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SUBJECT:
Military Leave Clarifications |
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| 2.0 |
EFFECTIVE DATE:
September 29, 2006 |
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DISTRIBUTION:
State HR Directors |
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| 4.0 |
FROM:
George Vega, Director DATE: September
29, 2006 |
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PURPOSE:
This Bulletin is being issued to update and replace Bulletin 03-03 in light of the October 1, 2006 amendments to K.A.R. 1-9-7b. Bulletin 03-03 is hereby revoked.
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| 6.0
| BACKGROUND:
New amendments to K.A.R. 1-9-7b that increased the amount of military leave with pay available to employees in each twelve month period between October 1st and September 30th from 12 to 15 working days. This Bulletin is being issued to update the provisions of Bulletin 03-03 to reflect this change. There are no other substantive changes to the policies originally set out in Bulletin 03-03. |
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| 7.0 |
PROCEDURES: |
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| 7.1 |
The requirement that active duty must be “for training purposes” in order for eligible employees to be able to use 15 working days of military leave with pay was removed. Subsection (a) of the regulation now states that:
each employee in a regular position who is a member of a reserve component of the military service of the United States shall be granted a maximum of 15 working days of military leave with pay for active duty within each 12-month period beginning October 1 and ending September 30 of the following year.
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| 7.2 |
The amendment to K.A.R. 1-9-7b (a) means that employees who are called to active duty for any purpose, not just for training purposes, are granted 15 working days of military leave with pay per 12-month period between October 1 and September 30 of the following year.
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| 7.3 |
Although there is no timing element specified in the regulation, the intent of this language is to mean that the 15 working days of paid military leave are available to employees when they are called to active duty. Employees can only apply their 15 working days to a single term of active duty one time. Even if a single term of active duty exceeds the defined 12-month period, eligible employees cannot apply a new set of 15 working days of military leave with pay to a term of active duty on which they have already used 15 working days of military leave with pay.
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| 7.4 |
Since the amendments to K.A.R. 1-9-7b were not effective until December 22, 2002, all employees not on active duty at that time received a fresh set of 15 working days of military leave with pay for use until September 30, 2003.
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| 7.5 |
Employees who were called to active duty prior to the effective date of these amendments do not automatically receive 15 working days of military leave to apply toward the term of active duty that they are currently serving.
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| 7.6 |
In subsections (c) and (e) of K.A.R. 1-9-7b, eligible employees were formerly provided the option to use accrued vacation leave rather than military leave without pay for the performance of inactive duty, induction, entrance or examination for entrance into a reserve component.
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| 7.7 |
These subsections were amended to allow eligible employees to use “appropriate accrued leave” rather than just accrued vacation leave. For purposes of these subsections, the term “appropriate accrued leave” refers to an employee’s unused discretionary holiday and any amount of accrued vacation leave, compensatory time or holiday compensatory time.
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| 7.8 |
“Appropriate accrued leave” as used in these subsections does not include sick leave, so an eligible employee could not request to use sick leave instead of military leave without pay for the performance of inactive duty, induction, entrance or examination for entrance into a reserve component.
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| 7.9 |
There has been no change to the provisions of K.A.R. 1-9-7b that apply to the performance of inactive duty. Pursuant to subsection (c) of K.A.R. 1-9-7b, employees shall be granted military leave without pay or be allowed to use appropriate accrued leave for the purpose of performing inactive duty.
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| 7.10 |
Employees cannot apply some or all of their allotment of 15 working days of military leave with pay for the purpose of performing inactive duty. Subsection (a) restricts the use of military leave with pay for active duty only.
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| 7.11 |
Since its implementation in 1985, there has never been a provision of K.A.R. 1-9-7b that allowed eligible employees to apply some or all of their allotment of military leave with pay for the purpose of performing inactive duty.
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REFERENCES:
K.A.R. 1-9-7b.
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| 9.0 |
CONTACT PERSON:
Kraig Knowlton at kraig.kowlton@da.state.ks.us or (785) 296-1082.
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