AN ACT relating to paid leave for state employees.

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AN ACT relating to paid leave for state employees. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS 18A.005 TO 18A.200 IS CREATED 3
TO READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Child" means any person who has not reached his or her eighteenth 6
birthday; 7
(b) "Family medical leave" means employer-paid leave for: 8
1. The birth and care of a newborn child; 9
2. Placement of a child with the employee for: 10
a. Adoption; 11
b. Foster care placement; or 12
c. Kinship care placement; or 13
3. A serious health condition that makes the employee unable to perform 14
the functions of his or her job; 15
(c) "Fictive kin" has the same meaning as in KRS 199.011; 16
(d) "Foster care placement" means the placement of a child in a private home 17
to be cared for by a foster family under the supervision of the Cabinet for 18
Health and Family Services; 19
(e) "Kinship care placement" means a temporary placement of a child with a 20
blood relative or fictive kin by a court order; and 21
(f) "Parent" means the mother or father of a child by birth, adoption, foster 22
care placement, or kinship care placement. 23
(2) (a) A classified or unclassified employee employed in a full -time position shall 24
be entitled to a maximum of six (6) weeks of family medical leave. 25
(b) The employee shall be e ligible for family medical leave upon completion of 26
thirty (30) days of service. 27
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(3) (a) The employee shall use the family medical leave provided under subsection 1
(2)(a) of this section within (1) year of the birth, placement of a child, or 2
serious health condition. Any leave not used within one (1) year of the birth, 3
placement of a child, or serious health condition shall lapse. 4
(b) If the employee is expected to have more than one (1) child during a 5
particular pregnancy, or if a placement of a child will result in having more 6
than one (1) child placed with the employee, the leave shall be taken 7
concurrently and treated as one (1) birth or placement. 8
(4) The employee shall be authorized to use his or her allotted family medical leave: 9
(a) As a continuous six (6) week block; or 10
(b) Intermittently throughout the year, so long as the leave is taken in one (1) 11
week blocks. 12
(5) Both parents shall be eligible to use family medical leave concurrently or 13
consecutively for the birth or placement of a child, as defined in subparagraphs 1. 14
and 2. of subsection (1)(b) of this section, if both parents are executive branch 15
employees employed in full-time positions. 16
(6) The employee shall request advance approval to use family medical leave. If the 17
employee cannot provide advance notice, he or she shall provide notice as soon as 18
practicable. 19
(7) The employee shall use family medical leave before using any other accrued 20
leave. 21
(8) Upon completion of the service requirement described in subsection (2)(b) of this 22
section, the e mployee may use family medical leave up to two (2) times within a 23
sixty (60) month period. Family medical leave shall renew every sixty (60) months 24
of service. Renewal shall void any remaining family medical leave balance so that 25
the maximum amount of leav e available pursuant to this section shall not exceed 26
two (2) separate time blocks of six (6) weeks of paid family medical leave during a 27
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sixty (60) month period. 1
(9) The employee may elect to use his or her family medical leave concurrently or 2
consecutively with leave time available under the Family and Medical Leave Act 3
of 1993, 29 U.S.C. sec. 2601 et seq. 4
(10) If an employee leaves a position eligible for family medical leave, any unused 5
balance remaining shall lapse. If that employee returns to a positi on eligible for 6
family medical leave, he or she shall complete the service requirement described 7
in subsection (2)(b) of this section. 8
(11) Upon separation from state service, an employee shall not be paid for any unused 9
family medical leave, and any unuse d balance shall not convert to any other type 10
of leave or benefit, including but not limited to compensation, retirement benefits, 11
or any other type of compensation or benefit otherwise available to state 12
employees. 13
(12) An eligible employee requesting fam ily medical leave shall submit written 14
verification of the birth, placement of a child, or serious health condition to his or 15
her employer. 16
Section 2. KRS 18A.025 is amended to read as follows: 17
(1) The Governor shall appoint the secretary of personnel as provided in KRS 18A.015, 18
who shall be considered an employee of the state. The secretary shall be a graduate 19
of an accredited college or university and have at least five (5) years' experience in 20
personnel administration or in related fields, have known sympathies with the merit 21
principle in government, and shall be dedicated to the preservation of this principle. 22
Additional education may be substitut ed for the required experience and additional 23
experience may be substituted for the required education. 24
(2) The secretary of the Personnel Cabinet or the secretary's designee shall be 25
responsible for the coordination of the state's affirmative action plan established by 26
KRS 18A.138. 27
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(3) There is established within the Personnel Cabinet the following offices, 1
departments, and divisions, each of which shall be headed by either a 2
commissioner, executive director, or division director appointed by the secretary , 3
subject to the prior approval of the Governor pursuant to KRS 12.040 or 12.050, 4
depending on the level of the appointment, except that the Kentucky Employees 5
Deferred Compensation Authority shall be headed by an executive director who 6
shall be appointed by the authority's board of directors: 7
(a) Office of the Secretary, which shall be responsible for communication with 8
state employees about personnel and other relevant issues and for the 9
administration and coordination of the following: 10
1. Office of Employee Relations, composed of the following programs: 11
a. Workers' Compensation Program pursuant to KRS 18A.375; 12
b. Sick Leave Sharing Program, pursuant to KRS 18A.197; 13
c. Annual Leave Sharing Program, pursuant to KRS 18A.203; 14
d. Health and Safety Program; 15
e. Employee Assistance Program; 16
f. Employee Incentive Programs, pursuant to KRS 18A.202; 17
g. Employee Mediation Program;[ and] 18
h. Living Organ Donor Leave Program, pursuant to KRS 18A.194; 19
and 20
i. Family Medical Leave Program, pursuant to Section 1 of this 21
Act; 22
2. Office of Administrative Services, which shall be responsible for the 23
Personnel Cabinet's administrative functions, composed of the following 24
programs: 25
a. Division of Technology Services; 26
b. Division of Human Resources; and 27
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c. Division of Financial Services; 1
3. Office of Legal Services, which shall provide legal services to the 2
Personnel Cabinet and to executive branch agencies and their 3
representatives upon request; 4
4. Office of Diversity, Equality, and Training, which shall coordinate and 5
implement diversity initiatives for state agencies, the affirmative action 6
plan established by KRS 18A.138, the state Equal Employment 7
Opportunity Program, and the Minority Management Trainee Program; 8
5. Governmental Services Center, which shall be responsible for emp loyee 9
and managerial training and organizational development; 10
6. Kentucky Public Employees Deferred Compensation Authority, which 11
shall maintain a deferred compensation plan for state employees; and 12
7. Office of Public Affairs, which shall assist in all as pects of developing 13
and executing the strategic direction of the cabinet; 14
(b) Department of Human Resources Administration, which shall be composed of 15
the: 16
1. Division of Employee Management, which shall be responsible for 17
payroll, records, classification, and compensation. The division shall 18
also be responsible for implementing layoff plans mandated by KRS 19
18A.113 and shall monitor and assist state agencies in complying with 20
the provisions of the federal Fair Labor Standards Act. The division 21
shall: 22
a. Maintain the central personnel files mandated by KRS 18A.020 23
and process personnel documents and position actions; 24
b. Operate and maintain a uniform payroll system and certify 25
payrolls as required by KRS 18A.125; 26
c. Maintain plans of classification and com pensation for state service 27
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and review and evaluate the plans; and 1
d. Coordinate and implement the employee performance evaluation 2
systems throughout state government; and 3
2. Division of Career Opportunities, which shall be responsible for 4
employment counseling, applicant processing, employment register, and 5
staffing analysis functions. The division shall: 6
a. Operate a centralized applicant and employee counseling program; 7
b. Operate, coordinate, and construct the examination program for 8
state employment; 9
c. Prepare registers of candidate employment; and 10
d. Coordinate outreach programs, such as recruitment and the 11
Administrative Intern Program; and 12
(c) Department of Employee Insurance, which shall be responsible for the: 13
1. Health Insurance Program, pursuant to KRS 18A.225; 14
2. Flexible Benefit Plan, pursuant to KRS 18A.227; 15
3. Division of Insurance Administration, which shall be responsible for 16
enrollment and service functions; 17
4. Division of Financial and Data Services, which shall be responsible for 18
fiscal and data analysis functions; and 19
5. Life Insurance Program pursuant to KRS 18A.205 to 18A.220. 20
(4) The cabinet shall include principal assistants appointed by the secretary, pursuant to 21
KRS 12.050 or 18A.115(1)(g) and (h), as necessary for the development and 22
implementation of policy. The secretary may employ, pursuant to the provisions of 23
this chapter, personnel necessary to execute the functions and duties of the 24
department. 25
Section 3. KRS 18A.110 is amended to read as follows: 26
(1) The secretary shall promulgate comprehensive administrative regulations for the 27
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classified service governing: 1
(a) Applications and examinations; 2
(b) Certification and selection of eligibles; 3
(c) Classification and compensation plans; 4
(d) Incentive programs; 5
(e) Layoffs; 6
(f) Registers; 7
(g) Types of appointments; 8
(h) Attendance; hours of work; compensatory time; annual, court, military, sick, 9
voting, family medical leave, as provided in Section 1 of this Act, living 10
organ donor, and special leave s of absence, provided that the secretary shall 11
not promulgate administrative regulations that would reduce the rate at which 12
employees may accumulate leave time below the rate effective on December 13
10, 1985; and 14
(i) Employee evaluations. 15
(2) The secretary shall promulgate comprehensive administrative regulations for the 16
unclassified service. 17
(3) (a) Except as provided by KRS 18A.355, the secretary shall not promulgate 18
administrative regulations that would reduce an employee's salary; and 19
(b) As provided by KRS 18A.0751(4)(e), the secretary may submit a proposed 20
administrative regulation providing for an initial probationary period in excess 21
of six (6) months to the board for its approval. 22
(4) The secretary may promulga te administrative regulations to implement state 23
government's affirmative action plan under KRS 18A.138. 24
(5) (a) The administrative regulations shall comply with the provisions of this 25
chapter and KRS Chapter 13A, and shall have the force and effect of law after 26
compliance with the provisions of KRS Chapters 13A and 18A and the 27
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procedures adopted thereunder; 1
(b) Administrative regulations promulgated by the secretary shall not expand or 2
restrict rights granted to, or duties imposed upon, employees and 3
administrative bodies by the provisions of this chapter; and 4
(c) No administrative body other than the Personnel Cabinet shall promulgate 5
administrative regulations governing the subject matters specified in this 6
section. 7
(6) Prior to filing an administrative r egulation with the Legislative Research 8
Commission, the secretary shall submit the administrative regulation to the board 9
for review. 10
(a) The board shall review the administrative regulation proposed by the secretary 11
not less than twenty (20) days after its submission to it; 12
(b) Not less than five (5) days after its review, the board shall submit its 13
recommendations in writing to the secretary; 14
(c) The secretary shall review the recommendations of the board and may revise 15
the proposed administrative regulation if he or she deems it necessary; and 16
(d) After the secretary has completed the review provided for in this section, he or 17
she may file the proposed administrative regulation with the Legislative 18
Research Commission in accordance with[pursuant to the provisions of] KRS 19
Chapter 13A. 20
(7) The administrative regulations shall provide: 21
(a) For the preparation, maintenance, and revision of a position classification plan 22
for all positions in the classified service, based upon similarity of duties 23
performed and responsibilities assumed, so that the same qualifications may 24
reasonably be required for, and the same schedule of pay may be equitably 25
applied to, all positions in the same class. The secretary shall allocate the 26
position of every employee in the classified service to one (1) of the classes in 27
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the plan. The secretary shall reallocate existing positions, after consultation 1
with appointing authorities, when it is determined that they are incorrectly 2
allocated, and there has been no substantial change in duti es from those in 3
effect when such positions were last classified. The occupant of a position 4
being reallocated shall continue to serve in the reallocated position with no 5
reduction in salary; 6
(b) For a pay plan for all employees in the classified service, after consultation 7
with appointing authorities and the state budget director. The plan shall take 8
into account such factors as: 9
1. The relative levels of duties and responsibilities of various classes of 10
positions; 11
2. Rates paid for comparable positions el sewhere taking into consideration 12
the effect of seniority on such rates; and 13
3. The state's financial resources. 14
Amendments to the pay plan shall be made in the same manner. Each 15
employee shall be paid at one (1) of the rates set forth in the pay plan for the 16
class of position in which he or she is employed, provided that the full amount 17
of the annual increment provided for by the provisions of KRS 18A.355, and 18
the full amount of an increment due to a promotion, salary adjustment, 19
reclassification, or reallocation, shall be added to an employee's base salary or 20
wages; 21
(c) For the advertisement and acceptance of applications for at least five (5) days 22
for those positions to be filled by classified appointment or promotion. The 23
secretary may continue to recei ve applications and review applicants on a 24
continuous basis long enough to ensure a sufficient number of applicants; 25
(d) For the rejection of candidates or eligibles who fail to comply with reasonable 26
requirements of the secretary in regard to such factors as age, physical 27
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condition, training, and experience, or who have attempted any deception or 1
fraud in connection with an examination; 2
(e) Except as provided by this chapter, for the appointment of a person whose 3
score is included in the five (5) highest scores earned on the examination; 4
(f) For annual, sick, and special leaves of absence, with or without pay, or 5
reduced pay, after approval by the Governor as provided by KRS 6
18A.155(1)(d); 7
(g) For layoffs, in accordance with the provisions of KRS 18A.113, b y reasons of 8
lack of work, abolishment of a position, a material change in duties or 9
organization, or a lack of funds; 10
(h) For the development and operation of programs to improve the work 11
effectiveness of employees in the state service, including training , whether in-12
service or compensated educational leave, safety, health, welfare, counseling, 13
recreation, employee relations, and employee mobility without written 14
examination; 15
(i) For a uniform system of annual employee evaluation for classified employees, 16
with status, that shall be considered in determining eligibility for discretionary 17
salary advancements, promotions, and disciplinary actions. The administrative 18
regulations shall: 19
1. Require the secretary to determine the appropriate number of job 20
categories to be evaluated and a method for rating each category; 21
2. Provide for periodic informal reviews during the evaluation period 22
which shall be documented on the evaluation form an d pertinent 23
comments by either the employee or supervisor may be included; 24
3. Establish a procedure for internal dispute resolution with respect to the 25
final evaluation rating; 26
4. Permit a classified employee, with status, who receives either of the two 27
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(2) lowest possible evaluation ratings to appeal to the Personnel Board 1
for review after exhausting the internal dispute resolution procedure. 2
The final evaluation shall not include supervisor comments on ratings 3
other than the lowest two (2) ratings; 4
5. Require that an employee who receives the highest possible rating shall 5
receive the equivalent of two (2) workdays, not to exceed sixteen (16) 6
hours, credited to his or her annual leave balance. An employee who 7
receives the second highest possible rating shal l receive the equivalent 8
of one (1) workday, not to exceed eight (8) hours, credited to his or her 9
annual leave balance; and 10
6. Require that an employee who receives the lowest possible evaluation 11
rating shall either be demoted to a position commensurate w ith the 12
employee's skills and abilities or be terminated; and 13
(j) For other administrative regulations not inconsistent with this chapter and 14
KRS Chapter 13A, as may be proper and necessary for its enforcement. 15
(8) For any individual hired or elected to of fice before January 1, 2015, and paid 16
through the Kentucky Human Resources Information System, the Personnel 17
Cabinet shall not require payroll payments to be made by direct deposit or require 18
the individual to use a web-based program to access his or her salary statement. 19
(9) To the extent that KRS 16.010 to 16.199, 16.080, and 16.584 and administrative 20
regulations promulgated by the commissioner of the Department of Kentucky State 21
Police under authority granted in KRS Chapter 16 conflict with this section or any 22
administrative regulation promulgated by the secretary pursuant to authority 23
granted in this section, the provisions of KRS Chapter 16 shall prevail. 24
Section 4. Incumbent employees in full -time positions who have at least 30 25
days of service as of the effective date of this Act shall be immediately eligible for family 26
medical leave. 27
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Section 5. The judicial and legislative branches of state government may adopt 1
a family medical leave policy for their employees pursuant to Section 1 of this Act. 2