III, Sec. 7 Leave policies

Section 7.01. Months of Service. Only those months for which an employee has worked or been on paid leave for at least 100 hours will be eligible for computing months of service for the purpose of earning annual or sick leave. An employee must be employed for one full calendar month to be eligible to accrue a month of service.

Section 7.02. Annual Leave.

(1) Accrual of Annual Leave for Full-Time Employees. Full-time employees earn annual leave at the following rates:

Months (Years) of Service

Annual Leave Hours (Days) Accrued

0-59 months

(0-5 years)

7.50 hours

(1 day) per month

60-119 months

(5-10 years)

9.38 hours

(1.25 days) per month

120-179 months

(10-15 years)

11.25 hours

(1.50 days) per month

180-239 months

(15-20 years)

13.13 hours

(1.75 days) per month

240 months & over

(20+ years)

15.00 hours

(2.00 days) per month

(2) Retention of Annual Leave.

(a) Annual leave may be accrued and carried forward from one calendar year to the next, not to exceed:

Months (Years) of Service

Maximum Annual Hours (days)

0-59 months

(0-5 years)

225 hours

(30 days)

60-119 months

(5-10 years)

277.5 hours

(37 days)

120-179 months

(10-15 years)

337.5 hours

(45 days)

180-239 months

(15-20 years)

390 hours

(52 days)

240 months & over

(20+ years)

450 hours

(60 days)

(b) Accrued annual leave in excess of the above maximum amounts will be converted to sick leave at the end of each calendar year or upon the employee's separation from employment, if applicable.

(3) Use of Annual Leave

(a) An employee must obtain approval from his or her appointing authority or designee prior to the use of annual leave, except as noted in Section 7.02(3)(c) of these Policies.

(b) Use of annual leave will be granted by the appointing authority or designee based on operating requirements and, if possible, as requested by the employee. However, if an employee has accrued 120 or more hours of compensatory leave at the time the approved leave is used, the approved annual leave will first be designated as compensatory leave. See Section 7.04 of these Policies.

(c) Absence due to sickness, injury, or disability that exceeds an employee's accrued sick leave balance may be charged against annual leave.

(d) An employee may use annual leave for any absence on a day in which the employee would otherwise work and receive pay.

(e) Absence for part of a workday that is used as annual leave must be reported in 15-minute increments (.25 hours).

(4) Payment of Unused Accrued Annual Leave.

(a) Employees in good standing will be paid in a lump sum for annual leave, not to exceed the maximum amounts set forth in the table under Section 7.02(2)(a) of these Policies, when separated from employment by resignation, layoff, dismissal, or retirement.

(b) Elected officials who accrued annual leave prior to being sworn into elected office will be paid for their unused annual leave at the time they take office.

(c) Upon the death of an employee, his or her estate will be entitled to payment for the unused portion of the employee's annual leave.

(d) An employee separated from employment by layoff will be entitled to payment for the entire unused portion of the employee's annual leave.

Section 7.03. Sick Leave.

(1) Accrual of Sick Leave.

(a) Permanent full-time employees accrue sick leave at the rate of 7.5 hours per month. Permanent full-time employees must work or be on paid leave for at least 100 hours in a month in order to accrue sick leave.

(b) Permanent full-time employees who complete 120 months, or 10 years, of total service in Kentucky state government will accrue an additional 75 hours of sick leave on the first day of the month following completion of 120 months of service.

(c) Permanent full-time employees who complete 240 months, or 20 years, of total service in Kentucky state government will accrue another 75 additional hours of sick leave upon the first day of the month following completion of 240 months of service.

(d) Sick leave may be accrued with no set maximum.

(2) Retention of Sick Leave.

(a) Employees transferring to the KCOJ from another branch of state government will be credited with their accrued sick leave after submitting the appropriate documentation to the AOC HR Department.

(b) Upon retirement, an employee will be credited for sick leave in accordance with the state retirement system's regulations and policies.

(c) Upon resignation, layoff, or dismissal, sick leave will not be paid out.

(d) Former employees who are reinstated or rehired will have their unused sick leave balances restored, with the exception of employees retired from a state position within the Kentucky Public Pensions Authority.

(3) Use of Sick Leave.

(a) Except in cases of emergency or unforeseen illness, employees must request approval to use sick leave in advance, including but not limited to, medical, dental, or optical examinations.

(b) Employees must notify their immediate supervisor or designee as soon as possible in the event of an emergency or unforeseen illness.

(c) An appointing authority or designee will grant the use of sick leave when an employee:

(i) Is unable to work due to medical, dental, or optical examination or treatment;

(ii) Is sick or injured;

(iii) Is required to care for or transport a member of his or her family in need of medical attention;

(iv) Would jeopardize the health of himself or herself or others at his or her workstation because of exposure to a contagious disease or demonstration of behavior that might endanger the employee or others; or

(v) Experiences the death of a member of his or her family or other relatives of close association as outlined under Section 7.10 of these Policies.

(d) The appointing authority or designee may require the employee to provide a treatment provider's statement certifying the employee's need to use sick leave. Failure to provide a treatment provider's statement when requested may result in unauthorized leave without pay and/or discipline up to and including dismissal.

(e) Upon returning to work from use of sick leave, the appointing authority or designee must return the employee to his or her former position.

(f) Absence for part of a workday that is being used as sick leave must be reported in 15-minute increments (.25 hours).

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

(h) Even if a request for family and medical leave is not submitted pursuant to Section 7.05(3) of these Policies, an employee's absence from work may be designated by the AOC HR Department as family and medical leave if the appointing authority or designee or AOC HR Department has sufficient information that the employee is otherwise eligible for family and medical leave pursuant to Section 7.05(2)(a)-(h) of these Policies. Neither the employee nor the KCOJ may decline or delay a family and medical leave designation once an eligible employee has communicated a need to take leave for a reason listed in Section 7.05(2)(b)(i-viii) of these Policies.

(4) Sick Leave Sharing.

(a) General

(i) Sick leave may be donated from one state employee to another, including employees from another branch of government. All salary and wage payments donated under Section 7.03(4) of these Policies to an employee while on sick leave will be paid by the agency employing the person who receives the donated leave.

(ii) Requests to donate or receive sick leave must be made in writing to the AOC HR Department. The AOC HR Department will maintain records of sick leave donations and employees' receipt and use of donated sick leave.

(iii) Hours donated through the sick leave sharing program are to be used only for long-term, continuous absences. Sick leave sharing hours may not to be used for intermittent absences.

(iv) An employee on shared sick leave will receive the same benefits as an employee on regular sick leave as described in Section 7.03(3) of these Policies.

(v) The AOC HR Department may require an employee receiving sick leave sharing to provide initial and periodic medical certifications from his or her treating physician or advanced practice registered nurse showing the employee's continued need for sick leave due to an inability to perform the essential functions of his or her work duties.

(vi) No employee shall directly or indirectly intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce any other employee for the purpose of interfering with the employee's right to voluntarily contribute sick leave when authorized under Section 7.03 of these Policies. For the purpose of Section 7.03(4) of these Policies, “intimidate, threaten, or coerce” includes, but is not limited to, promising to give or giving a benefit or affecting or threatening to affect any reprisal.

(b) Responsibilities of Employee Requesting Sick Leave Sharing

(i) An employee requesting sick leave sharing must complete and submit form AOC-PER-7.03(4), Sick Leave Sharing Recipient Form, to his or her appointing authority or designee for approval and signature. The appointing authority or designee will submit form AOC-PER-7.03(4) to the AOC HR Department for review and approval.

(ii) The AOC HR Department will send out a notification based on form AOC-PER-7.03(4).

(iii) An employee may receive a maximum of 1,950 hours per qualifying event.

(iv) The employee must return to work at the end of the approved sick leave sharing period. Before returning to work, the employee must provide a medical release from a licensed physician to the appointing authority or designee and the AOC HR Department.

(v) Upon receipt of the medical certification allowing the employee to return to work full time, any remaining balance of donated sick time will be returned to the donor at the end of the month.

(c) Request to Receive Sick Leave Sharing. An appointing authority or designee, including an elected official, may permit an employee to receive donated sick leave under Section 7.03 of these Policies if:

(i) The employee or a member of his or her family suffers from a medically-certified illness, injury, impairment, or physical or mental condition that has caused, or is likely to cause, the employee to be on leave for at least ten consecutive workdays;

(ii) The employee's need for absence and use of leave are certified by a licensed practicing physician or advanced practice registered nurse;

(iii) The employee has exhausted his or her sick, annual, holiday, and compensatory leave; and

(iv) The employee has complied with these Policies regarding the use of sick leave.

(d) Request to Donate Sick Leave

(i) Employees who have 82.5 or more hours of sick leave may donate 7.5 or more hours of their sick leave to another employee who is authorized to receive sick leave under Section 7.03(4)(c) of these Policies. Employees donating sick leave must maintain a minimum balance of 75 sick leave hours.

(ii) Sick leave donations to a KCOJ employee must be made by the donating employee on his or her timesheet. Sick leave donations to an employee in another branch of government must be made on form AOC-PER-7.03, Sick Leave Sharing Donor Form, and given to the appointing authority or designee for review and signature. The appointing authority or designee will forward the signed form AOC-PER- 7.03to the AOC HR Department.

(iii) The donated sick leave will be subtracted from the donating employee's sick leave balance in the month of donation.

(iv) An employee donating sick leave is responsible for ensuring that his or her timesheet appropriately reflects the donation. The donating employee must contact the AOC HR Department within the month of donation to correct any errors on his or her timesheet.

(5) Sick Leave Abuse.

(a) Accrued sick leave is intended as a benefit when there is a bona fide need for it, as set forth in Section 7.03(3)(c) of these Policies. The KCOJ has defined the terms for using sick leave very broadly, recognizing that there are many circumstances other than an employee's own unexpected illness when he or she might justifiably use sick leave.

(b) An employee who abuses use of sick leave causes either a work slow-down or places an unfair strain upon co-workers who must do the work in his or her absence. In consideration for co-workers, the agency, and the people the KCOJ serves, employees should request to use sick leave only when needed and when possible, on days or at times that lessen the burden their absence will place on their co-workers.

(c) Sick leave cannot be used for unnecessary occasions when it would be convenient for an employee to be absent. For those times, when an employee's absence does not qualify for the use of sick leave under Section 7.03(3)(c) of these Policies, the employee must request approval to use accrued annual or compensatory leave in advance of the absence. Failure to use accrued annual or compensatory leave under those circumstances constitutes abuse of sick leave.

(d) Employees who are found to have abused sick leave may be subject to discipline up to and including dismissal.

Section 7.04. Compensatory Leave.

(1) Retention of Compensatory Leave.

(a) The maximum amount of compensatory leave that may be accrued by an employee is 240 hours.

(b) Accrued compensatory leave that exceeds 240 hours will be paid at the employee's hourly rate of pay during the payroll in which the overage occurred.

(c) The appointing authority or designee may not direct or authorize an employee who has accrued 240 hours of compensatory leave to work one or more hours in excess of the prescribed hours of duty. If the appointing authority or designee exhibits a pattern of failure to comply with the requirements of Section 7.04 of these Policies without good cause, the HR Director must refer the matter to the appropriate investigative and/or disciplinary authority.

(2) Use of Compensatory Leave.

(a) An employee must obtain approval from his or her appointing authority or designee prior to the use of compensatory leave, except as noted in Section 7.04(2)(c) of these Policies.

(b) An appointing authority or designee will grant use of compensatory leave when requested by the employee unless the employee's absence would cause an undue hardship.

(c) Absence due to sickness, injury, or disability that exceeds an employee's accrued sick leave balance may be charged against compensatory leave.

(d) An employee may use compensatory leave for any absence on a day in which the employee would otherwise work and receive pay.

(e) Absence for part of a workday that is claimed as compensatory leave must be reported in 15-minute increments (.25 hours).

(f) Employees who accrue 120 or more hours of compensatory leave must use compensatory leave instead of annual leave when a leave request is granted, with the exception of employees who have submitted their intent to retire within 12 months to the AOC HR Department.

(g) Employees who accrue compensatory leave balances exceeding 180 hours must reduce their balances by taking approved leave as soon as administratively possible. The employee's leave must be designated as compensatory leave when the leave is used.

(h) No employee is allowed to use compensatory leave prior to the compensatory leave being accrued.

(3) Payment of Unused Accrued Compensatory Leave.

(a) Employees will be paid in a lump sum for compensatory leave when separated from employment.

(b) Elected officials who accrued compensatory leave prior to being sworn into elected office will be paid for their unused compensatory leave at the time they take office.

(c) Upon the death of an employee, his or her estate will be entitled to payment for the unused portion of the employee's compensatory leave.

(d) An employee separated from employment by layoff will be entitled to payment for the entire unused portion of the employee's compensatory leave.

Section 7.05. Family and Medical Leave.

(1) General.

(a) Section 7.05 of these Policies shall be construed in a manner consistent with the Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C. § 2601 et seq., as amended by the National Defense Authorization Act, and 29 CFR Part 825, and any subsequent amendments.

(b) The KCOJ recognizes that FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided under the Act. FMLA also makes it unlawful for any employer to discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

(c) All documents relating to family and medical leave will be maintained in a file separate from an employee's personnel file and will be confidential.

(d) FMLA does not apply to elected or appointed officials.

(2) Employee Eligibility.

(a) FMLA applies to employees who have:

(i) Been employed for at least 12 months; and

(ii) Worked or been in paid status at least 1,250 hours during the 12-month period immediately before the use of family and medical leave is to begin.

(b) An employee is eligible for family and medical leave if the employee:

(i) Has a serious health condition that causes him or her to be temporarily unable to perform the essential functions of his or her position;

(ii) Has a child born to him or her, adopts a child, or has a child placed in his or her home for foster care;

(iii) Is caring for a newborn child, adopts a child, or has a child placed in his or her home for foster care, within one year of the birth, adoption, or placement;

(iv) Is caring for his or her parent who has a serious health condition;

(v) Is caring for his or her child who has a serious health condition. “Child” is defined as a biological, adopted, or foster child; stepchild; legal ward; or a child for which the employee is standing in loco parentis;

(vi) Is caring for his or her spouse, or person of similarly close relationship, who has a serious health condition. A person of similarly close relationship is defined as an intimate partner who has resided with the employee for at least one year prior to application;

(vii) Meets certain qualifying exigencies arising out of his or her spouse's, child's, or parent's deployment, covered active-duty status, or notification of an impending call or order to covered active-duty status, in or to a foreign country (“qualifying exigency leave”). Qualifying exigency leave only applies to families of members in the Armed Forces, including the National Guard and Reserves, and certain retired members of the military. Qualifying exigency leave includes short-notice deployment, certain military events, and related activities, certain childcare and school activities, addressing certain financial and legal arrangements, attending certain counseling activities, rest and recuperation, attending certain post-deployment activities, and additional purposes arising out of the call to duty, as agreed on by the employee and employer; or

(viii) Is caring for his or her spouse, son, daughter, parent or next of kin (nearest blood relative) who is a covered service member. A covered service member is a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy; is otherwise in outpatient status; or is otherwise on the temporary disability retired list for a serious injury or illness; or a veteran who was a member of the Armed Forces, including the National Guard or Reserves, at any time during the five years preceding the date on which the veteran underwent that medical treatment, recuperation, or therapy.

(c) A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee's job or prevents the qualified member of the employee's family from participating in school or other daily activities.

(d) Subject to certain conditions, the continuing treatment requirement may be met by:

(i) A period of incapacity of more than three consecutive calendar days that requires in-person treatment by a health care provider within the first seven days of the first day of incapacity, and:

a. A second visit to a health care provider within 30 calendar days of the first day of incapacity unless extenuating circumstances exist; or

b. A regimen of continuing treatment (i.e., prescription medication, further medical visits, etc.) under the health care provider's supervision;

(ii) Incapacity due to pregnancy;

(iii) Incapacity due to a chronic serious health condition that requires periodic visits for treatment (at least twice per year); or

(iv) Other conditions to the extent required by law.

(e) A medical condition will be deemed a serious injury or illness for purposes of Section 7.05(2)(b)(viii) of these Policies if the injury or illness was incurred or aggravated in the line of active duty and causes the member to be medically unfit to perform the duties of the member's office, grade, rank, or rating, and for which the service member is:

(i) Undergoing medical treatment, recuperation, or therapy;

(ii) In outpatient status; or

(iii) On the temporary disability retired list.

(f) An eligible employee as defined in Section 7.05(2)(b)(i-vii) of these Policies is entitled to 12 weeks of family and medical leave during a calendar year. An eligible employee as defined in Section 7.05(2)(b)(viii) of these Policies is entitled to 26 weeks of family and medical leave during a calendar year. Each calendar year shall start on January 1.

(g) A week of family and medical leave will equal the amount of time an employee normally works each week.

(h) For part-time employees, a weekly average of the hours worked during the 12 weeks before beginning family and medical leave will be used to determine their normal work week.

(3) Request for Family and Medical Leave.

(a) An employee must provide the appointing authority or designee with a request for family and medical leave at least 30 calendar days before the leave is to begin if it is foreseeable based on an expected childbirth, placement for adoption or foster care, planned medical treatment for a serious health condition of the employee or a member of his or her family, or the planned medical treatment for a serious injury or illness of a covered service member.

(b) If the employee is unable to make the request at least 30 calendar days before the leave is to begin due to a medical emergency or change of circumstances, he or she must provide the appointing authority or designee with a request for family and medical leave as soon as possible under the facts and circumstances of the particular case (generally the same day the employee learns of the need for leave or the next business day).

(c) An employee must request family and medical leave by completing the Application for Family and Medical Leave and submitting the application to his or her appointing authority or designee absent unusual circumstances. The appointing authority or designee must immediately forward the application to the AOC HR Department.

(d) In all circumstances, when giving notice of the need for leave, the employee must provide sufficient information for the KCOJ to determine if the leave qualifies for FMLA protection. Failure to provide sufficient notice may result in family and medical leave being delayed or denied.

(e) Once an employee has requested family and medical leave, the AOC HR Department will inform the employee within five business days, absent extenuating circumstances, whether he or she is eligible for such leave. If the employee is eligible, the employee will be instructed as to whether any additional information is required, and as to his or her rights and responsibilities under FMLA. If the leave is not eligible, the AOC HR Department will provide at least one reason for the ineligibility.

(f) An employee who requests family and medical leave for the purpose of tending to his or her own or a member of his or her family's serious health condition, or a seriously ill or injured covered service member, must supply a certification by a health care provider within 15 calendar days after the request for leave, using the appropriate Certification of Health Care Provider Form, which includes the following:

(i) The employee is in need of care;

(ii) The employee is needed to care for a member of his or her family; or

(iii) The presence of the employee is necessary to the immediate family member in need of care.

The AOC HR Department will notify the employee in writing if it finds the certification incomplete or insufficient and will specify what additional information is necessary to make the certification complete and sufficient. The employee will then have seven calendar days to provide a corrected certification unless the deadline is not possible under the circumstances despite the employee's diligent and good faith efforts.

If the KCOJ has reason to doubt the validity of the certification provided, it may require the employee to obtain a second opinion from a physician selected by the KCOJ at the KCOJ's expense. If the second opinion is in conflict with the first, the KCOJ may require the employee, at the KCOJ's expense, to see a mutually agreed upon health care provider for a final and binding opinion.

Periodic recertification may be required to the extent permitted by law.

(g) If an employee requests intermittent family and medical leave due to a serious medical condition of the employee or member of his or her family, the employee must supply a Certification of Health Care Provider Form from a licensed health care provider stating that intermittent leave is medically necessary and indicating the expected duration of the leave.

Employees taking intermittent leave must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the business of the KCOJ. To better accommodate an employee's need for intermittent leave, the KCOJ may transfer an employee to an alternate, available position for which the employee is qualified and allow the employee to maintain equivalent pay and benefits.

(h) If the leave is to address a qualifying exigency, the eligible employee must complete a Certification of Qualifying Exigency Form, accompanied by the required supporting documentation and a copy of the covered military member's deployment and/or covered active-duty orders within 15 calendar days after the request for leave.

(i) An employee who fails to timely complete a sufficient certification form may be denied family and medical leave and will be subject to the KCOJ's other applicable leave and/or attendance policies. Appropriate certification forms are available from the AOC HR Department.

(j) A licensed health care provider is a:

(i) Doctor of Medicine;

(ii) Doctor of Osteopathy;

(iii) Podiatrist;

(iv) Dentist;

(v) Clinical Psychologist;

(vi) Licensed Clinical Social Worker;

(vii) Optometrist;

(viii) Chiropractor;

(ix) Nurse Practitioner;

(x) Nurse Midwife;

(xi) Physician's Assistant; or

(xii) Certified Christian Science Practitioner.

(4) Approval of Family and Medical Leave.

(a) An employee who has requested family and medical leave must be notified in writing if he or she has been granted or denied family and medical leave within five business days after the AOC HR Department receives the completed and sufficient medical certification and application. At that time, the AOC HR Department will inform the employee whether the leave will be designated as family and medical leave, and, if so, the amount of leave that will be counted against the employee's leave entitlement.

(b) Even if a request for family and medical leave is not submitted pursuant to Section 7.05(3) of these Policies, an employee's absence from work may be designated by the AOC HR Department as family and medical leave if the appointing authority or designee or AOC HR Department has sufficient information that the employee is otherwise eligible for family and medical leave pursuant to Section 7.05(2)(a)-(h) of these Policies. Within five business days of obtaining sufficient information, the AOC HR Department will inform the employee that the leave will be designated as family and medical leave and the amount of leave will be counted against the employee's leave entitlement. Neither the employee nor the KCOJ may decline or delay a family and medical leave designation once an eligible employee has communicated a need to take leave for a reason listed in Section 7.05(2)(b)(i-viii) of these Policies.

(c) Family and medical leave and any accrued paid leave must be used concurrently. Unpaid family and medical leave may only be granted after all accrued paid leave is exhausted.

(5) Benefits During Family and Medical Leave.

(a) Any combination of working days, paid leave, or family and medical leave used by the employee within a month will entitle the employee to state-paid contributions for life insurance and health benefits in the following month.

(b) If unable to work, employees must use their family and medical leave days consecutively and must elect to use family and medical leave as their only qualification for state contributions for life insurance and health benefits.

(c) Employees on unpaid family and medical leave will be responsible for their share of contributions for life insurance and health benefits. The contributions will be due at the same time the contributions would be made by payroll deduction.

(d) Employees who have used all of their accrued paid leave and family and medical leave and remain unable to work for more than 100 regular hours in the month may only continue group health and life insurance benefits for the following month by paying the total cost of the state's contribution and their self-contribution for the benefits.

(e) For each month that an employee has not worked or been in paid status for 100 regular hours, the employee's annual or probationary increment will be postponed one month.

(6) Return From Family and Medical Leave.

(a) Before returning from family and medical leave, the employee must submit form AOC-PER-7.04(c), Notice of Intention to Return to Work Form, to his or her appointing authority or designee or directly to the AOC HR Department. The appointing authority or designee must immediately forward form AOC-PER-7.04(c) to the AOC HR Department.

(b) An employee must present a fitness-for-duty certificate to the AOC HR Department prior to being restored to employment. If such certification is not timely received, the employee's return to work may be delayed until certification is presented.

(c) Upon returning from family and medical leave, the employee will be reinstated to his or her previous position or an equivalent position. An “equivalent position” will be virtually identical in terms of pay; benefits; and working conditions, including privileges, prerequisites, and status. The equivalent position will involve duties that are substantially similar to the employee's previous position.

(d) On the first day of the employee's return to work, his or her benefits will be reinstated as applicable.

(e) The KCOJ reserves the right to deny restoration to any key employee if it determines substantial and grievous economic injury will result if the employee is reinstated. Key employees are salaried employees and are among the highest paid ten percent of all employees within 75 miles of the employee's worksite.

(7) Enforcement.

(a) An employee may file a complaint with the Wage and Hour Division of the U.S. Department of Labor or may bring a private lawsuit against an employer.

(b) FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement that provides greater family and medical leave rights.

(8) Questions.. All questions about the FMLA policy should be directed to the AOC HR Department.

Section 7.06. Voting Leave.

(1) To be eligible for voting leave, an employee must:

(a) Be registered to vote in the county holding the election;

(b) Cast a vote or make an application to the county clerk in person for an absentee ballot; and

(c) Be scheduled to work on the day the vote is cast, or application is made.

(2) An employee who is eligible for voting leave may claim, upon prior request and approval by his or her appointing authority or designee, four hours of voting leave.

(3) The appointing authority or designee may specify the period of up to four hours during which an employee may be absent.

(4) Any employee casting an absentee ballot shall only be eligible to claim voting leave on the day the employee's vote is cast by mail or in-person if he or she is also scheduled to work that same day.

(5) An employee serving as a precinct election officer at the polls shall receive additional leave if the total leave does not exceed the number of hours in a regular workday, and the employee is scheduled to work on election day.

(6) Except as otherwise provided in KRS 118.035, any employee who exercises his or her right to voting leave under Section 7.06 of these Policies shall be subject to disciplinary action if the employee attempts to claim voting leave but is not registered to vote or fails to cast his or her vote.

(7) An employee who is permitted or required to work on the same day he or she is eligible to claim voting leave, must report all hours worked that day and must also claim all four hours of voting leave. In lieu of time off that day, an employee will accrue compensatory leave, on an hour-for-hour basis, up to a maximum of four hours, if the number of hours claimed and worked exceeds 7.5.

(8) Employees on unpaid leave are not entitled to voting leave.

Section 7.07. Blood Donation Leave

(1) Blood donation leave is granted for the purpose of whole blood donation and recuperation.

(2) The blood donation must occur during an employee's scheduled work hours in order to qualify for the leave, which does not include the lunch period. An employee must receive approval from his or her appointing authority or designee prior to donating blood during work hours.

(3) An employee who donates blood outside of his or her scheduled work hours is not eligible to claim blood donation leave.

(4) Employees who donate blood may claim up to four hours of paid leave for the purpose of donating and recovering from the donation. Leave time must be taken at the time of donation unless circumstances, as specified by the appointing authority or designee, require the donor to return to work. In this case, the employee must report all hours worked in addition to claiming the four hours of blood donation leave.

(5) An employee who attempts to donate blood and is turned away by the blood center will be excused for the time spent attempting to donate but will not qualify for blood donation leave that day. The employee must provide proof to his or her appointing authority or designee of the attempt to donate blood.

(6) To claim the four hours of blood donation leave, employees must show proof of donation to their appointing authority or designee before submitting their timesheet for the pay period in which the blood donation was made.

(7) The appointing authority or designee may set the number of times per year an employee may donate blood in exchange for the four hours of blood donation leave.

Section 7.08. Court Leave and Jury Duty Leave

(1) An employee will be allowed a leave of absence from duties without loss of time or pay for the amount of time necessary to comply with subpoenas from any federal or state court that relate to his or her duties with the KCOJ.

(2) An employee serving as a juror will be allowed a leave of absence from duties without loss of time or pay not to exceed his or her regular hours for a scheduled workday.

(3) An employee is permitted to keep any compensation received for jury services.

(4) If the employee is relieved from duty as a juror or witness during his or her normal working hours, the employee must return to work.

(5) Court and jury duty leave include necessary travel time.

Section 7.09. Military Leave.

(1) An active member of the U.S. Army Reserve, the U.S. Naval Reserve, the U.S. Air Force Reserve, the U.S. Marine Corps Reserve, the U.S. Coast Guard Reserve, the U.S. Public Health Service Reserve, or the Kentucky National Guard required to serve under order or for training duty shall be granted leave without loss of regular compensation for a period not to exceed the number of working days specified in KRS 61.394, per federal fiscal year (October-September), provided the military orders require absence from work. Any additional military leave time must be charged to accrued annual or compensatory leave balances or be charged as leave without pay.

(2) The appointing authority or designee may require a copy of the military orders requiring the absence from work before granting military leave.

(3) Any employee who enters active military duty must be granted a leave of absence without pay for the period of that duty up to six years. Although the appointing authority or designee must grant such leave, the employee must request it in order to avoid being dismissed for abandonment of position without obtaining official leave.

(4) Upon return from active duty, the employee will be restored to a job of like seniority, status, and pay under KRS Chapter 61. An employee restored from military leave is treated as though he or she had been in continuous service.

(5) Any employee who is the spouse of an active member of the U.S. Army Reserve, the U.S. Naval Reserve, the U.S. Air Force Reserve, the U.S. Marine Corps Reserve, the U.S. Coast Guard Reserve, the U.S. Public Health Service Reserve, or the Kentucky National Guard who is called upon to serve under federal orders (deployment) shall be granted one day paid leave prior to deployment and one day paid leave upon return from deployment, per federal fiscal year (October-September).

(6) The appointing authority or designee may require a copy of the spouse's military orders prior to approving the use of this leave.

(7) While on military leave, the employee will not earn any annual or sick leave but will earn months of service time. The employee's increment date will not change.

(8) A former employee seeking reinstatement who has been rejected or otherwise penalized may, as applicable, file a grievance or appeal as provided in Section 8 of these Policies.

Section 7.10. Bereavement Leave. Employees will be entitled to bereavement leave for up to three workdays due to the death of a member of his or her family, as defined in Section 1.04 of these Policies, or other relatives of close association if approved by the appointing authority or designee.

Employees may use compensatory, annual, or sick leave or leave without pay during the absence. Upon the request of the employee, bereavement leave may be extended at the discretion of the appointing authority or designee.

Section 7.11. Kentucky Living Organ Donor Leave.

(1) A full-time employee who is absent from work due to medical reasons associated with donating a human organ or bone marrow may request to receive living organ donor leave.

(2) “Human organ” is defined as any part of a human intestine, kidney, liver, lung, or pancreas.

(3) Before being approved to receive any amount of living organ donor leave, the employee shall submit verification of the human organ or bone marrow donation procedure to his or her appointing authority or designee.

(4) Once approved, the employee shall be granted living organ donor leave in the amount of:

(a) 240 hours of paid leave for each human organ donation; and

(b) 40 hours of paid leave for each bone marrow donation.

Section 7.12. Extended Leave Without Pay.

(1) Employees who anticipate an absence for 30 or more days may request extended leave without pay if they have used all available paid leave and have a continuing need to be absent. An employee may request extended leave without pay by submitting a written request to his or her appointing authority or designee.

(2) The decision to approve or deny a request for extended leave without pay is within the discretion of the appointing authority or designee.

(3) Even if a request for extended leave without pay is not submitted by the employee pursuant to Section 7.12(1) of these Policies, an employee's absence for 30 or more continuous days without pay, including KCOJ holidays outlined in Section 6.02 of these Policies, will result in retroactive placement on extended leave without pay.

(4) The appointing authority or designee must timely submit a PAR reflecting approval of extended leave without pay to avoid overpayment to the employee.

(5) If an employee is granted extended leave without pay, the employee must return to work the next business day after the leave expires.

(a) If the employee cannot return to work after expiration of the approved period of extended leave without pay, the employee must immediately notify his or her appointing authority or designee.

(b) Unless the appointing authority or designee has approved a longer period of extended leave without pay, failure to report to work after the authorized extended leave without pay ends will be considered a voluntary resignation from employment. This provision does not apply to family and medical leave.

(6) Employees cannot take extended leave without pay for more than six months in a 12-month period.

(7) 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 7.13. Absence Without Prior Approval.

(1) Absence without prior approval means an unauthorized or unreported absence from scheduled work. Except in cases of emergency or unforeseen illness, an employee who is absent without prior approval must report the reason for the absence to his or her appointing authority or designee prior to the start of the employee's workday as required by the appointing authority or designee.

(2) The appointing authority or designee may deny use of accrued paid leave for absences without prior approval.

(3) Absence without prior approval may:

(a) Be treated as leave without pay for an employee covered by the provisions of the FLSA; and

(b) Constitute grounds for disciplinary action, including dismissal.