III, Sec. 5 Workplace regulations

Section 5.01. Minimum Age of Employment. No appointing authority or designee in the KCOJ may employ a minor.

Section 5.02. Hours of Business and Work Time.

(1) Business office hours may vary according to specific offices and work assignments. The appointing authority or designee will discuss exact business hours and work schedules with each employee.

(2) The business week for permanent full-time employees is 37.5 hours.

(3) Employees may not work any hours in excess of the prescribed hours of duty unless authorized by the appointing authority or designee.

(4) Employees will not work seven consecutive days in any business week unless the employee receives prior written authorization from the appointing authority or designee. The KCOJ business week is Sunday through Saturday.

(5) Employees working seven consecutive days in any single business week will be compensated at the rate of time and one-half for all hours worked on the seventh day if they have worked at least 40 hours during that week.

(6) Part-time employees must work 80 hours or less within a calendar month and cannot exceed this amount except under extraordinary circumstances and only with prior written approval from the AOC Director or designee, or the HR Director. An employee in a part-time position will not be approved to work more than 99.5 hours in a calendar month.

(7) All employees must be permitted a reasonable unpaid break for a meal no sooner than the third nor later than the fifth hour of work unless the employee and appointing authority or designee have mutually agreed on an alternative arrangement.

(8) All employees must be permitted a paid 10-minute rest period during each four hours worked as prescribed by law.

(9) Compensatory Time.

(a) The appointing authority or designee must comply with the compensatory leave provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., and the Kentucky Wages and Hours Law, KRS Chapter 337. An employee who works more than 37.5 hours per week must receive compensatory time subject to the provisions of the FLSA, the Kentucky Revised Statutes, and these Policies.

(b) An employee who is authorized to work in excess of the prescribed hours of duty will receive compensatory time as follows:

(i) On an hour-for-hour basis for hours worked in excess of 37.5 hours and up to 40 hours during the business week; and

(ii) One and one-half hours for every hour worked during the business week in excess of 40 hours.

(c) No employee will be permitted to work in excess of 12 hours in one day without prior approval from the appointing authority or designee.

(d) Compensatory time earned will be retained, used, and paid as compensatory leave as outlined in Section 7.04 of these Policies.

Section 5.03. Payroll.

(1) The KCOJ is required by law to make specific deductions from payroll checks. The mandatory deductions are federal, state, and local taxes; Federal Insurance Contribution Act (FICA) tax; state retirement, if applicable; and court-ordered deductions.

(2) Additional deductions may be requested in writing to the AOC HR Department or via electronic enrollment.

(3) Payroll dates are the 15th and 30th of each month unless those dates fall on a holiday or weekend, in which case the pay date will be the last business day preceding the payroll date.

(4) All employees and elected officials must enroll in direct deposit.

(5) An employee who has received an overpayment affecting his or her W-2 earnings, taxes, retirement contributions, and other deductions must notify the AOC of the overpayment and return it immediately. Adjustments to earnings, taxes, and other funds, including those requiring a corrected W-2, will not be made until full payment has been received.

Section 5.04. Timesheets.

(1) Employees are Paid on an Hour-for-hour Basis. Each full-time, part-time, and temporary employee must accurately complete a timesheet to report the hours worked. The timesheet must be submitted within the scheduled deadline provided by the AOC HR Department. These deadlines will be scheduled in accordance with payroll pay periods.

(a) An employee's failure to submit a timesheet within the required period may result in future withholding of wages until hours worked can be verified and, therefore, earned.

(b) Any employee who knowingly submits a timesheet that reflects incorrect work time is considered to have falsified records. The act of submitting and/or obtaining pay for falsified work time may result in discipline up to and including dismissal.

(c) Any employee who repeatedly fails to report work time according to the communicated deadline may be subject to discipline up to and including dismissal.

(2) The appointing authority or designee must review and approve or deny the timesheet for each employee.

(a) Appointing authorities have a duty and responsibility to ensure employee work time is in compliance with the provisions of the FLSA, the Kentucky Revised Statutes, and these Policies.

(b) Failure to approve an employee's timesheet may result in future withholding of that employee's wages until worked hours can be verified.

(c) In cases of an extended employee absence preventing the submission of a completed timesheet, the appointing authority or designee must confirm the employee's work time and report it to the AOC HR Department for payroll processing.

(3) Elected officials do not complete or submit a timesheet.

Section 5.05. Absence Due to Inclement Weather.

(1) When inclement weather conditions prevent an employee from reporting to work at the normal time or when an employee decides not to report for work or to leave work early due to weather conditions, the following apply:

(a) Employees may be directed to perform official duties at another location.

(b) Employees must use accrued annual and/or compensatory leave for a late arrival, missed workday, or early departure.

(c) If an employee does not have sufficient annual and/or compensatory leave to cover his or her absence, the employee may choose one of the following options:

(i) The employee may take leave without pay for the late arrival, missed workday, or early departure; or

(ii) If operational needs allow, appointing authorities should make every reasonable effort to arrange schedules to allow employees to make up time not worked. An employee has four months from the occurrence of the absence to make up any time missed due to inclement weather. At the end of the four-month period, any time missed due to inclement weather will be deducted first from available compensatory leave and then from available annual leave. If the employee has no compensatory or annual leave available, the employee will have the missed time charged to leave without pay. If the employee transfers to another branch of government or is no longer employed by the KCOJ before the missed time is made up, the missed time will be deducted first from available compensatory leave and then from available annual leave or deducted from the employee's final pay.

(2) Any employee who is scheduled off work on annual leave, compensatory leave, or sick leave that was arranged prior to the inclement weather must use the leave as originally approved.

Section 5.06. Facility and Office Closures.

(1) The courts of the Commonwealth and AOC offices are open to the public during regular business hours every day except as noted in the holiday schedule in Section 6.02 of these Policies. However, extraordinary circumstances, including inclement weather, may prevent access to a court facility or AOC office or make use of the court facility or AOC office impractical or impossible, thus necessitating a closure.

(2) The Chief Circuit Judge, after conferring with the Chief District Judge and the Circuit Court Clerk, will decide whether a court facility will be closed in the circuit.

(3) The AOC Director or designee, after consultation with the Chief Justice, will decide whether an AOC office will be closed.

(4) If a court facility or AOC office is closed due to extraordinary circumstances, the following applies:

(a) Employees may be directed to perform official duties during the closure.

(b) Full-time and part-time employees will be approved to use special leave for a maximum of 7.5 hours, less any hours actually worked, for each day the court facility or AOC office is closed. Part-time employees may only use special leave for the hours they were scheduled to work on the day the court facility or AOC office is closed.

(c) Any employee who is on paid or unpaid leave that was arranged prior to the closure must use the leave as originally requested.

(5) The Chief Circuit Judge must notify the AOC HR Department, in writing within two business days of the date, time, location, and reason for the closure. Failure to properly notify the AOC HR Department will result in the loss of special leave for employees.

(6) Nothing in Section 5.06(2) of these Policies shall preclude an individual Judge within a circuit from holding court in instances of extraordinary circumstances. If a judge holds court when a court facility has been closed due to extraordinary circumstances, the Circuit Court Clerk shall have the sole responsibility for providing court staff from his or her office.

(7) If a court facility is closed by the Chief Circuit Judge, AOC personnel whose workstations are located in the closed court facility shall notify their appointing authority or designee. The AOC Director or designee will determine whether they should report to an alternate workstation, work remotely, or are approved use of special leave in the manner provided in Section 5.06(4).

Section 5.07. Tenured Employee Evaluations.

(1) The appointing authority or designee may conduct an annual written evaluation for each tenured employee. The employee must be provided a copy of the evaluation upon completion.

(2) If electing to conduct annual written evaluations, they must be completed without bias or prejudice based on the protected classes as identified in Section 3.02(3)(a) of these Policies.

(3) The appointing authority or designee should review and discuss the evaluation with the employee. The employee must sign the evaluation and be given the opportunity to provide a written response.

(4) The appointing authority or designee must forward the signed evaluation and the employee's written response, if any, to the AOC HR Department for filing in the employee's official personnel file. Employee evaluations are not subject to the grievance or appeal procedures set forth in Section 8 of these Policies.

Section 5.08. Personnel Files.

(1) General

(a) The official personnel files of the KCOJ are open to public inspection only as provided below.

(b) The official personnel files will be maintained by the AOC HR Department.

(i) Each elected official and employee will have an official personnel file.

(ii) Certain appointed officials may have an official personnel file maintained for the limited purpose as required by law.

(iii) Official personnel files will not be removed from the AOC HR Department unless required by court order.

(2) Official Personnel Files.

(a) Each employee's official personnel file will include, but not be limited to, information regarding his or her name and name changes; address and address changes; title of positions held; classifications; and rates of compensation, including any documentation related to any change in compensation.

The official personnel file also will include the following:

(i) A copy of the employee's application and resumé and all changes in the employee's status, including a copy of any evaluations, promotions, demotions, layoffs, transfers, or disciplinary actions, and the employee's written responses;

(ii) The employee's commendations and awards;

(iii) A copy of all PAR forms and memoranda; and

(iv) A signed acknowledgment of having received the KCOJ Personnel Policies and internal policies.

(b) All employee medical information must be forwarded to the AOC HR Department. Medical records supplied to or received by the AOC HR Department will be maintained in a separate file from the employee's official personnel file. The release or inspection of any medical records will be in strict compliance with applicable law.

(c) The appointing authority or designee must provide the AOC HR Department with any disciplinary actions and the employee's written response, if any, for the employee's official personnel file.

(d) The appointing authority or designee will have access to personnel files of the employees and the applicants for employment in his or her office.

(e) Upon request, an employee, former employee, or applicant shall have the right to inspect and to copy his or her official personnel file or application. Employees may comment in writing on any item in their personnel file. All comments will be made part of the official personnel file and attached to the specific record or document at issue.

(3) Inspection Procedures.

(a) An employee's request to personally inspect his or her official personnel file must be submitted to the AOC HR Department in writing.

(b) The following information contained in personnel files may be inspected only upon valid court order:

(i) Information of a personal nature regarding another employee or any other person where public disclosure would constitute a clearly unwarranted invasion of personal privacy;

(ii) Information that is prohibited by federal law or regulation from disclosure; and

(iii) Information that is prohibited or restricted from disclosure or otherwise made confidential by the statutes and court rules of this Commonwealth.

(4) Third-Party Requests.

(a) All third-party requests for employment information must be submitted in writing to the AOC HR Department and clearly identify the current or former KCOJ employee or official. In response, the AOC HR Department will release a form AOC-PER-6.5, Employee Information for Public Release (Third Party Request). Form AOC-PER-6.5 will contain only the following information:

(i) The employee's name;

(ii) The employee's dates of employment, including date of hire and separation, if any;

(iii) If the employee has separated from the KCOJ, the reason for separation as one of the following: resigned, retired, or dismissed;

(iv) A listing of all position titles the employee has held and the effective dates of each;

(v) A listing of all classifications assigned to the employee and the effective dates of each; and

(vi) A listing of all rates of compensation assigned to the employee and the effective dates of each.

(b) The AOC HR Department will provide written notice to employees and to elected or appointed officials of any third-party request for personnel information.

(5) Personnel files or information contained therein requested by administering state agencies for the purpose of employee benefits administration, such as retirement, health insurance, and workers' compensation, will be provided to ensure continuity of benefits.

Section 5.09. Dress Code.

(1) Employees must dress appropriately and maintain a professional appearance during all working hours and at all functions while representing the KCOJ. Prohibited attire includes, but is not limited to, clothing exhibiting inappropriate language or graphic depiction of hate, discrimination, sexual innuendo, alcohol or drugs; flip flops or shoes made entirely of rubber or plastic; shorts or skorts of any variety or material; and excessively tight or revealing clothing.

(2) Professional appearance is determined by the workplace setting and job duties to be performed.

(3) Any questions or concerns about the appropriateness of an employee's appearance should be directed to the employee's appointing authority or designee.

Section 5.10. Work-Related Travel.

(1) All reimbursement for travel expenses incurred during the performance of official duties will be in accordance with AP Part VII, Financial Services, Section III, Reimbursement for Official Travel, available on the HR Intranet site and from the AOC HR Department.

(2) Use of Vehicles for the Performance of Job Duties

(a) For purposes of Section 5.10 of these Policies and as otherwise indicated in these Policies, “vehicle” includes motor or electric vehicles and motorcycles used to travel on roadways, and a “KCOJ vehicle” is one that is leased, owned, or reserved for use by KCOJ officials and employees.

(b) An employee who operates or has permission to operate a vehicle in the performance of their official duties must:

i) Have a valid and current operator's license appropriate for the class of vehicle driven;

ii) Operate the vehicle in a safe and professional manner, exhibiting courteous and professional driving skills at all times;

iii) Obey all federal, state, and local traffic laws;

iv) Comply with these Policies and any other policies, standards, or guidelines associated with the use of a personal or KCOJ vehicle in the performance of their job duties;

v) Execute any and all user agreements and/or acknowledgments associated with the use of a KCOJ vehicle;

vi) Be free of impairment, including but not limited to, illness, injury, fatigue, alcohol, illicit or prescribed drugs, at the time of operation;

vii) Refrain from using handheld devices while in a traffic lane and/or the vehicle is engaged in “Drive”;

viii) Not permit anyone other than authorized KCOJ officials or employees to ride in or operate a KCOJ vehicle;

ix) Promptly and accurately report any accidents or damage involving a KCOJ vehicle in accordance with the Fleet Vehicle User Agreement and Acknowledgment; and

x) Promptly and accurately report to their appointing authority or supervisor any accident involving a personal vehicle that occurs while performing official duties.

c) Post-Accident Reporting. Drug and/or alcohol testing may be required pursuant to Section 3.07(5) of these Policies following any accident or damage involving a vehicle that occurs while performing official duties.

d) An employee who is expected to operate a vehicle in the performance of their official duties must immediately notify their supervisor and discontinue use of any vehicles if their operator's license becomes suspended or revoked for any reason.

e) Authorization for an employee to use a KCOJ vehicle for the performance of their official duties may be suspended or revoked for violation of the Fleet Vehicle User Agreement and Acknowledgment.

(f) Authorization for an employee to use a personal vehicle in the performance of their official duties may be suspended or revoked by the appointing authority or designee for failure to comply with these Policies.

(g) Conduct resulting in the suspension or revocation of use of a vehicle in the performance of the employee's official duties may result in discipline up to and including dismissal.

Section 5.11. Solicitation.

(1) Employees must seek prior approval from their appointing authority or designee prior to soliciting other employees or the public for any charitable purpose in the workplace.

(2) The appointing authority or designee may only approve employee solicitations of a charitable nature and purpose and may not approve any solicitation request that is for the personal benefit or profit of the employee.

Section 5.12. Animals. Except as provided under Section 3.05(7) of these Policies, animals are not permitted in the workplace.

Section 5.13. Tobacco Use. Tobacco use, including but not limited to cigarettes, electronic cigarettes, vapes, and smokeless tobacco products, is prohibited inside all workplaces leased, owned, or reserved for use by the KCOJ and may only be used outdoors in designated areas.