months allowed for job injury leave. If the employee remains unable to return to full duty, the appointing authority shall take any action deemed to be in the best interest of the state.

(e) While an employee is on approved job injury leave, the appointing authority may require the employee to be examined by a physician selected by the appointing authority to determine the capability of the employee to return to full or limited duty.

(f) Each employee on approved job injury leave shall be prohibited from being gainfully employed by any other employer.

(g) The requirements of this regulation may be waived or modified by the director upon written request of the appointing authority. Any waiver or modification may be granted only upon a finding by the director that both of the following conditions are met:

(1) Granting the requested waiver or modification would not be in conflict with any statutes pertaining to leave.

(2) Failure to grant the requested waiver or modification would create a manifest injustice or undue hardship on the employee requesting the job injury leave. (Authorized by K.S.A. 75-3706, K.S.A.  2013 Supp. 75-3747; implementing K.S.A. 75-3707 and 75-3746; effective, T-86-17, June 17, 1985; effective May 1, 1986; amended Nov. 21, 1994; amended Dec. 17, 1995; amended Sept. 12, 2014.)

1-9-23. Shared leave. (a)(1) Any employee in a classified, regular position or in an unclassified position that is eligible for benefits may be eligible to receive or donate shared leave as provided in this regulation.

(2) Except as provided in paragraph (d)(1)(D), shared leave may be granted to an employee if all of the following conditions are met and if the employee meets the criteria specified in paragraph (b)(1):

(A) The employee or a family member of the employee, as defined in K.A.R. 1-9-5 (e)(2), is experiencing a serious, extreme, or life-threatening illness, injury, impairment, or physical or mental condition.

(B) The illness, injury, impairment, or condition of the employee or the family member has caused or is likely to cause the employee to take leave without pay or terminate employment.

(C) The illness, injury, impairment, or condition of the employee or the family member keeps the employee from performing regular work duties.

(b)(1) Each employee who meets the requirements of paragraph (a)(2) shall be eligible to receive shared leave if both of these 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.

(B) The employee has at least six continuous months of service, pursuant to K.A.R. 1-2-46.

(2)(A) An employee shall be eligible to donate vacation leave or sick leave to another employee if these conditions are met:

(i) The donation of vacation leave does not cause the accumulated vacation leave balance of the donating employee to be less than 80 hours, unless the employee donates vacation leave at the time of separation from state service.

(ii) The donation of sick leave does not cause the accumulated sick leave balance of the donating employee to be less than 480 hours, unless the employee donates sick leave at the time of separation from state service.

(B) If the employee is retiring from state service and receiving compensation for sick leave upon retirement, the donated sick leave consists only of the accumulated sick leave in excess of the applicable minimum accumulation amount required for eligibility for a sick leave payout pursuant to K.S.A. 75-5517, and amendments thereto.

(c)(1)(A) When requesting shared leave, an employee shall be required to provide a statement from a licensed health care provider or other medical evidence necessary to adequately establish that the illness, injury, impairment, or physical or mental condition of the employee or family member is serious, extreme, or life-threatening and keeps the employee from performing regular work duties. If the employee fails to provide the required evidence, the use of shared leave shall be denied.

(B) At any time during the use of shared leave, the appointing authority may require the employee to provide a statement from a licensed health care provider or other medical evidence necessary to establish that the illness, injury, impairment, or physical or mental condition of the employee or family member continues to be serious, extreme, or life-threatening or to establish when the employee will be able to return to work. If the employee fails to provide the required evidence, the use of shared leave may be terminated by the appointing authority.

(2)(A) The appointing authority shall determine whether an employee meets the initial eligibility requirements in paragraph (b)(1) and, if applicable, whether the employee would be caring for an individual who meets the definition of a family member.

(B) Shared leave may be denied if the appointing authority determines that the requesting employee has a history of leave abuse.

(C) An employee who currently is receiving workers compensation for the illness, injury, impairment, or physical or mental condition that is the basis of the shared leave request or has submitted an application to the division of workers compensation for this illness, injury, impairment, or condition shall not be eligible to receive shared leave

(d)(1)(A) A shared leave committee shall be established and coordinated by the director. The shared leave committee shall consist of three current employees in the executive branch who, in the director’s judgment, have experience in making determinations regarding leave and who will be fair and impartial in discharging their responsibilities.

(B) Except as provided by paragraph (d)(2), once the appointing authority determines that an employee meets the eligibility requirements specified in paragraph (c)(2), the shared leave committee shall determine whether the illness, injury, impairment, or physical or mental condition of the employee or the employee’s family member meets the conditions established in paragraph (a)(2).

(C) If the shared leave committee determines that the illness, injury, impairment, or physical or mental condition meets the requirements of paragraph (a)(2), the appointing authority shall grant all or a portion of the time requested.

(D) An appointing authority may approve an employee’s request for shared leave regardless of the determination of the shared leave committee if the appointing authority determines that such a decision would be in the best interests of the state. Before approving the request, the appointing authority shall consult with the director about the factors that the appointing authority is relying upon in making the determination that approval of the shared leave is in the best interests of the state.

(2) If the appointing authority is an elected official, the appointing authority may determine whether the illness, injury, impairment, or physical or mental condition of the employee or the employee’s family member meets the conditions established in paragraph (a)(2) or may submit the shared leave request to the shared leave committee for determination as provided in paragraph (d)(1).

(e) Employees shall not be notified of the need for shared leave donations until the request for shared leave has been approved as provided in subsection (d). No employee shall be coerced, threatened, or intimidated into donating leave or financially induced to donate leave for purposes of the shared leave program.

(f) The records of all shared leave donations shall remain confidential.

(g)(1) Shared leave may be used only for the duration of the serious, extreme, or life-threatening illness, injury, impairment, or physical or mental condition for which the shared leave donation was collected. The maximum number of hours of shared leave that may be used by an employee shall be the total number of hours that the employee would regularly be scheduled to work during a six-month period.

(2) No employee shall be eligible to use shared leave after meeting the eligibility requirements for disability benefits under the Kansas public employees retirement system.

(3) Employees shall use shared leave in accordance with their regular work schedules.

(4) Exempt employees shall use shared leave only in half-day or full-day increments.(h)(1) Shared leave may be applied retroactively for a maximum of two pay periods preceding the date the employee signed the shared leave request form.

(2) The employee shall no longer be eligible to receive shared leave for a particular occurrence if any of these conditions is met:

(A) The illness, injury, impairment, or condition of the employee or the employee’s family member improves so that it is no longer serious, extreme, or life-threatening, and the employee is no longer prevented from performing regular work duties.

(B) The employee terminates or retires.

(C) The employee returns to work and works the employee’s regular work schedule for at least 20 continuous working days.

(3) Any unused portion of the shared leave shall be prorated among all donating employees based on the original amount and type of donated leave and returned to those employees within two pay periods of the date on which it is determined that the employee receiving the donated leave is no longer eligible for shared leave. Shared leave shall not be returned to donating employees in increments of less than one full hour or to any person who has left state service.

(i)(1) Shared leave shall be paid according to the receiving employee's regular rate of pay by the receiving employee's agency. The rate of pay of the donating employee shall not be used in figuring the amount of shared leave that the requesting employee receives.

(2) Shared leave shall be donated in full-hour increments.

(j) Each decision to approve or deny a request for shared leave and any other determination regarding the extension or termination of shared leave shall be final and shall not be subject to appeal to the civil service board.

(Authorized by K.S.A. 75-3706, K.S.A. 2016 Supp. 75-3747, and K.S.A. 75-5549; implementing K.S.A. 75-3707, 75-3746, and 75-5549; effective, T-1-7-23-92, July 23, 1992; effective Sept. 14, 1992; amended July 26, 1993; amended, T-1-9-19-94, Sept. 19, 1994; amended Nov. 21, 1994; amended Dec. 17, 1995; amended May 31, 1996; amended Sept. 18, 1998; amended, T-1-2-17-00, Feb. 17, 2000; amended June 16, 2000; amended June 5, 2005; amended Jan. 6, 2017.)

1-9-24. Disaster service volunteer leave. (a) An appointing authority may authorize leave with pay to any employee in the classified or unclassified service who is a certified disaster service volunteer of the American red cross.

(1) Such leave may only be granted when:

(A) the employee is requested by the American red cross to provide disaster services;

(B) the disaster is designated as a Level II disaster or above by the American red cross; and

(C) the disaster occurs in Kansas or in states contiguous to Kansas.

(2) Request for disaster service volunteer leave shall be made in accordance with K.A.R. 1-9-3(a) and shall include written verification of the provisions of paragraph (a)(1) from the American red cross.

(3) Disaster volunteer leave shall not exceed 20 working days in the 12-month period that starts the first day the leave was used.

(b) The employee shall not be considered to be an employee of the state for the purposes of workers' compensation or the Kansas tort claims act while on disaster service leave. (Authorized by K.S.A. 75-3747; implementing L. 1993, ch. 33, § 3; effective T-1-11-16-93; effective Nov. 16, 1993; effective Dec. 27, 1993.)

1-9-25 Alcohol and controlled substances tests for employees in commercial driver positions. (a) (1) For the purposes of this regulation, “the act” means the provisions of 49 U.S.C. app. § 2717, as amended, that apply to the alcohol and controlled substance testing of employees in commercial driver positions.

(2) This regulation shall apply to any employee in a commercial driver position who may be required to submit to an alcohol or controlled substances test in accordance with the act.

(b) Any appointing authority may ask any current employee in a commercial driver position within that agency to submit to alcohol and controlled substances tests under the provisions of the act as a condition of employment. Refusal to comply with this requirement shall be considered the equivalent of receiving a confirmed “positive” test result for referral or disciplinary actions.

(c) (1) Each employee required to submit to alcohol or controlled substances tests shall be notified of that requirement in writing. Each appointing authority shall provide to each current employee in a commercial driver position within that agency detailed materials containing the information identified in paragraph (c)(2). These materials shall be provided to each current employee before the start of alcohol and controlled substances testing by the agency and to each employee subsequently hired or transferred into a commercial driver position.

(2) The information provided to each employee in a commercial driver position shall include the following:

(A) The identity of the person designated by the appointing authority to answer drivers' questions about the materials;

(B) the categories of drivers who are subject to the provisions of the act;

(C) sufficient information about the safety-sensitive functions performed by those drivers to specify during which periods of the workday the driver is required to be in compliance with the act;

(D) specific information concerning driver conduct that is prohibited by the act;

(E) the circumstances under which a driver will be tested for alcohol or controlled substances under the act;

(F) the procedures that will be used to test for the presence of alcohol and controlled substances, protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver;

(G) the requirement that each driver submit to alcohol and controlled substances tests administered in accordance with the act;

(H) an explanation of what constitutes a refusal to submit to an alcohol or controlled substances test and the attendant consequences;

(I) the consequences for drivers found to have violated the act, including the requirement that the driver be removed immediately from safety-sensitive functions, and the referral, evaluation, and treatment procedures under the act;

(J) the consequences for drivers found to have an alcohol concentration exceeding permissible levels established under the act;

(K) information regarding postaccident procedures and the instructions necessary for the employee to be able to comply with the postaccident testing requirements; and

(L) information concerning the following:

(i) The effects of the use of alcohol and controlled substances on an individual's health, work, and personal life;

(ii) the signs or symptoms of an alcohol or a controlled substances problem, whether the driver's own problem or that of a coworker; and

(iii) the available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation, referral to the state employee assistance program, referral to management, or a combination of these methods.

(d) This subsection shall apply only to employees with permanent status, including employees with permanent status who are serving a probationary period due to a promotion.

(1) Except as provided by paragraph (d) (2), an employee shall not be subject to dismissal solely on the basis of a confirmed “positive” test result or the equivalent or a violation of any other provision of the act if the employee has not previously had a confirmed “positive” test result or the equivalent or any other violation of the act and the employee successfully completes an appropriate and approved alcohol and controlled substance assessment and any recommended education or treatment program. However, the employee shall be subject to dismissal in accordance with K.S.A. 75-2949f, and amendments thereto, if the employee has previously had a confirmed “positive” test result or the equivalent or any other violation of the act or if the employee fails to successfully complete an appropriate and approved alcohol and controlled substance assessment and any recommended education and treatment program as prescribed by the substance abuse professional. This regulation shall not preclude the appointing authority from proposing disciplinary action in accordance with K.S.A. 75-2949d, and amendments thereto, for other circumstances that occur in addition to a confirmed “positive” test or another violation of the act result and that are normally grounds for discipline.

(2) Each employee who takes any of the following actions shall be subject to dismissal pursuant to K.S.A. 75-2949f, and amendments thereto:

(A) Intentionally adulterates, tampers with, or substitutes a sample provided for alcohol or controlled substances testing;

(B) violates the chain-of-custody or identification procedures; or

(C) falsifies a test result.

(3) If disciplinary action is warranted under the provisions of this regulation, the appointing authority shall afford the employee due process in accordance with K.S.A. 75-2949, and amendments thereto.

(e) An employee shall be subject to dismissal if both of the following conditions are met:

(1) At the time the employee is given written notice of an appointment for an alcohol or controlled substance test, the employee is a temporary employee, is in trainee status, or is serving a probationary period, other than an employee with permanent status who is serving a probationary period due to a promotion.

(2) The employee has a confirmed “positive” test result or the equivalent or takes any of the following actions:

(A) Adulterates, tampers with, or substitutes a sample provided for controlled substances testing;

(B) violates the chain-of-custody or identification procedures;

(C) falsifies a test result; or

(D) violates any other applicable provision of the act.

(f) (1) Each appointing authority shall be responsible for maintaining strict security and confidentiality of the alcohol and controlled substances records in that agency. Access to these records shall be restricted to the following personnel:

(A) The agency’s personnel officer, the agency’s appointing authority, the secretary of administration, the director, or any of their respective designees;

(B) persons in the supervisory chain of command;

(C) the agency’s legal counsel; or

(D) the department of administration’s legal counsel.

(2) Further access to these records shall not be authorized without the express consent of the director. (Authorized by K.S.A. 75-3706 and K.S.A. 2005 Supp. 75-3747; implementing K.S.A. 75-3746 and 75-3707; effective, T-1-1-26-95, Jan. 26, 1995; effective May 30, 1995; amended Sept. 18, 1998; amended October 1, 1999; amended Jan. 12, 2007.)

1-9-26. Preduty controlled substances testing for employees in positions assigned commercial driver functions. (a) (1) For the purposes of this regulation, the act means the provisions of 49 U.S.C. app. § 2717, as amended, that apply to the preduty controlled substances testing of employees in positions assigned commercial driver functions. (2) This regulation shall apply to any existing, filled position to which the appointing authority assigns duties that result in the position becoming a commercial driver position, thereby subjecting the incumbent employee to the requirements of the act, including its controlled substances testing requirements and the provisions of the act regarding release of alcohol and controlled substances test information by previous employers.

(b) Each employee who is an incumbent in a position to which commercial driver functions are assigned shall be informed of the provisions of the act and this regulation in writing and shall sign a statement agreeing to participate in the controlled substances testing before administration of the test. The appointing authority shall advise each employee required to submit to controlled substances testing under the act of the following aspects of the testing program:

(1) The methods of controlled substances testing that may be used;

(2) the substances that may be identified;

(3) the consequences of a refusal to submit to a controlled substances test or of a confirmed “positive” test result; and

(4) the reasonable efforts utilized by the state to maintain the confidentiality of results and any medical information that may be provided.

(c) If an incumbent employee fails to participate in the required controlled substances test, refuses to sign the written authorization required under subsection (b) of this regulation, or refuses to provide written authorization for release of alcohol and controlled substances test information by previous employers, the employee shall not begin performing the safety-sensitive functions. A subsequent refusal to participate in the required testing or to sign the written authorization shall be grounds for the following consequences;

(1) Discipline under K.S.A. 75-2949f, and amendments thereto, for any employee with permanent status, including an employee serving a probationary period due to a promotion from a position in which the employee had permanent status; or

(2) termination, for any temporary employee, any employee in trainee status, or any employee serving a probationary period, other than an employee with permanent status who is serving a probationary period due to a promotion.

(d) This subsection shall apply only to employees with permanent status, including employees with permanent status who are serving a probationary period due to a promotion.

(1) Except as provided by paragraph (d)(3), an incumbent employee in a position to which commercial driver functions are assigned shall not be subject to dismissal solely on the basis of a confirmed “positive” test result if the employee successfully completes an appropriate and approved alcohol and controlled substance assessment and any recommended education or treatment program, as provided by the act. However, the employee shall be subject to dismissal in accordance with K.S.A. 75-2949f, and amendments thereto, if the employee has previously had a confirmed "positive" test result or the equivalent, if the employee committed some other violation of the act, or if the employee fails to successfully complete an appropriate and approved alcohol and controlled substance assessment and any recommended education and treatment program prescribed by the substance abuse professional. This regulation shall not preclude the appointing authority from proposing disciplinary action in accordance with K.S.A. 75-2949d, and amendments thereto, for other circumstances that occur in addition to a confirmed "positive" test result or another violation of the act and that are normally grounds for discipline.

(2) The provisions of (d)(1) relating to a confirmed “positive” test shall apply if the information obtained from a prior employer under the act indicates that, within the preceding two years, both of the following have occurred.

(A) The employee violated any of the provisions of the act.

(B) The employee failed to complete the requirements for returning to work under the act, including an evaluation by a substance abuse professional, a return-to-duty alcohol test, controlled substances test, or both, and completion of any rehabilitation or treatment program prescribed by the substance abuse professional.

(3) Each employee who takes any of the following actions shall be subject to dismissal pursuant to K.S.A. 75-2949f, and amendments thereto;

(A) Intentionally adulterates, tampers with, or substitutes a sample provided for alcohol or controlled substances testing;

(B) violates the chain-of-custody or identification procedures; or

(C) falsifies a test result.

(4) If disciplinary action is warranted based on the provisions of this regulation, the appointing authority shall afford the employee due process in accordance with K.S.A. 75-2949, and amendments thereto.

(e) An employee shall be subject to termination if both of the following conditions are met:

(1) At the time the employee is given written notice of the assignment of commercial driver functions to the employee’s position, the employee is a temporary employee, is in trainee status, or is serving a probationary period, other than an employee with permanent status who is serving a probationary period due to a promotion.

(2) One or more of the following has occurred:

(A) The employee has a confirmed “positive” test result or the equivalent;

(B) The information obtained from a prior employer under the act indicates that, within the preceding two years, both of the following occurred:

(i) The employee violated any of the provisions of the act.

(ii) The employee failed to complete the requirements for returning to work under the act, including an evaluation by a substance abuse professional, a return-to-duty alcohol test, controlled substances test, or both, and completion of any rehabilitation or treatment program prescribed by the substance abuse professional.

(C) The employee takes any of the following actions:

(i) Intentionally adulterates, tampers with, or substitutes a sample provided for controlled substances testing;

(ii) violates the chain-of-custody or identification procedures;

(iii) falsifies a test result; or

(iv) violates any other applicable provision of the act.

(f) (1) Each appointing authority shall be responsible for maintaining strict security and confidentiality of the alcohol and controlled substance testing records in that agency. Access to these records shall be restricted to the following individuals:

(A) The agency’s personnel officer, the agency’s appointing authority, the secretary of administration, the director, or any of their respective designees;

(B) persons in the supervisory chain of command;

(C) the agency’s legal counsel; or

(D) the department of administration’s legal counsel.

(2) Further access to these records shall not be authorized without the express consent of the director. (Authorized by K.S.A. 75-3706 and K.S.A. 2005 Supp.75-3747; implementing K.S.A. 75-3746 and 75-3707; effective, T-1-1-26-95, Jan. 26, 1995; effective May 30, 1995; amended June 20, 1997; amended Sept. 18, 1998; amended Jan. 12, 2007.)

1-9-27. This regulation shall be revoked on and after June 5, 2005. (Authorized by K.S.A. 75-3706 and K.S.A. 1996 Supp. 75-3747; implementing K.S.A. 75-3707 and 75-3746; effective May 31, 1996; amended June 20, 1997; revoked June 5, 2005.)

Article 10 - Guidance and Discipline

Guidance and Discipline

1-10-1 to 1-10-5. (Authorized by K.S.A. 1980 Supp. 75-3747; effective May 1, 1979; revoked, E-82-14, July 1, 1981; revoked May 1, 1982.)

1-10-6. This regulation shall be revoked on and after June 5, 2005. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-2949d and 75-2944; effective, E-82-14, July 1, 1981; effective May 1, 1982; amended Dec. 27, 1993; amended May 31, 1996; amended Sept. 18, 1998; revoked June 5, 2005.)

1-10-7 This regulation shall be revoked on and after June 5, 2005. (Authorized by K.S.A. 1996 Supp. 75-3747; implementing K.S.A. 75-2949; effective, E-82-14, July 1, 1981; effective May 1, 1982; amended Oct. 24, 1997; revoked June 5, 2005.)

1-10-8. (Authorized by K.S.A. 1983 Supp. 75-3747; implementing K.S.A. 1983 Supp. 75-2944 and 75-2946; effective, E-82-14, July 1, 1981; effective May 1, 1982; amended May 1, 1983; amended May 1, 1984; amended Dec. 17, 1995; revoked May 31, 1996.)

1-10-9. (Authorized by K.S.A. 1981 Supp. 75-3747; implementing K.S.A. 75-2946; effective, E-82-14, July 1, 1981; effective May 1, 1982; amended Dec. 17, 1995; revoked May 31, 1996.)

1-10-10. This regulation shall be revoked on and after June 5, 2005. (Authorized by K.S.A. 75-3706 and 75-3747; implementing K.S.A. 75-2925, 75-2949, 75-2952, 75-2957, 75-3707, and 75-3746; effective October 1, 1999; revoked June 5, 2005.)

1-10-11. This regulation shall be revoked on and after June 5, 2005. (Authorized by
K.S.A. 75-3706 and 75-3747; implementing K.S.A. 75-2925, 75-2949, 75-2952, 75-2957, 75-3707, and 75-3746; effective October 1, 1999; revoked June 5, 2005.)

Article 11 - Non-Disciplinary Termination

Non-Disciplinary Termination

1-11-1. Resignation. (a) Each employee wishing to resign in good standing shall file with the appointing authority, at least two weeks before the employee's last day at work, a written resignation stating the date it will become effective and the reasons for leaving. If the employee fails to give the required written notice of resignation as specified in this subsection, the appointing authority may have a statement concerning this failure inserted in the employee's official personnel record. Any appointing authority may consider the fact that a person did not give the required notice when the person resigned from earlier employment with the state to be grounds for refusal to employ that person.
(b) With the approval of the appointing authority, an employee may withdraw a resignation.
(c) An appointing authority may consider any unauthorized absence from work for a period of five consecutive working days for which the employee does not provide a satisfactory explanation to be abandonment of the job and a presumed resignation. Before terminating an employee for a presumed resignation, the appointing authority shall make a reasonable effort to obtain a satisfactory explanation from the employee.
(d) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-3706 and K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-3707 and 75-3746; effective May 1, 1979; amended May 1, 1985; amended May 31, 1996; amended June 7, 2002; amended June 5, 2005.)

1-11-2. (Authorized by K.S.A. 1981 Supp. 75-3747; implementing K.S.A. 1981 Supp. 75-2948; effective May 1, 1979; amended, E-82-14, July 1, 1981; amended May 1, 1982; revoked May 1, 1984.)

1-11-3. This regulation shall be revoked effective June 5, 2005. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked June 5, 2005.)

Article 12 - Grievances and Appeals

1-12-1. Grievance procedure. Each appointing authority shall establish in writing a grievance procedure for its employees. The availability to, or the use of, a grievance procedure by an employee shall not preclude the employee's use of appropriate appeal procedures that are available to the employee in the civil service act or these regulations. This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended June 5, 2005.)

1-12-2. Agency appeals. Any appointing authority may appeal any final decision of the director of personnel services to the secretary of administration by filing a written notice of appeal with the secretary, signed by the appointing authority, with a copy to the director. Each notice of appeal shall state in clear and concise language the final decision of the director that is the subject of the appeal and the grounds upon which the appeal is based. The notice of appeal shall be delivered to the secretary's office or mailed to the secretary within 10 working days of the date on which the final decision becomes effective. The day and hour for hearing the appeal shall then be set by the secretary. The appeal shall be conducted informally. Both the appellant and the director may be present in person or by counsel, and both may present evidence and argument. A timely disposition of the appeal shall be made by the secretary. A copy of the secretary’s decision shall be provided to the appointing authority and the director by the secretary. The filing of a notice of appeal or the pendency of an appeal shall not suspend the final decision from which the appeal is taken. This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended June 5, 2005.)

Article 13 - Records, Reports, Research and Evaluation of Personnel System

Records, Reports, Research and Evaluation of Personnel System

1-13-1. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 1, 1983.)

1-13-1a. Content of employees' official personnel records. (a) The official personnel record of each state employee shall include the following information:

(1) Records showing the employee's hires, transfers, promotions, demotions, separations, changes of pay rates, leaves of absence and any other changes in employment status;

(2) performance reviews, letters of reprimand and letters of rebuttal, and letters of commendation;

(3) the application for each position for which the employee was hired;

(4) letters of disciplinary action; and

(5) any other information related to state service that the appointing authority deems appropriate.

(b) The records specified in subsection (a) may be maintained in paper or electronic form or by using other appropriate media.

(c) The official personnel record of each state employee shall be transferred with the employee if the employee is appointed to a position in another agency.

(d) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2950, and K.S.A. 75-3746; effective May 1, 1983; amended Dec. 27, 1993; amended Dec. 17, 1995; amended May 31, 1996; amended June 20, 1997; amended June 5, 2005.)

 

1-13-1b. Disclosure of employee information. (a) Except as otherwise provided in this regulation and the Kansas open records act, K.S.A. 45-215 et. seq. and amendments thereto, the information contained in each state employee's official personnel record shall not be open to public inspection.

(b) Upon any inquiry, the appointing authority shall disclose the following information concerning any current or former employee:

(1) The name of the employee;

(2) the employee's current job title;

(3) the employee's current or prior pay;

(4) the employee's length of employment with the state;

(5) the name of the employing agency; and

(6) the length of time the employee has served in the employee’s current position.

(c) When appropriate personnel from one of the following agencies, in carrying forth their official duties, establish a need for information contained in an employee's official personnel record, the appropriate personnel from these agencies shall be permitted to access the other employee’s personnel record:

(1) the Kansas department of administration;

(2) the Kansas attorney general's office, including the Kansas bureau of investigation;

(3) the federal equal employment opportunity commission and Kansas human rights commission;

(4) the Kansas civil service board;

(5) legislative post audit;

(6) the agency employing that employee; and

(7) employees of the Kansas department of social and rehabilitation services responsible for that agency’s child support enforcement activities.

(d) Any current or former employee, or any other individual or an organization if authorized in writing by the current or former employee, may review that employee's official personnel record upon written request to the appointing authority. The appointing authority shall place in the employee’s personnel record a copy of the written request and the written authorization from the employee. The review shall be consistent with the conditions established by the appointing authority and at a time and place mutually convenient to the parties.

(e)(1) Any appointing authority with an established need to review the personnel record of an employee in another state agency may, upon request to the appointing authority of the employing agency, review the employee’s official personnel record, including applications for employment and performance reviews.

(2) Each appointing authority responding to job-related reference and performance questions from another state agency shall answer the questions in good faith.

(3) If a prospective employer, other than another state agency, requests information about a current or former state employee as part of a reference check, the response of the appointing authority shall be consistent with the requirements of K.S.A. 44-119a, and amendments thereto.

(f) The official personnel record of any specifically named employee shall be made available for inspection in connection with litigation, pursuant to the terms of an order entered by a judge of any federal, state, or municipal court having proper jurisdiction over the litigation.

(g) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-2950 and 75-3746; effective June 5, 2005.)

1-13-2. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 31, 1996.)

1-13-3. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 31, 1996.)

1-13-4. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 31, 1996.)

Article 14 - Layoff Procedures and Alternatives to Layoff

Layoff Procedures and Alternatives to Layoff

1-14-1 to 1-14-5. (Authorized by K.S.A. 75-2965, 75-2966, 75-2968; effective Jan. 1, 1967; revoked May 1, 1979.)

1-14-6. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-2948; effective May 1, 1984; amended Jan. 18, 1994; revoked May 31, 1996.)

1-14-7. Agency submission of layoff notice to director. (a) When submitting a layoff notice to the director, the appointing authority shall list the reason for the proposed layoff. As established by K.S.A. 75-2948, as amended, the reasons for proposing a layoff shall be limited to:

(1) a shortage of work or funds;

(2) the reinstatement of an employee returning from authorized leave; or

(3) the abolition of a position or other material change in duties or organization.

(b) Any appointing authority proposing a layoff shall give written notice of the proposed layoff to the director, and a copy of the notice to the secretary of administration, at least 45 calendar days before the proposed effective date of the layoff. In cases of extenuating circumstances, the 45-day notice requirement may be waived by the director. However, in no case shall notice of layoff to the director be less than 30 days prior to the proposed effective date of the layoff.

(c) In the notice, the appointing authority shall specify:

(1) the reason or reasons for the layoff;

(2) the class, classes, or class series in which the layoff is to occur;

(3) the estimated number of employees to be laid off;

(4) the proposed effective date of each layoff;

(5) the position or positions to be vacated by layoff; and

(6) the layoff scores of employees identified in subsection (a) of K.A.R. 1-14-9.

(d) In addition to the information required under subsection (c), the notice shall include the following information:

(1) a list of the agency's organizational units;

(2) a description of any geographic areas to which the layoffs will be limited; and

(3) any other information requested by the director.

If the agency chooses to permit employees to bump into lower classes in a class series in addition to any lower class in which an employee had permanent status, the notice shall also indicate the class series to be used for bumping.

(e) (1) The appointing authority may designate a geographic area or an organizational unit within which the layoff is to occur and within which the employees are to be subject to layoff. If one or more geographic areas or organizational units are designated by the appointing authority, they shall be indicated in the layoff notice. If no area or unit is designated, the layoff shall be agency-wide. The appointing authority also may limit the layoff to full-time employees or to employees employed on less than a full-time basis.

(2) If an area or unit is used, the layoff and bumping rights shall be applied only to employees within the designated area or unit. When the layoff is limited to full-time employees or less than full-time employees, any employee with permanent status may exercise bumping rights into a position filled by any employee with probationary status only within the group of employees having the same full-time or less than full-time status. Otherwise, any employee with permanent status may exercise bumping rights into any position filled by an employee with probationary status anywhere within the agency, if the employee with permanent status meets the required selection criteria for the class.

(f) The appointing authority may also allow employees to bump into lower classes in a class series in addition to any lower class in which the employee had permanent status. The class series bumping option shall be limited to class series that are designated in the layoff notice.

(g) Within 10 working days of the receipt of a proposed layoff notice, the agency shall be contacted by the director with any questions the director may have regarding the layoff, and the proposed layoff shall be reviewed with the secretary of administration. The proposed layoff shall be approved, modified and approved as modified, or rejected by the secretary within 15 working days of the receipt of the proposed layoff notice. The agency shall be notified in writing of the secretary's determination. (Authorized by K.S.A. 1995 Supp. 75-3747; implementing K.S.A. 1995 Supp. 75-2948; effective May 1, 1984; amended Jan. 18, 1994; amended Dec. 17, 1995; amended May 31, 1996.)

1-14-8. Computation of layoff scores. (a) A layoff score shall be computed by the appointing authority for each employee in the agency who has permanent status and who either is in a class of positions identified for layoff or could be affected by the exercise of bumping rights.

(b) Layoff scores shall be computed according to the formula A x L, where A and L have the following values:

(1) A = the average performance review rating of the employee, as described in subsection (d); and

(2) L = the length of service, as defined in K.A.R. 1-2-46 (a), expressed in years, with three months of service equivalent to .25.

Length of service for a retired employee who has returned to work shall be calculated in accordance with K.A.R. 1-2-46 (g). The layoff scores shall be prepared in accordance with a uniform score sheet prescribed by the director.

(c) Layoff scores computed by the appointing authority shall be made available for inspection by each employee upon request at the time the agency gives written notice of a proposed layoff to the director and the secretary pursuant to K.A.R. 1-14-7. Upon request of any employee, the appointing authority shall review the manner in which the employee's score was calculated. Each dispute as to the proper calculation of a layoff score of any employee shall be resolved by the director.

(d) Except as otherwise authorized by this subsection, the performance review ratings used in computing the layoff score of an employee shall be the employee’s five most recent ratings if the employee has as many as five ratings. However, a rating resulting from a special performance review that is given for a rating period ending within 90 calendar days of any notice of the layoff to the director shall not be counted. Performance reviews completed for rating periods ending on or after the date the appointing authority notifies the director in writing that a layoff is to occur shall not be considered in computing layoff scores; however, the appointing authority may designate a uniform earlier cutoff date to identify which performance review ratings are to be used in computing layoff scores.

(1) For the purposes of calculating layoff scores in accordance with the formula established in subsection (b), a rating of “exceptional” shall have a value of seven, a rating of “exceeds expectations” shall have a value of five, a rating of “meets expectations” shall have a value of three, a rating of “needs improvement” shall have a value of one, and a rating of “unsatisfactory” shall have a value of zero.

(2) If an employee does not have a total of five performance review ratings for use in computation of a layoff score, the layoff score shall be an average of the ratings that the employee has actually received.

(3) If an employee has no performance review ratings that may be used to compute a layoff score, the employee shall be deemed to have been given a single performance review rating of “meets expectations,” and the value of that rating shall be used to compute a layoff score. New hires and rehires employed on a basis other than reinstatement who are serving a probationary period and employees in training classes shall be subject to subsections (e), (f), and (g).

(4) If any layoff scores are identical and some, but not all, of the persons with the same score must be laid off, preference among these persons shall be given to any veteran, as defined in K.S.A. 73-201 and amendments thereto, and any orphan, as defined in this paragraph, in that order. For the purpose of this regulation, “orphan” shall mean a minor who is the child of a veteran who died while, and as a result of, serving in the armed forces.

If further ties remain, a method of breaking the ties that is consistent with agency affirmative action goals and timetables for addressing underutilization of persons in protected groups shall be established by the secretary. If further ties remain, preference in retention shall be given to the person with the higher average performance review rating as used in calculating layoff scores in accordance with subsection (b). If a tie still exists, the next preference shall be given to the person with the greatest length of service, as defined in K.A.R. 1-2-46, within that agency. If a tie still exists, the appointing authority shall determine an equitable tie-breaking system.

(e) New hires and rehires with probationary status 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 with probationary status in a position for which no employee subject to layoff meets the required selection criteria may be given permanent status. New hires and rehires with probationary status shall have their probationary period extended until it is certain that no employee with permanent status whose position is to be vacated by layoff or who otherwise would be laid off through the exercise of bumping rights is claiming the position held by the employee with probationary status.

(f) Each employee serving a probationary period as a result of one of the following shall be considered to have permanent status for layoff purposes:

(1) Promotion of an employee who has permanent status;

(2) reallocation of a position if the incumbent has permanent status; or

(3) promotion from a classified position with at least six months of continuous classified service.

(g) Each employee who is in training status in a governor's trainee position, or in any identified training position, and who has at least six months of continuous service shall be considered to have permanent status for layoff purposes only.

(h) The layoff list shall be based on the order of the layoff scores. The person with the lowest layoff score shall be laid off first. If more than one person is to be laid off, the persons to be laid off shall be selected on the basis of the lowest layoff scores

(Authorized by K.S.A. 75-2943, K.S.A. 75-3706, and K.S.A. 2014 Supp. 75-3747; implementing K.S.A. 75-2943, 75-2948, 75-3707, and 75-3746; effective May 1, 1984; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended Dec. 27, 1993; amended Dec. 17, 1995; amended June 5, 2005; amended Oct. 1, 2009; amended Jan. 6, 2017.)

1-14-9. Layoff notice to employee. (a) Any appointing authority proposing a layoff shall give written notice of the proposed layoff to:

(1) each employee in a position identified for layoff or who may be affected by layoff;

(2) each employee that may be laid off through the exercise of layoff bumping rights; and

(3) the director of personnel services.

(b) The notice required under subsection (a) shall be given at least 30 calendar days before the effective date of the proposed layoff.

(c) Written notice of layoff shall be deemed to have been properly given if, at least 30 days prior to the date of layoff:

(1) the notice is personally delivered to the employee by two or more persons or if it is personally delivered to the employee by one person and a written acknowledgement of receipt is obtained from the employee; or

(2) the notice is sent by certified mail, restricted delivery, to the residential address of the employee as shown on the agency's records. (Authorized by K.S.A. 1983 Supp. 75-3747; implementing K.S.A. 1983 Supp. 75-2948; effective May 1, 1984.)

1-14-10. Procedures for bumping and layoff conferences. (a) Bumping shall occur within the layoff group identified in the agency's layoff notice, or agencywide if the agency has not designated a layoff group. If the requirements in paragraphs (a)(1) and (2) have been met, any employee with permanent status, or any employee considered permanent for layoff purposes only, who is scheduled for layoff shall bump only into a lower class in which the employee previously had permanent status, unless the employee's position is in a class that is part of a class series designated by the appointing authority in the agency's layoff notice. If such a class series is designated in the agency's layoff notice, then the employee shall be permitted to bump into a lower class in the class series. Except as authorized by subsection (b), in order for an employee with permanent status to exercise bumping rights, the following requirements shall be met:

(1) The employee to be bumped shall have a lower layoff score than the person exercising the bumping right.

(2) The employee to be bumped shall have the lowest layoff score in that employee's job class of anyone in a position not scheduled for layoff.

(b) No employee with permanent status shall be laid off if all of the following conditions are met:

(1) There is a position filled by a probationary employee anywhere in the agency.

(2) The employee with permanent status scheduled to be laid off is interested in the position.

(3) The employee with permanent status is eligible for transfer or demotion to the position pursuant to K.A.R. 1-6-24 and 1-6-27.

(c) If an agency's layoff notice permits bumping only into lower classes in which an employee had previous permanent status and the class or classes in which the employee had previous permanent status have been abolished, the employee shall be afforded bumping rights to a similar job class in a lower pay grade if a similar job class exists as determined by the director.

(d) Regardless of subsections (a), (b), and (c), subject to the approval of the director, any appointing authority may prevent any classified employee from being laid off if the appointing authority finds that the loss of the employee, due to the employee’s particular knowledge, skills, abilities, certification, licensure, or combination thereof, would substantially impair the agency’s ability to perform its essential operations.

(e)(1) Bumping procedures shall begin as soon as possible after layoff notices have been given pursuant to K.A.R. 1-14-9. The appointing authority or designee shall develop a schedule for an individual conference with each affected employee, starting with the employee having the highest layoff score. The schedule of conferences shall continue in this order until each affected employee has had such a conference.

(2) During the layoff conference, the employee shall be informed of the bumping options available to the employee and of the opportunity to select one such option. The employee may defer the selection no longer than one full working day, unless a longer period of time is authorized by the appointing authority. If an employee is unavailable on the day the employee is scheduled for a layoff conference, the appointing authority shall reschedule the layoff conference. If the employee fails to appear at the rescheduled conference, the appointing agency shall not be required to hold a layoff conference with the employee and the employee shall forfeit bumping rights.

(3) In extenuating circumstances and when deemed to be in the best interest of the state service, group layoff conference sessions may be authorized by the appointing authority.

(f) At the layoff conference, each employee shall be informed of the employee's right to seek reemployment opportunities with the state, including placement assistance provided by the division. Placement assistance shall be available to the affected employee for up to three years after the effective date of the layoff, unless the affected employee requests in writing that the employee does not want placement assistance.

(g) Any employee who is not scheduled for layoff, but whose position will be vacated during the layoff and bumping process, and who refuses to accept a transfer or demotion to another position may request to be laid off voluntarily. Any employee who has been granted a voluntary layoff shall have reemployment rights.

(h) All disputes resulting from the forfeiture of bumping rights shall be resolved by the director.  (Authorized by K.S.A. 2014 Supp. 75-3747; implementing K.S.A. 75-2948; effective May 1, 1984; amended Jan. 18, 1994; amended Dec. 17, 1995; amended May 31, 1996; amended Jan. 6, 2017.)

1-14-11. Furlough. (a) For purposes of this regulation, “furlough” shall mean mandatory leave without pay for a preset number of hours during each pay period covered by the furlough.  There are two types of furloughs.

(1) An administrative furlough is a planned action by an agency that is designed to address budget reductions necessitated by reasons other than a lapse in appropriations.  A furlough plan shall be required for each administrative furlough.

(2) An emergency furlough occurs if there is an immediate or imminent lack of funding to continue agency operations or any emergency that results in an unanticipated interruption of funding to the agency.  In an emergency furlough, an affected agency could have to cease activities that are not excepted by law, typically with very little lead time.  A furlough plan shall not be required for any emergency furlough.

(b) In accordance with this regulation, if an appointing authority deems it necessary, the appointing authority may implement an administrative furlough or an emergency furlough for all employees in the classified or unclassified service in designated classes, positions, organizational units, geographical areas, or any combination of those groups unless specific funding sources necessitate exceptions. An employee's social security and retirement contributions shall be affected under a furlough but all other benefits, including the accrual of vacation and sick leave, shall continue, despite any other regulations to the contrary. A furlough shall not affect the employee's continuous service, length of service, pay increase anniversary date, or eligibility for authorized holiday leave or pay.

(c)(1) For each administrative furlough, at least 30 calendar days before the date the administrative  furlough is to be implemented, the appointing authority shall prepare a furlough plan specifying the following information:

(A) The cause of the funding shortage;

(B) the effective date of the furlough and the date on which the furlough is to end;

(C) the methods for notifying the affected employees;

(D) the amount of advance notice that will be given to affected employees, which shall not be less than 10 calendar days;

(E) the estimated cost savings;

(F) each class, organizational unit, or geographical area to be affected;

(G) the criteria used to select each class, position, organizational unit, or geographical area to be included in the furlough;

(H) any exceptions to the furlough plan based on funding sources; and

(I) the number of hours by which the workweek will be reduced, including separate categories detailing the proposed reduction in hours by standardized increments for exempt and nonexempt employees.

(2) A copy of each furlough plan prepared in accordance with this subsection shall be submitted to the director at least 30 days before the date the administrative furlough is to be implemented.

(d) For each emergency furlough, the affected employees and the director shall be notified by the appointing authority as soon as it is practical to do so.

(e) This regulation shall not be used as a disciplinary action against any employee.  (Authorized by K.S.A. 75-3706, K.S.A. 2013 Supp. 75-3747, and K.S.A. 75-5514; implementing K.S.A. 75-3707, 75-3746, and 75-5505; effective, T-88-5, Feb. 11, 1987; effective T-89-1, May 1, 1988; effective Oct. 1, 1988; amended May 31, 1996; amended June 5, 2005; amended Sept. 12, 2014.)

1-14-12. Layoff procedures for an abolished agency. With the approval of the secretary of administration, alternative procedures to the layoff provisions specified in the regulations may be established by the director if an entire agency is abolished. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-2948; effective Dec. 27, 1993.)

1-14-12a. (Authorized by K.S.A. 75-3706, and K.S.A. 1996 Supp. 75-4370, 75-4371 and 75-4377; implementing K.S.A. 1996 Supp. 75-4370, 75-4371, 75-4372, 75-4373, 75-4374, 75-4375 and 75-4376; effective, T-1-11-21-96, Nov. 21, 1996; effective Feb. 21, 1997; revoked June 7, 2002.)

Article 18 - Employee Awards

Employee Awards

18-1-1. Definition. As used in these regulations, award board and board shall mean the employee award board. (Authorized by and implementing L. 1986, Ch. 320; effective, T-87-26; amended May 1, 1987.)

18-1-2. Service award. (a) All classified and unclassified employees shall be eligible for service awards for 10, 20, 30, and 40 years of service with the state. Recipients shall be actively employed on the state payroll at the time of the award, except that in the case of retired employees the board may make exceptions.

(b) Each agency shall be responsible for determining eligibility of its employees for service awards. The award board reserves the right to formally approve or disapprove an agency's determination of length of service.

(1) For classified employees, length of service shall be counted in the same manner as it is counted in determining length of service under K.A.R. 1-2-46, or in a manner that has been approved by the board.

(2) For unclassified employees, service shall be counted insofar as possible in the same manner as for classified employees.

(c) Each agency shall notify the award board of the number of each type of award to be given by the agency during the fiscal year which begins July 1. Such information shall be prepared on a schedule and in a form prescribed by the board.

(d) The board shall provide each agency with the service awards for their employees in accordance with procedures established by the award board.

(e) Each agency shall arrange for and conduct a presentation ceremony for the purpose of appropriately recognizing and acknowledging the eligible employees for their service dedication to Kansas state government.

(f) Nothing in this regulation shall prevent an agency from having a system of recognizing employees for length of service in addition to the system outlined in this regulation. (Authorized by and implementing L. 1986, Ch. 320; effective, T-87-26; amended May 1, 1987.)

18-2-1. Eligibility to receive award. (a) All state employees, including employees retired under provisions of K.S.A. 74-4901 et seq., shall be eligible to receive cash awards except employees who are members of the award board and employees excluded under L. 1986, Chapter 320, Section 4.

(b) Except as provided in subsection (a), the immediate supervisor of an employee to whom a cash award is made shall be awarded an additional amount subject to provisions of L. 1986, Chapter 320, Section 1 (a). A supervisory cash award shall not be given when a cash award is approved for a retired employee. (Authorized by and implementing L. 1986, Ch. 320; effective, T-87-26; amended May 1, 1987.)

18-2-2. Acceptable suggestions. An acceptable suggestion shall:

(a) Reduce costs, duplication, time, waste, or accidents;

(b) increase productivity or job interest;

(c) improve services, job performance, public relations, or employee morale;

(d) simplify procedures, methods, forms, tools, or organizations; or

(e) conserve human resources, material, money, energy, or natural resources. (Authorized by and implementing L. 1986, Ch. 320; effective, T-87-26; amended May 1, 1987.)

18-2-3. Non-acceptable suggestions. (a) Suggestions related to the following subjects shall not be accepted for consideration:

(1) suggestions which correct a condition that exists only because established procedures are not being followed;

(2) suggestions which have been considered or for which awards have been granted previously;

(3) suggestions which do not propose a method or way to make the improvement;

(4) suggestions which are developed as part of the duties of an employee's position. In determining suggestion acceptability, the employee's job description, assigned duties, and normal performance requirements of his or her position shall be considered in determining whether the suggestion is within or outside his or her job responsibilities;

(5) suggestions concerning routine maintenance of buildings, equipment or grounds which may be reported through regularly established channels. Where sustained complaints have not resulted in correction, the board may consider such a suggestion for an award;

(6) personal complaints or criticisms;

(7) suggestions requiring legislative action. However, if a suggestion which requires legislative action is judged as having merit, the board may forward it to the legislative coordinating council and inform the suggester of this action. If legislation is passed implementing the idea, the suggestion may be considered for an award by the board;

(8) suggestions which were under active consideration by management prior to having been made;

(9) anonymous suggestions; and

(10) suggestions for which the employee received a patent.

(b) Under special circumstances, the award board may authorize exceptions to the provisions of subsection (a) in this regulation. (Authorized by and implementing L. 1986, Ch. 320; effective, T-87-26; amended May 1, 1987.)

18-2-4. Suggestion submission; evaluation; approval. (a) All suggestions shall be submitted to the board in a form prescribed by the board.

(b) (1) Each acceptable suggestion shall be transmitted by the board to the head of the agency or the several agencies identified in the proposed suggestion as implementers of the suggestion and any other agencies as determined by the board. The suggester's name shall not be disclosed by the board while the suggestion is under evaluation.

(2) The agency shall evaluate the suggestion and submit to the board a report of the results of the evaluation. The report shall include a description of the effect of the suggestion on operations, estimated cost reduction or avoidance, whether the suggestion will be implemented by the agency and a recommendation as to the type and amount of any award. The report may include information about improvements in service, public relations, or employee morale expected to result from implementation of the suggestion. The board may use the information in the report and any other information it deems appropriate in considering a suggestion.

(c) (1) A suggestion shall be considered adopted when approved by a majority of the board.

(2) An employee whose suggestion is not adopted may provide additional information and request the board to reconsider its decision. (Authorized by and implementing L. 1986, Ch. 320; effective, T-87-26; amended May 1, 1987.)

18-2-5. Types of award; payment of award. (a) An award for an adopted suggestion may consist of a certificate only, or a certificate plus a cash payment. The amount of a cash payment shall be limited by the provisions of L. 1986, Chapter 320, Section 5 (b). The award board may also give medals or other appropriate insignia.

(b) If it can be determined that the first year's savings were underestimated, a supplemental award may be given to the suggester. It is the responsibility of the suggester to bring such instances to the attention of the board. (Authorized by and implementing L. 1986, Ch. 320; effective, T-87-26; amended May 1, 1987.)

18-2-6. Determination of cash awards for suggestions with intangible benefits. The type of award and the cash amount, if appropriate, shall be determined by the board for suggestions with intangible benefits when the monetary value of the suggestions cannot readily be determined within the limits prescribed by K.A.R. 18-2-5(a). Intangible benefits may be defined to include awards to promote the suggestion awards program. (Authorized by and implementing L. 1986, Ch. 320; effective, T-87-26; amended May 1, 1987.)

18-2-7. Suggestion property rights. (a) Once an award is granted and accepted, the suggestion shall be considered the property of the state of Kansas. (Authorized by and implementing L. 1986, Ch. 320; effective, T-87-26; amended May 1, 1987.)

Article 29 and 30 - Suggestion Awards

Suggestion Awards

1-29-1. (Authorized by and implementing K.S.A. 1980 Supp. 75-2956b; effective, E-81-14, June 12, 1980; effective May 1, 1981; revoked May 1, 1987.)

1-29-2. (Authorized by and implementing K.S.A. 75-2956b; effective, E-81-14, June 12, 1980; effective May 1, 1981; amended May 1, 1986; revoked May 1, 1987.)

1-29-3. (Authorized by and implementing K.S.A. 1982 Supp. 75-2956; effective May 1, 1983; revoked May 1, 1987.)

1-30-1. (Authorized by and implementing K.S.A. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; amended May 1, 1986; revoked May 1, 1987.)

1-30-2. (Authorized by and implementing K.S.A. 1981 Supp. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; revoked May 1, 1986.)

1-30-3. (Authorized by and implementing K.S.A. 75-2956b; effective E-82-14, July 1, 1981; effective May 1, 1982; amended May 1, 1986; revoked May 1, 1987.)

1-30-4. (Authorized by and implementing K.S.A. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; amended May 1, 1986; revoked May 1, 1987.)

1-30-5. (Authorized by and implementing K.S.A. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; amended May 1, 1986; revoked May 1, 1987.)

1-30-6. (Authorized by and implementing K.S.A. 1980 Supp. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; revoked May 1, 1986.)

1-30-7. (Authorized by and implementing K.S.A. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; amended May 1, 1986; revoked May 1, 1987.)

1-30-8. (Authorized by and implementing K.S.A. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; amended May 1, 1986; revoked May 1, 1987.)

1-30-9. (Authorized by and implementing K.S.A. 1981 Supp. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; revoked May 1, 1986.)

1-30-10. (Authorized by and implementing K.S.A. 1981 Supp. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; revoked May 1, 1986.)

1-30-11. (Authorized by and implementing K.S.A. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; amended May 1, 1986; revoked May 1, 1987.)

1-30-12. (Authorized by and implementing K.S.A. 1981 Supp. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; revoked May 1, 1986.)

1-30-13. (Authorized by and implementing K.S.A. 1981 Supp. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; revoked May 1, 1986.)

1-30-14. (Authorized by and implementing K.S.A. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; amended May 1, 1986; revoked May 1, 1987.)

1-30-15. (Authorized by and implementing K.S.A. 1981 Supp. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; revoked May 1, 1986.)

1-30-16. (Authorized by and implementing K.S.A. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; amended May 1, 1986; revoked May 1, 1987.)

1-30-17. (Authorized by and implementing K.S.A. 1981 Supp. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; revoked May 1, 1986.)

1-30-18. (Authorized by and implementing K.S.A. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; amended May 1, 1986; revoked May 1, 1987.)

1-30-19. (Authorized by and implementing K.S.A. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; amended May 1, 1986; revoked May 1, 1987.)

1-30-20. (Authorized by and implementing K.S.A. 1981 Supp. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; revoked May 1, 1986.)

1-30-21. (Authorized by and implementing K.S.A. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; revoked May 1, 1987.)

1-30-22. (Authorized by and implementing K.S.A. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; amended May 1, 1986; revoked May 1, 1987.)

1-30-23. (Authorized by and implementing K.S.A. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; revoked May 1, 1987.)

1-30-24. (Authorized by and implementing K.S.A. 75-2956b; effective, E-82-14, July 1, 1981; effective May 1, 1982; amended May 1, 1986; revoked May 1, 1987.)

Article 63 - Quality Management

1-63-1.State quality management initiative. (a) The state quality management initiative shall focus on customer satisfaction, continuous improvement, and employee involvement.

(b) In order to continually strive towards achieving the highest quality in all aspects of state government, state agencies, employees, administrators, officers and quality teams shall adhere to the state quality program's guiding principles. The four guiding principles shall be:

(1) identify customers and meet their needs and expectations;

(2) involve employees at all levels in problem solving and decision making;

(3) enable employees to change and succeed through appropriate education and training; and

(4) improve processes and remove barriers to create and reinforce continuous improvement.

(c) Each state agency shall prepare an implementation strategy containing proposed activities and quality goals in accordance with the statewide quality management implementation strategy established by the secretary of administration. These strategies shall be submitted to the secretary of administration for approval. (Authorized by and implementing L. 1994, ch. 91, § 1; effective, T-1-9-19-94, Sept. 19, 1994; amended Nov. 21, 1994.)

1-63-2. Quality initiative leadership. (a) The state quality management initiative shall be led by the secretary of administration and shall include the elements listed below:

(1) promoting and assisting the development of implementation strategies by each agency; and

(2) developing and coordinating appropriate training programs for state officers and employees.

(b) The quality management advisory council shall consist of each state agency cabinet secretary and shall advise the secretary of administration on state quality management initiative policy issues.

(c) A state quality management initiative administrative and training office shall be staffed by the division of personnel services. Quality management materials and programs for the state quality program shall be developed and coordinated by the administrative and training office with the approval of the comprehensive management education and training strategy committee. (Authorized by and implementing K.S.A. 1996 Supp. 75-37,115; effective, T-1-9-19-94, Sept. 19, 1994; amended Nov. 21, 1994; amended June 20, 1997.)

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