1. Will all accumulated sick and vacation leave, compensatory and holiday compensatory time be paid out?

As described in K.A.R. 1-9-4 & 1-9-13 accumulated vacation leave, up to the maximum allowable, and compensatory and holiday compensatory time will be paid out and included in the employee's final paycheck. As described in K.A.R 1-9-5 employees will not be paid for any accumulated sick leave. However, if the employee returns to a regular position within one year of the layoff, all unused accumulated sick leave will be credited back to the employee.

2. Can an employee who has been laid off apply for unemployment benefits?

Employees who have been laid off may be eligible for weekly unemployment benefits for up to 26 weeks. For information regarding unemployment benefits employees should contact the local Unemployment Insurance Call Center.

3. Will an employee who is laid off continue to be covered under the State's health plan?

An employee's coverage under the State's health plan will end the last day of the month in which the employee worked. Following the employee's last day of work, a letter will be sent to the employee's home advising them of health insurance continuation provisions under COBRA. Coverage under COBRA will be available for 18 months. Employees will be responsible for paying fees in full, which will be at a higher rate.

4. Will employees who are members of the State's health plan have to wait 60 days before being eligible for health insurance if they are rehired?

If a person is laid off from State service, the 60-day waiting period shall not apply if the member returns to a benefits eligible position within one year from the date of layoff.

5. Will employees have the option of converting their basic group life insurance into an individual policy?

If the employee is in a benefits eligible position then they will continue to be covered through KPERS until 31 days from the last day on payroll. The employee may convert the policy into an individual policy (either portability or whole life). The Portability Election form or Conversion form (whole life) must be completed and sent to Minnesota Life within 31 days of the date coverage would otherwise have terminated. The employee is responsible for the premiums, which is at a higher rate. For additional information contact KPERS at 1-888-275-5737 outside Topeka or 785-296-6666 in Topeka or Minnesota Life's Topeka Branch toll-free at 1-877-215-1476.

6. Can optional group life insurance be converted to an individual policy?

If an employee is currently enrolled in optional group life insurance, the coverage will cease on the last day of the calendar month for which a premium is made. The employee can convert the policy to an individual policy (either portability or whole life). The Portability Election form or Conversion form (whole life) must be completed and sent to Minnesota Life within 31 days of the date coverage would otherwise have terminated. The employee is responsible for the expense, which is at a higher rate. For additional information, contact KPERS at 1-888-275-5737 outside Topeka or 296-6666 in Topeka or Minnesota Life's Topeka Branch Office toll-free at 1-877-215-1476.

7. Do all employees have bumping rights?

In accordance with K.A.R. 1-14-7 & 1-14-10 all employees who have permanent status may have bumping rights. An agency may limit bumping to a lower class in which a permanent employee previously had permanent status. An agency may allow bumping to any lower class in a class series, regardless of whether an employee has previous permanent status in those classes. An agency may limit bumping to designated geographical areas or units. Bumping options are identified in the agency's Notification of Layoff.

Additionally, permanent employees may exercise bumping rights into any position filled by an employee with probationary status anywhere within the agency, if the employee with permanent status meets the required selection criteria for the class and is eligible for transfer or demotion to the position pursuant to K.A.R. 1-6-24 and 1-6-27.

When the layoff is limited to full-time employees or less than full-time employees, any employee with permanent status may exercise bumping rights into a position filled by any employee with probationary status, only within the group of employees having the same full-time or less than full-time status.

8. What vacancies within the state can an employee who has been laid off apply for?

In accordance with K.A.R. 1-6-23 each employee, who is laid off, demoted or transferred in-lieu-of layoff, shall be in a reemployment pool. Each employee in the reemployment pool shall be eligible to apply for any vacancy to be filled, including any internal vacancy, until the employee is reemployed or for three years from the date of the layoff, whichever occurs first.

9. If an employee is laid off and then rehired on the basis of reemployment to a class that is assigned to a lower pay grade, will the employee be paid at the same rate of pay the employee was being paid before the layoff?

In accordance with K.A.R. 1-5-10(c)(2)(A) & (B) the agency who is hiring an employee on the basis of reemployment will have two options as to how they will pay the rehired employee. Option one, the employee will be paid the same pay rate (dollar amount) as the rate the employee was being paid immediately before the layoff, if that rate is on a step in the lower pay grade. If the rate is within the pay grade for the class but not on a step, the person may be paid at the next lower step or the next higher step. Option two, the agency may pay the employee at a lower pay rate than the employee was being paid immediately before the lay off.

10. Will an employee be placed on probation if they are reemployed?

In accordance with K.A.R. 1-7-4 each person rehired on the basis of reemployment shall have permanent status, effective on the date of rehire.

11. How will an employee's KPERS be effected by a layoff?

KPERS Non-School Employees in Their Year of Service
State and local employees hired July 1, 2008, through June 30, 2009 will become immediate members July 1, 2009. They will not need to finish a full "year of service" for membership. That means someone hired June 30, 2009, will only work one day before becoming a member while someone hired July 1, 2008, will work the full year.

Employees Beginning Employment on or After July 1, 2009
All employees who begin employment in a KPERS-covered position on or after July 1, 2009, will become immediate members on the first day of employment. The KPERS information system will automatically designate the proper Tier to place the employee.

12. What will happen to any contributions an employee has made to deferred compensation?

Following the last day at work the employee will be eligible to withdraw funds contributed to deferred compensation. The funds will however, be taxed (20% federal; 5% State of Kansas) as ordinary income. The employee may also choose to leave their contributions with the State of Kansas. Account balance will continue to accumulate interest on a tax-deferred basis until retirement. Account balance may also be transferred to a new employer on a tax-deferred basis if the new employer qualifies to sponsor deferred compensation plans.

Affected employees should contact their ING Financial Advisors representative for additional information at 1-800-232-0024 outside Topeka or 296-7095 in Topeka.

13. Will contributions made to employee flexible spending accounts be lost?

If the employee is enrolled in the dependent care flexible spending account, the employee will have until April 15th following the end of the plan year to file claims which were incurred up to the end of the plan year, as long as IRS guidelines are met.

If the employee is enrolled in the health care flexible spending account, the employee will have until April 15th following the end of the plan year to file claims, which were incurred up to the end of the month, during which were incurred up to the end of the month the employee was laid off.

14. Are agencies required to pay exempt employees their full salary if they are laid off during the middle of the workweek?

The requirement for exempt employees to be paid on a "salary basis" does not apply during the employee's first and final week of employment, as provided in 29 CFR 541.118(C).

15. Are agencies required to pay employees for holiday compensatory time and compensatory time accrued as compensation for over time?

Unused holiday compensatory time and compensatory time are paid differently. Upon termination, employees who have unused holiday compensatory time shall be paid for all such accrued holiday compensatory time at the employee's regular rate of pay.

Upon termination, employees who have unused compensatory time shall be paid for all such accrued leave at the higher of the following rates: (1) the average regular rate received by the employee during the last three years of the employee's employment; or (2) the final regular rate received by the employee (29 CFR 553.27 and K.A.R. 1-5-24).