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18A.197 Sick-leave sharing program.
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The Commonwealth of Kentucky sick leave sharing program is created. An
employee who has accrued a sick leave balance of more than seventy-five (75)
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
sick 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 sick leave
balance to less than seventy-five (75) hours.
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 or a member of his or her immediate family suffers from a
medically certified illness, injury, impairment, or physical or mental
condition which has caused, or is likely to cause, the employee to go on
leave for at least ten (10) consecutive working days;
(b) The employee's need for absence and use of leave are certified by a
licensed practicing physician or advanced practice registered nurse;
(c) The employee has exhausted his or her accumulated sick leave, annual
leave, and compensatory leave balances; and
(d) The employee has complied with administrative regulations governing the
use of sick leave.
The appointing authority, with the approval of the secretary of personnel, shall
determine the amount of leave, if any, which 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.
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.
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.
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.
Any leave transferred under this section which 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 illness or injury for which the leave was
transferred to an employee in his agency.
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,
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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.
The secretary of the Personnel Cabinet shall promulgate procedural
administrative regulations to implement the provisions of this section.
Effective:July 15, 2010
History: Amended 2010 Ky. Acts ch. 85, sec. 68, effective July 15, 2010. -Amended 2000 Ky. Acts ch. 97, sec. 3, effective July 14, 2000. -- Amended
1998 Ky. Acts ch. 154, sec. 42, effective July 15, 1998. -- Created 1990 Ky. Acts
ch. 483, sec. 2, effective July 13, 1990.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, C, 2, (2) at 628.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, D, 10, (1) at 636.
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