III, Sec. 6 Fringe benefits

Section 6.01. Fringe Benefits. Employees in full-time positions, with the exception of fee-based and temporary positions, and elected officials of the KCOJ participate in fringe benefit programs provided for Kentucky state government officials and employees. These fringe benefits include but are not limited to, applicable paid leaves, paid holidays, government retirement plan, health and life insurance, and workers' compensation insurance. Employee paid leaves are outlined in Section 7 of these Policies.

Section 6.02. Holidays.

(1) The following days are the typical holidays observed by the KCOJ but are subject to modification by the Chief Justice.

New Year's Day

The first day of January plus one (1) additional day

Martin Luther King, Jr. Day

The third Monday in January

Spring Holiday

One half (1/2) day, to be designated

Memorial Day

The last Monday in May

Juneteenth National Independence Day

The nineteenth day of June

Independence Day

The fourth day of July

Labor Day

The first Monday in September

Presidential Election Day

The first Tuesday after the first Monday in November (when applicable)

Veterans Day

The eleventh day of November

Thanksgiving Day

The fourth Thursday in November plus one (1) additional day

Christmas Day

The twenty-fifth day of December plus one (1) additional day

(2) Unless otherwise determined by the Chief Justice, holidays falling on a Saturday will be observed the preceding Friday and holidays falling on a Sunday will be observed the following Monday.

(3) Each full-time employee who is in paid status the business day immediately preceding a KCOJ-approved holiday is entitled to 7.5 hours of holiday pay.

(4) Employees scheduled to work on a holiday will receive compensatory time on an hour-for-hour basis for each hour worked on the holiday.

(5) Employees on leave of any kind, other than leave without pay by personnel action, will not be required to use leave for a holiday that occurs while they are on paid leave.

(6) Holiday leave cannot be accrued as a separate leave benefit.

Section 6.03. Retirement.

(1) An employee who plans to retire within one year or an employee with 20 or more years of service may attend a retirement seminar or an individual retirement consultation without having to use annual or compensatory leave.

(2) All other interested employees may attend a retirement seminar or an individual retirement consultation but must use either annual or compensatory leave for the time spent attending the seminar or consultation.

(3) Employees must obtain permission to attend a seminar or an individual consultation from their appointing authority or designee.

(4) Travel expenses, including mileage to and from a retirement seminar or an individual retirement consultation, will not be reimbursed.

(5) An employee who wishes to retire with the KCOJ in good standing must notify his or her appointing authority or designee in writing at least 14 calendar days prior to the effective date of retirement. A Circuit Court Clerk who wishes to retire must notify the Chief Circuit Judge in writing and provide a copy to the Chief Justice and the AOC HR Department. A judge who wishes to retire must notify the Governor in writing and provide a copy to the Chief Justice and the AOC HR Department.

(6) An employee who fails to notify his or her appointing authority or designee in writing at least 14 calendar days prior to the effective date of retirement may lose accrued annual leave for each day short of the 14 calendar-day notice unless waived by the appointing authority or designee. If applicable, full-time employees will lose time at the rate of 7.5 hours for each calendar day.

(7) Following review of the employee's record of performance with the KCOJ, the HR Director or designee may designate an employee's retirement as accepted with prejudice, and the employee may not be eligible for rehire. Appropriate documentation will be maintained by the AOC HR Department.

Section 6.04. Health Insurance.

(1) All employees and elected officials who receive fringe benefits as described in Section 6.01 of these Policies are eligible to participate in the health insurance plan offered by the Commonwealth.

(2) Employees will be allowed two paid hours during each open enrollment period to attend one health insurance benefit fair during normal work hours. Time off to attend a health insurance benefit fair must be requested by the employee and authorized by the appointing authority or designee. Travel expenses, including mileage to and from the health insurance benefit fair, will not be reimbursed.

(3) Employees and elected officials covered under a health insurance plan offered by the Commonwealth may qualify for Consolidated Omnibus Budget Reconciliation Act (COBRA) benefits. COBRA allows employees and officials to extend health insurance coverage for themselves or any qualified beneficiary if any of the following qualifying events occur:

(a) Dismissal, except for gross misconduct;

(b) Hours reduced by the employee;

(c) Death of a covered employee;

(d) Divorce or legal separation from the covered employee;

(e) End of dependency status of an eligible dependent; or

(f) Total disability granted by the Social Security Administration.

(4) If any of the qualifying events occur, the employee, elected official, or other eligible beneficiary has 60 days from the qualifying event to apply for COBRA. To ensure timely processing, all applications should be submitted to the COBRA Carrier within 45 days of the qualifying event.

(5) Employees who fail to meet the minimum monthly hours necessary to obtain benefits may be required to repay the state-paid portion of their health and life insurance.

Section 6.05. Workers' Compensation.

(1) Eligibility for Program Services. Employees and elected officials of the KCOJ are eligible to participate in the state's self-insured Workers' Compensation Program, as provided in KRS Chapter 342.

(2) Benefits.

(a) Medical Expenses. Required medical expenses for services provided by hospitals and doctors, and for prescription medications due to a job-related injury or illness are paid subject to approval of a claim.

(b) Absences Due to Job-Related Injury or Illness

(i) A percentage of the employee's average weekly wages will be paid when he or she is unable to work for an extended period due to a job- related injury or illness subject to the approval of the Workers' Compensation claim.

(ii) Compensation will not be payable for the first seven working days of disability unless the disability continues for longer than 14 calendar days, in which case compensation will be allowed from the first day of the disability.

(c) Use of Accrued Sick, Annual, or Compensatory Leave

(i) In cases of absence for six days or less due to illness or injury for which Workers' Compensation benefits are received, an employee may choose to use accrued sick, annual, or compensatory leave in order to maintain regular full salary.

(ii) In cases of absence for seven days or more due to illness or injury for which Workers' Compensation benefits are received, sick leave may be used to make up the difference between the benefits and the employee's regular salary.

(iii) If an employee is eligible for leave restoration under Workers' Compensation benefits, the employee must sign over any Workers' Compensation benefits to the AOC and have their leave restored before being eligible to receive leave under Section 6.05 of these Policies.

(3) Notification Procedures.

(a) Employee Responsibility. Employees who have sustained an on-the-job injury or work-related illness must notify their appointing authority or supervisor as soon as possible after the happening thereof.

(b) Appointing Authority or Designee Responsibilities

(i) The appointing authority or designee must obtain all pertinent information about an employee's work-related injury or illness and immediately report the injury to the AOC HR Department. If the injury occurs during the evening hours or over the weekend, the injury must be reported by phone at the beginning of the next working day.

(ii) The appointing authority or designee shall complete the First Report of Injury or Illness Form, providing specific information about the injury. The form must be submitted to the AOC HR Department within three working days after receiving notification of an injury or illness.

(4) Form Completion.

(a) Employee Responsibilities. If the employee intends to seek medical treatment, the employee must request and complete the Medical Waiver and Consent Form and return it to the AOC HR Department.

(b) Appointing Authority or Designee Responsibilities. The appointing authority or designee is responsible for completing the First Report of Injury or Illness Form when an employee sustains a work-related injury or illness and submitting that information to the AOC HR Department.

Section 6.06. Kentucky Employee Assistance Program

(1) General.

(a) The Kentucky Employee Assistance Program (KEAP) is available to assist employees with problems that affect their job performance, personal life, or general well-being.

(b) The KCOJ is not liable for counseling or treatment costs except for those provided through health benefits. KEAP services for information, assessment, and referral are free of charge to all employees and their families.

(c) Employee involvement in KEAP will remain confidential as required by state and federal law unless the employee provides a written authorization to release the information.

(d) KEAP may be contacted at 502-564-5788 or 800-445-5327. To learn more about KEAP services, visit https://personnel.ky.gov/Pages/KEAP.aspx.

(2) Eligibility for Services.

(a) Any employee whose job performance is or may be adversely affected by personal problems may initiate a request for confidential personal or family services from KEAP.

(b) Any employee obtaining services from KEAP shall do so without discrimination or retaliation.

(c) An employee's participation in KEAP will not prohibit an appointing authority or designee from taking action to resolve unprofessional behavior or job performance deficiencies.

(3) Referrals.

(a) The appointing authority or designee may offer an employee assistance through KEAP if the employee's behavior or work performance is unacceptable or worsening.

(b) An employee's participation in KEAP services will be voluntary and confidential.

(c) An employee may receive an assessment or referral from KEAP during working hours with prior approval from his or her appointing authority or designee.

(d) An employee's participation in counseling or treatment must take place on the employee's time or while on approved leave.