18A.203 Annual-leave sharing program.
531 words·~2 min read·
/ky/chapter-18a/18a-203A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)The Commonwealth of Kentucky annual leave sharing program is created. An
employee who has accrued an annual leave balance of more than seventy-five
hours may request that the appointing authority of the agency for which the
employee works makes available for transfer a specified amount of his or her annual
leave balance to another named employee authorized to receive leave under
subsection
(2)of this section. The employee may not request a transfer of an
amount of leave that would result in reducing his or her annual leave balance to less
than seventy-five
(75)hours.
(2)An appointing authority, with the approval of the secretary of personnel, may permit
an employee of the agency to receive leave under this section if:
(a)The employee suffers from a catastrophic loss to his or her personal property,
due to either a natural disaster or fire, that either has caused or will likely
cause the employee to go on leave for at least ten
(10)consecutive working
days;
(b)The employee has exhausted his or her accumulated annual leave and
compensatory leave balances; and
(c)The employee has complied with administrative regulations governing the use
of annual leave.
(3)The appointing authority, with the approval of the secretary of personnel, shall
determine the amount of leave, if any, that an employee within his or her agency
may receive under subsection
(2)of this section. Transfers of leave shall not exceed
the amount requested by the recipient.
(4)Leave may be transferred from an employee of one
(1)agency to an employee
within the same agency. With the approval of the secretary of personnel and of the
appointing authorities of both agencies, leave may be transferred from an employee
of one
(1)agency to an employee of another state agency. The Personnel Cabinet
shall maintain records of leave transferred between employees and the utilization of
transferred leave.
(5)While an employee is on leave transferred under this section, he or she shall be
deemed a state employee and shall receive the same treatment with respect to salary,
wages, and employee benefits.
(6)All salary and wage payments made to an employee while on leave transferred
under this section shall be made by the agency employing the person receiving the
leave.
(7)Any leave transferred under this section that remains unused shall be returned to the
employees who transferred the leave when the appointing authority finds that the
leave is no longer needed and will not be needed at a future time in connection with
the catastrophic loss for which the leave was transferred to an employee in his or
her agency.
(8)No employee shall directly or indirectly intimidate, threaten, or coerce, or attempt to
intimidate, threaten, or coerce any other employee for the purpose of interfering
with the employee's right to voluntarily contribute leave when authorized under this
section. For the purpose of this subsection, "intimidate, threaten, or coerce" shall
include, without being limited to, the promise to confer or the conferring of any
benefit or effecting or threatening to effect any reprisal.
(9)The secretary of the Personnel Cabinet shall promulgate procedural administrative
regulations to implement the provisions of this section.