Hours; Leaves; Employee-Management Relations

1-9-1.  Hours of work. (a) The standard workweek for each full-time employee shall be 40 hours during a given seven-day workweek.
(b)(1) Any agency head may submit a request for a deviation from the standard workweek in subsection (a) for particular classes of employees in writing to the director. Any such deviation shall be subject to approval by the secretary upon recommendation of the director.
(2) Appointing authorities shall not be required to designate a deviation from the standard workweek established in paragraph (1) of this subsection for exempt positions.
(c) It shall be a condition of employment with the state that each employee is required to work the number of hours per day and the number of days per workweek or work period specified for the employee's position, except when on authorized leave.
(d) Each exempt employee shall be paid on a salary basis in which the salary of the exempt employee is established to cover the hours required to complete the job. Each exempt employee shall be considered to be in pay status except for the following periods of time:
(1) full days of leave without pay;
(2) full workweeks of leave without pay due to a suspension; or
(3) one or more full days of leave without pay due to a suspension imposed in good faith for violation of workplace conduct rules or for an infraction of a safety rule of major significance.
Exempt employees may be required to use available vacation or sick leave or other paid leave, as appropriate, and shall be required to obtain authorization for absences in the form and at the time prescribed by the employee's appointing authority. Leave for employees in exempt positions shall be administered in accordance with the provisions of K.A.R. 1-9-20.
(e) The appointing authority may require each employee to work those hours that are necessary for the efficient conduct of the business of the state.
(f) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-3746, 75-5505, and 75-5515; effective May 1, 1979; amended, T-86-17, June 17, 1985; amended May 1, 1986; amended Dec. 17, 1995; amended June 5, 2005.)

1-9-2.  Holidays. (a) The following days shall be legal holidays for the state service: New Year's Day, Memorial Day, Independence Day, Labor Day, Veterans' Day, Thanksgiving Day, and Christmas Day. When one of these legal holidays falls on a Saturday, the preceding Friday shall be the officially observed holiday for state employees. When one of these legal holidays falls on a Sunday, the following Monday shall be the officially observed holiday for state employees.
(b) (1) The governor may designate, in a particular year, additional days on which state offices are to be closed in observance of a holiday or a holiday season. For the purpose of this regulation, such a day shall be deemed a legal holiday.
(2) Each full-time employee who works a nonstandard workweek shall receive the same number of holidays in a calendar year as employees whose regular work schedule is Monday through Friday.
(3) The governor may designate a discretionary holiday for observance of a holiday or other special day without closing state services. Each eligible employee shall receive the number of hours equal to the number of hours that employee is regularly scheduled to work, for a discretionary holiday. All hours for a discretionary holiday shall be taken on the same day.
(c)(1) For each holiday, each full-time employee shall receive holiday credit equal to the number of hours regularly scheduled to work, subject to the provisions of paragraph (b) (2). “Holiday credit” means pay or credit for paid time off at a straight-time rate.
(2) Each full-time employee who is required to work on a legal holiday or on an officially observed holiday shall be awarded holiday credit in addition to any holiday compensation available under subsection (d). The appointing authority shall determine whether the holiday credit will be in the form of pay or paid time off to be used at a later time.
(d) Any appointing authority may require some or all employees to work on a legal holiday, an officially observed holiday, or both.
(1) Each full-time, nonexempt employee who is required to work on a legal holiday or on an officially observed holiday shall receive holiday compensation in addition to the employee's regular pay for the pay period. “Holiday compensation” means either pay or holiday compensatory time at a time-and-a-half rate for those hours worked on a holiday. The appointing authority shall determine whether the compensation for this holiday work will be in the form of pay or holiday compensatory time.
(2) The appointing authority shall make the following determinations for each exempt employee required to work on a holiday:
(A) Under what conditions the employee will be required to work;
(B) whether or not the employee will receive holiday pay or holiday compensatory time in addition to the employee's regular salary; and
(C) the rate at which any holiday pay or holiday compensatory time will be paid.
(3) Exempt employees shall take holiday compensatory time only in either half-day or full-day increments.
(e) Hours worked on a holiday by a nonexempt employee that result in overtime hours during that workweek or work period shall be compensated pursuant to K.A.R. 1-5-24 for those holiday hours worked on the holiday and an additional half-time rate for the resulting overtime hours.
(f) If a legal holiday is preceded or followed by an officially observed holiday, each employee shall receive holiday credit for only one of the two days. Each full-time employee who is required to work on both the legal holiday and the officially observed holiday shall receive holiday compensation for only one of the two days. If the number of hours worked on the two days is not the same, the employee shall receive holiday compensation for the day on which the employee worked the greater number of hours.
(g) Each nonexempt employee who works less than full-time on a regular schedule shall receive, for each holiday that falls on a day included in the employee's regular work schedule, holiday credit equal to the time the employee is regularly scheduled to work on that day. If the employee works on the holiday, the employee shall receive, in addition, holiday compensation for the hours worked on the holiday.
(h) Each nonexempt employee who works less than full-time on an irregular schedule, as determined by the appointing authority, shall not receive holiday credit but shall be paid at the time-and-a-half rate for those hours worked on the holiday.
(i) An employee who is on leave without pay for any amount of time either on the last working day before a holiday or the first working day following a holiday shall not receive holiday credit, unless approved by the appointing authority.
(j) Any employee whose last day at work before separating from state service is the day before a regularly scheduled holiday shall not receive holiday credit for the holiday.
(k) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-3706 and K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-3707 and 75-3746; effective May 1, 1979; amended May 1, 1985; amended Dec. 17, 1995; amended June 20, 1997; amended October 1, 1999; amended June 5, 2005.)

1-9-3. Request and approval of leave; authorized leave; unauthorized leave. (a) Requests for leave shall be made to the appointing authority in such form and at such time as prescribed by the appointing authority. Leave that is requested as above, and approved, shall be termed authorized leave. Leave that is not requested as above, or not approved, shall be termed unauthorized leave, unless the employee furnishes the appointing authority evidence satisfactory to the appointing authority that circumstances made it impossible to request leave in the form and at such time as prescribed by the appointing authority.
(b) Use of unauthorized leave shall be entered into the employee's official personnel file in the agency. Habitual or flagrant use of unauthorized leave shall be grounds for disciplinary action, including dismissal.
(c) When an employee takes unauthorized leave, the appointing authority shall determine whether use of accumulated leave or accumulated compensatory time shall be allowed, whether leave without pay shall be granted, or in a case of habitual or flagrant use of unauthorized leave, whether a pay decrease, suspension, demotion, dismissal, or other disciplinary action shall be proposed or taken. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended Dec. 17, 1995.)

1-9-4. Vacation leave. (a)(1) Each classified employee in a regular position shall be entitled to vacation with pay, which shall be earned and accumulated in accordance with this regulation. Vacation leave earned each payroll period, the maximum amount of vacation leave that may be accumulated, and the increments in which vacation leave may be used shall be determined as follows.
(A) Each nonexempt employee shall accrue vacation leave in accordance with the following table.

Vacation Leave Table for Non-Exempt Employees Hours Earned Per Pay Period Based on Length of Service

(i) Nonexempt employees shall use vacation leave only in increments of a quarter of an hour.
(ii) For purposes of this regulation, hours in pay status shall include time off while receiving workers compensation wage replacement for loss of work time.
(B) Each exempt employee in a position that is eligible for benefits shall accrue vacation leave in accordance with the following table.

Vacation Leave Table for Exempt Employees Hours Earned Per Pay Period Based on Length of Service

(i) Exempt employees, including part-time exempt employees, shall use vacation leave only in either half-day or full-day increments.
(ii) For purposes of this regulation, hours in pay status shall include time off while receiving workers compensation wage replacement for loss of work time.
(C) Each exempt employee in a position that is not eligible for benefits shall earn one-half the amount of leave set out in paragraph (a) (1) (B), based on the employee's length of service.
(2) At the end of the last payroll period paid in each fiscal year, up to 40 hours of any accrued vacation leave that exceeds an employee’s maximum accumulation of hours established in paragraphs (a) (1) (A) and (B) shall be converted to sick leave. After this conversion, all remaining vacation leave over the maximum accumulation of hours shall be forfeited at the end of the last payroll period paid in that fiscal year.
(3) If an employee terminates from the service, and if at the time of termination, the employee has more than the maximum accumulation of vacation leave permitted in paragraphs (a) (1) (A) and (B), the employee shall not be paid for any vacation leave in excess of the maximum accumulation to which that employee is entitled.
(b) Increased rates of vacation leave earnings based on length of service shall be calculated in accordance with K.A.R. 1-2-46.
(c) The appointing authority shall not be arbitrary in approving or rejecting vacation leave requests. The appointing authority shall not unreasonably defer the taking of vacations so that for all practical purposes the employee is deprived of vacation rights.
(d) Vacation leave earned by an employee during a pay period shall be available for use on the first day of the following pay period subject to the restrictions established in paragraph (a)(3), if the employee resigns or is otherwise separated from the service, any vacation leave earned in the pay period in which the separation occurs shall be credited to the employee, and payment for that leave shall be made to the employee as provided in K.A.R. 1-9-13.
(e) If a holiday on which state offices are closed occurs during an employee's vacation, the holiday hours shall not be charged against the employee's vacation leave.
(f) If an employee, or a member of the employee's family as defined in K.A.R. 1-9-5(e)(2), becomes ill while the employee is taking vacation leave and, for all intents and purposes, the employee is deprived of all or a significant portion of the vacation due to the illness, the appointing authority, upon request of the employee, may charge to sick leave some or all of the time the employee or family member was ill during the vacation. For purposes of this subsection, "illness" shall include any of the reasons for sick leave identified in K.A.R. 1-9-5(e)(1).
(g) Vacation leave for school employees. Any classified employee in a school institution having scheduled vacation periods at stated times when school is not in session, including Thanksgiving and Christmas, who does not work during the scheduled vacation periods because the employee's services are not required may be granted leave without pay or vacation leave for those periods. Vacation leave taken for this purpose may be charged against accrued vacation leave or against vacation leave that will be accrued during the school term for which the employee is employed. Any classified employee at a school institution that is separated from the service before the end of the school term for which the employee is employed shall be charged on the final pay voucher for any vacation leave used in excess of accrued vacation leave. (Authorized by K.S.A. 2003 Supp. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended, E-81-23, Aug. 27, 1980; amended May 1, 1981; amended May 1, 1983; amended May 1, 1984; amended May 1, 1985; amended Jan. 6, 1992; amended Aug. 3, 1992; amended Dec. 17, 1995; amended June 7, 2002; amended June 4, 2004.)

1-9-5. Sick leave. (a) Each classified employee in a regular position shall be credited and accumulate sick leave as provided in this regulation.
(b) The maximum sick leave credit an employee may accrue in any payroll period shall be 3.7 hours. The amount of sick leave hours earned each payroll period and the increments in which sick leave may be used shall be determined as follows.
(1) Each non-exempt employee shall accrue sick leave in accordance with the following table.

Sick Leave Table for Non-Exempt Employees

(A) Non-exempt employees shall use sick leave only in increments of a quarter of an hour.
(B) For purposes of this regulation, hours in pay status shall include time off while receiving workers compensation wage replacement for loss of work time.
(2) Each exempt employee in a position that is eligible for benefits shall accrue sick leave in accordance with the following table.

Sick Leave Table for Exempt Employees

(A) Exempt employees, including part-time exempt employees, shall use sick leave only in half-day or full-day increments.
(B) For purposes of this regulation, hours in pay status shall include time off while receiving workers compensation wage replacement for loss of work time.
(3) Each exempt employee in a position that is not eligible for benefits shall earn one-half the amount of leave set out in paragraph (b) (2).
(c) Sick leave earned by an employee during a pay period shall be available for use on the first day of the following pay period.
(d) Any employee may be required by the appointing authority or the director of personnel services to provide evidence necessary to establish that the employee is entitled to use sick leave under the circumstances of the request. If the employee fails to provide this evidence, the requested use of sick leave may be denied by the appointing authority or director. The appointing authority, with the director's approval, may require an examination of an employee by a licensed health care or mental health care professional ultimately responsible for patients' health care, as designated by the agency and at the agency's expense. An appointing authority with delegated authority under K.S.A. 75-2938, and amendments thereto, shall not be required to obtain the director’s approval before requiring an examination of an employee.
(e)(1) Sick leave with pay shall be granted only for the following reasons:
(A) Illness or disability of the employee, including pregnancy, childbirth, miscarriage, abortion, and recovery therefrom, and personal appointments with a physician, dentist, or other recognized health practitioner;
(B) illness or disability, including pregnancy, childbirth, miscarriage, abortion, and recovery therefrom, of a family member, and a family member's personal appointments with a physician, dentist, or other recognized health practitioner, when the illness, disability, or appointment reasonably requires the employee to be absent from work;
(C) legal quarantine of the employee; or
(D) the adoption of a child by an employee or initial placement of a foster child in the home of an employee, when the adoption or initial placement reasonably requires the employee to be absent from work.
(2) For purposes of this regulation, "family member" means the following:
(A) Any person related to the employee by blood, marriage, or adoption; and
(B) any minor residing in the employee's residence as a result of court proceedings pursuant to the Kansas code for care of children or the Kansas juvenile offenders code.
(f) If an appointing authority has evidence that an employee cannot perform the employee's duties because of illness or disability, if the employee has accumulated sick leave, and if the employee refuses or fails to apply for sick leave, the appointing authority may require the employee to use sick leave. Upon exhaustion of this employee's sick leave, the appointing authority may require the employee to use any accumulated vacation leave. An appointing authority may request a written release by a licensed health care or mental health care professional ultimately responsible for patients' health care before the employee is allowed to return to work. If the employee has exhausted all sick leave or accumulated vacation leave, the appointing authority may grant the employee leave without pay as provided in K.A.R. 1-9-6(c).
(g) Each employee who is injured on the job and awarded workers compensation shall be granted use of accumulated leave upon the employee's request. The compensation for accumulated leave used each payroll period shall be that amount which, together with workers compensation, equals the regular pay for the employee. Unless the employee requests otherwise, vacation leave and compensatory time credits shall be used only after sick leave credits have been exhausted. The appointing authority shall not require the use of accumulated compensatory time credits in conjunction with workers compensation.
(h) Each former employee who had unused sick leave at the time of separation, and who returns to state service in a regular position within a year shall have the unused sick leave returned to the employee's credit. This provision shall not apply to a person who has retired from state service.
(i) Payments for sick leave accumulated by the date of retirement, in accordance with K.S.A. 75-5517, and amendments thereto, shall be calculated using the hourly or salary rates set forth in K.A.R. 1-5-21. (Authorized by K.S.A. 2001 Supp. 75-3747; implementing K.S.A. 75-3707 and 75-3746; effective May 1, 1979; amended, E-81-23, Aug. 27, 1980; amended May 1, 1981; amended May 1, 1983; amended May 1, 1984; amended May 1, 1985; amended Sept. 26, 1988; amended July 16, 1990; amended Jan. 6, 1992; amended Aug. 3, 1992; amended July 26, 1993; amended Dec. 17, 1995; amended June 7, 2002.)

1-9-6. Leave without pay. (a) The appointing authority shall determine whether approval of each request for leave without pay is for the good of the service, and shall approve or disapprove the request. The appointing authority may require use of accumulated vacation leave and accumulated sick leave before approval of leave without pay.
(b) Any new hire in a regular position without permanent status may be granted leave without pay for a period not to exceed 60 calendar days:
(1) for illness or disability, including pregnancy, childbirth, miscarriage, abortion and recovery therefrom;
(2) for the adoption of a child by the employee;
(3) for the initial placement of a foster child in the home of the employee;
(4) in order to care for a family member who has a serious health condition; or
(5) for other good and sufficient reason, when the appointing authority deems leave to be in the best interest of the service.
When an appointing authority determines that granting a longer leave of absence without pay than prescribed in this subsection is in the best interest of the service, the appointing authority may approve a longer leave, or an extension of a leave. The total duration of leave shall not exceed six months. Any leave granted under this subsection that exceeds 30 calendar days shall be reported to the director of personnel services.
(c) Any employee currently without permanent status as a result of a promotion or reinstatement may be granted leave without pay under the same conditions as an employee with permanent status, if the employee had permanent status in the class in which the employee was employed immediately prior to the promotion or reinstatement.
(d) Any employee with permanent status may be granted leave without pay for a reasonable period of time consistent with the effective fulfillment of the agency's duties, but not to exceed one year:
(1) for illness or disability, including pregnancy, childbirth, miscarriage, abortion and recovery therefrom;
(2) for the adoption of a child by the employee;
(3) for the initial placement of a foster child in the home of the employee;
(4) in order to care for a family member who has a serious health condition; or
(5) for other good and sufficient reason, when the appointing authority deems such leave to be in the best interest of the service. Any leave that exceeds 30 calendar days shall be reported to the director of personnel services.
(e) Any employee with permanent status may be granted leave of absence without pay from the employee's classified position to enable the employee to take a position in the unclassified service, if the granting of this leave is considered by the appointing authority to be in the best interest of the service. Leave for this purpose shall not exceed one year, but the appointing authority may grant one or more extensions of up to one year, and the appointing authority may determine the number of extensions.
(f) Desire of an employee to accept employment not in the state service shall be considered by the appointing authority as insufficient reason for approval of a leave of absence without pay, except under unusual circumstances.
(g) If the interests of the service make it necessary, the appointing authority may terminate a leave of absence without pay by giving written notice to the employee at least two weeks prior to the termination date. With the approval of the appointing authority, an employee may return from leave on an earlier date than originally scheduled.
(h) When an employee returns at the expiration of an approved leave without pay or upon notice by the appointing authority that a leave without pay has been terminated, the employee shall be returned to a position in the same class as the position which the employee held at the time the leave was granted, or in another class in the same pay grade for which the employee meets the qualifications.
(i) Failure to return to work at the expiration of an authorized leave of absence, or upon notice by the appointing authority that a leave has been terminated, shall be deemed a resignation. Such resignation shall be reported by the appointing authority to the director of personnel services in the manner provided by the director. Before terminating an employee for failure to return from leave, the appointing authority shall make a reasonable effort to contact the employee, and a summary of the steps taken to try to contact the employee shall be submitted to the director of personnel services with the resignation.
(j) As used in this regulation, the term "family member" shall have the meaning set out in K.A.R. 1-9-5(e)(2). (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-2947, as amended by 1995 SB 175, § 11; effective May 1, 1979; amended, E-81-14, June 12, 1980; amended May 1, 1981; amended May 1, 1983; amended, T-88-9, April 21, 1987; amended, T-89-1, May 1, 1988; amended Oct. 1, 1988; amended Dec. 27, 1993; amended Dec. 17, 1995.)

1-9-7. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 1, 1985.)

1-9-7a. Military leave; voluntary or involuntary service in the armed forces. (a) Subject to the additional requirements and limitations of title 38, U.S. code, chapter 43, each employee in a regular position, who enlists or is drafted into the armed forces of the United States, including reservists and members of the national guard who are activated to military duty, shall be granted military leave without pay upon the employee's notice to the appointing authority of a military order requiring active duty for other than training purposes. The appointing authority shall require the employee to provide, within a reasonable period of time, documentation to substantiate the military order for active duty.
Any person on military leave, as mentioned above, who applies to the appointing authority for permission to return to the classified service within 90 days after receiving a discharge from the military service under honorable conditions, or from hospitalization, shall:
(1) be restored to that position or to a similar position with like status and pay in the same geographic location, as determined pursuant to K.A.R. 1-5-11;
(2) if qualified to perform the duties of any other position, be offered employment in the same geographic location in a position comparable in status and pay to the former position; or
(3) appeal to the secretary of administration for appropriate placement.
(b) Military leave shall be counted as part of the employee's length of service as prescribed in K.A.R. 1-2-46. Sick leave, vacation leave, and holidays shall not be earned or accrued during a period of military leave without pay.
(c) Reenlistment or continuation of active duty beyond the time prescribed by Title 38, U.S. Code, Chapter 43, shall be considered a voluntary resignation from military leave status. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 77-3746; effective May 1, 1985; amended, T-1-3-14-91, March 14, 1991; amended July 8, 1991; amended Dec. 17, 1995.)

1-9-7b. Military leave; voluntary or involuntary service with reserve component of the armed forces. (a) 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. 
(b) Active duty in excess of 15 working days within the 12-month period established in subsection (a) shall be charged to military leave without pay or, at the employee's request, to appropriate accrued leave. 
(c) 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 military leave without pay or, at the employee's request, appropriate accrued leave for the purpose of performing inactive duty. 
(d) Requests for military leave shall be made to the appointing authority with as much notice as possible under the circumstances of the order. Whenever possible, an appropriate military order or duty document shall be received by the appointing authority before military leave is authorized. 
(e) Each employee in a regular position shall be granted military leave without pay or, at the employee's request, appropriate accrued leave for the purpose of induction, entrance, or examination for entrance into a reserve component. Notice to the appointing authority shall be provided as prescribed by the appointing authority. Upon completion of the induction, entrance, or examination, the employee shall return to state employment as prescribed in subsection (g).
(f) Upon release from a period of duty under subsections (a), (b), (c), or (e) or upon discharge from hospitalization for or convalescence from an illness or injury incurred in or aggravated during the duty each employee shall be permitted to return to one of the following positions:
(1) The position in which the employee would have been employed had the employee not been called to military duty; or
(2) a position with status and pay similar to the status and pay that the employee would have had if the employee had not been absent for those purposes. If the employee is not qualified to perform the duties of the position by reason of disability sustained during the duty but is qualified to perform the duties of any other position, the employee shall be offered employment in a position comparable to the former position, in status and pay.
(g)(1) Except as provided in paragraph (g)(2), when returning from periods of inactive or active duty, the employee shall report for work as follows: 

(2) These time periods may be extended to no more than two years from the date of release from duty to accommodate a period of hospitalization or convalescence resulting from a service-connected injury or illness. To the extent practicable, the employee shall inform the appointing authority of any change in the date on which the employee is anticipated to return to work. The appointing authority may request documentation from the employee’s commanding officer or the employee’s licensed health or mental health care provider of the date on which the employee is released from duty and of the reasons the employee will not be able to return to work following the employee’s release from duty. 
(h) Military leave shall be counted as part of the employee's length of service as prescribed in K.A.R. 1-2-46. Sick leave, vacation leave, and holiday credit shall not be earned or accrued during a period of active duty when military leave without pay has been granted. 
(i) For purposes of this regulation, any reference to the military reserve of the United States shall be considered to include members of the national guard. 
(j) This regulation shall be effective on and after October 1, 2006. (Authorized by K.S.A. 75-3706 and K.S.A. 2005 Supp. 75-3747; implementing K.S.A. 75-3707 and 75-3746; effective May 1, 1985; amended Dec. 17, 1995; amended, T-1-10-1-97, Oct. 1, 1997; amended T-1-11-5-99, Nov. 5, 1999; amended December 22, 2002; amended Oct. 1, 2006.)

1-9-7c. Military leave; state duty with Kansas national guard or state guard when organized. (a) Each employee in a regular position who is a member of the state or Kansas national guard shall be granted military leave with pay for the duration of any official call to state emergency duty.
(b) The appointing authority may grant military leave without pay or, at the employee's request, accrued vacation leave for the duration of any other type of state duty performed pursuant to K.S.A. 48-225.
(c) Each employee shall provide an appropriate state military order to the appointing authority before the processing of any pay reports or time and attendance reports, or both.
(d) In accordance with K.S.A. 1996 Supp. 48-517, each employee in a regular position who is called or ordered to active duty by the state of Kansas national guard shall be returned to a job that is comparable to the job that the employee held at the time the employee was called to duty. (Authorized by K.S.A. 1996 Supp. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1985; amended Dec. 17, 1995; amended June 20, 1997.)

1-9-8. Jury duty; other required appearance before a court or other public body. (a)(l) Each employee in a regular position, shall be granted leave with pay by their appointing authority:
(A) for required jury duty; or
(B) in order to comply with a subpoena as a witness before the civil service board, the Kansas commission on civil rights, the United States equal employment opportunity commission, or a court.
(2) An employee shall not be entitled to leave of absence with pay in circumstances where the employee is called as a witness on the employee's own behalf in an action in which the employee is a party.
(b) Leave with pay may be granted to any employee for an appearance before a court, a legislative committee or other public body, if the appointing authority considers the granting of leave with pay to be in the best interest of the state.
(c) When any employee travels in a state vehicle for a required appearance before a court, or a legislative committee, or other public body, the employee shall turn over to the state any mileage expense payments received.
(d) Each employee granted leave under this section who receives pay or fees for a required appearance, excluding jury duty, shall turn over to the state the pay or fees in excess of $50.00. The employee may retain any amount paid to the employee for expenses in traveling to and from the place of the jury duty or required appearance, except as provided in subsection (c) of this regulation. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended May 1, 1982; amended May 1, 1983; amended May 1, 1984; amended, T-86-17, June 17, 1985; effective May 1, 1986; amended, T-87-17, July 1, 1986; amended May 1, 1987; amended, T-89-1, May 1, 1988; amended Oct. 1, 1988; amended Dec. 17, 1995.)

1-9-9. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 31, 1996.)

1-9-10. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended, E-82-14, July 1, 1981; amended May 1, 1982; revoked May 1, 1985.)

1-9-11. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended, E-82-14, July 1, 1981; amended May 1, 1982; revoked May 1, 1985.)

1-9-12. Funeral or death leave. An appointing authority may grant leave with pay to an employee in a regular position upon the death of a close relative. Such leave shall in no case exceed six working days. The employee's relationship to the deceased and necessary travel time shall be among the factors considered in determining whether to grant funeral or death leave, and if so, the amount of leave to be granted. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-3746; effective May 1, 1979; amended May 1, 1981; amended Dec. 17, 1995.)

1-9-13. Payment for accumulated vacation leave, compensatory time, and holiday compensatory time upon separation. Each employee who separates from state service shall be paid for that employee's accumulated vacation leave, compensatory time and holiday compensatory time. Pay for an employee's vacation leave, compensatory time, and holiday compensatory time shall be calculated using the appropriate hourly or salary rate set forth in K.A.R. 1-5-21 and, with respect to non-exempt employees, the provisions of K.A.R. 1-5-24(e)(4). Pay for the vacation leave, compensatory time, and holiday compensatory time shall be a lump sum addition to the employee's last paycheck. This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-3706, K.S.A. 2004 Supp. 75-3747, and K.S.A. 75-5514; implementing K.S.A. 75-3707, 75-3746, and 75-5508; effective May 1, 1979; amended May 1, 1984; amended May 1, 1985; amended, T-86-36, Dec. 11, 1985; amended, T-87-11, May 1, 1986; amended May 1, 1987; amended Feb. 1, 1993; amended Dec. 27, 1993; amended Dec. 17, 1995; amended June 20, 1997; amended June 5, 2005.)

1-9-14. Transfer of leave credits. When an employee is appointed to a position in a different state agency, all types of leave for which the employee has a balance at the time of the appointment, except for compensatory time credits and holiday compensatory time credits, shall be transferred with the employee. All accumulated compensatory time and holiday compensatory time shall be paid by the agency from which the employee is leaving at the time the employee leaves that agency. The accumulated compensatory time and holiday compensatory time shall be paid as a lump sum addition to the employee’s last paycheck from that agency as provided in K.A.R. 1-9-13. However, upon request, an employee may transfer accumulated compensatory time and holiday compensatory time if approved by both the agency from which the employee is leaving and the agency to which the employee is going. This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-3706, K.S.A. 2004 Supp. 75-3747, and K.S.A. 75-5514; implementing K.S.A. 75-3707, K.S.A. 2004 Supp. 75-3747, and K.S.A. 75-5508; effective May 1, 1979; amended June 5, 2005.)

1-9-15. (Authorized by K.S.A. 75-3747; effective May 1, 1979; amended Dec. 17, 1995; revoked May 31, 1996.)

1-9-16. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked May 31, 1996.)

1-9-17. (Authorized by K.S.A. 75-3747; effective May 1, 1979; revoked June 20, 1997.)

1-9-18. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-3746, K.S.A. 75-2925, as amended by 1995 SB 175, § 2, and K.S.A. 75-2938, as amended by 1995 SB 175, § 4; effective May 1, 1979; amended Aug. 3, 1992; amended Dec. 17, 1995; revoked Jan. 12, 2007.)

1-9-19. Relief from duty or change of duties of a permanent employee. (a) Under any of the circumstances identified in K.S.A. 75-2949 (i), and amendments thereto, any appointing authority may relieve an employee from duty and place the employee on administrative leave or change the duties of the employee, pursuant to the provisions of subsections (b) and (c).
(b) If the duties of an employee are changed, the appointing authority shall notify the employee in writing of the date the duties are to be changed, the manner in which the duties are to be changed, the reason for the change, and the expected date for resumption of regular duties or other disposition of the matter. The appointing authority shall report any change in duties that lasts more than 30 days to the director.
(c) If an employee is relieved of all duties and placed on administrative leave, the appointing authority shall notify the employee, in writing and within seven calendar days of the date the employee was relieved from duty with pay, of the reasons for that action and either of the following:
(1) The approximate length of time that the employee is to be relieved of duties and the date by which a determination in the matter is expected; or
(2) the date on which a determination in the matter was made and either the date on which the employee is to be returned to duty or the date on which any other disposition of the matter has been decided upon by the appointing authority is to be implemented.
(d) This regulation shall be effective on and after June 5, 2005 (Authorized by K.S.A. 2004 Supp. 75-2949, K.S.A. 75-3706, and K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 2004 Supp. 75-2949, K.S.A. 75-3707, and 75-3746; effective May 1, 1979; amended June 5, 2005.)

1-9-19a. Drug screening test for certain employees. (a) Any employee holding one of the following positions may be required to submit to a drug screening test in accordance with K.S.A. 75-4362, and amendments thereto, based upon reasonable suspicion of illegal drug use by that employee:
(1) Any safety-sensitive position;
(2) any position in an institution of mental health, as defined in K.S.A. 76-12a01, and amendments thereto, that is not a safety-sensitive position;
(3) any position in the Kansas state school for the blind, as established under K.S.A. 76-1101 et seq., and amendments thereto;
(4) any position in the Kansas state school for the deaf, as established under K.S.A. 76-1001 et seq, and amendments thereto; and
(5) any employee of a state veteran’s home operated by the Kansas commission on veteran’s affairs, as described in K.S.A. 76-1901 et seq., and K.S.A. 76-1951 et seq., and amendments thereto.
(b)(1) “Safety sensitive position” shall be defined as provided by K.S.A. 75-4362 (g), and amendments thereto.
(2) “Reasonable suspicion” means a judgment, supported by specific, contemporaneous, articulable facts or plausible inferences, that is made regarding the employee's behavior, appearance, or speech or supported by evidence found or reported that indicates drug use by the employee. Reasonable suspicion may be based on one or more of the following:
(A) An on-the-job accident or occurrence in which there is evidence to indicate any of the following:
(i) The accident or occurrence was in whole or in part the result of the employee's actions or inactions;
(ii) the employee exhibited behavior or in other ways demonstrated that the employee may have been using drugs or may have been under the influence of drugs; or
(iii) a combination of the factors specified in paragraphs (b)(2)(A)(i) and (ii) is present;
(B) an on-the-job incident that could be attributable to drug use by the employee, including a medical emergency;
(C) direct observation of behavior exhibited by the employee that could render the employee unable to perform the employee's job, in whole or part, or that could pose a threat to safety or health;
(D) information that has been verified by a person with the authority to determine reasonable suspicion and that indicates either of the following:
(i) The employee could be using drugs or is under the influence of drugs, and this circumstance is affecting on-the-job performance; or
the employee exhibits behavior that could render the employee unable to perform the employee's job or could pose a threat to safety or health;
(E) physical, on-the-job evidence of drug use by the employee or possession of drug paraphernalia;
(F) documented deterioration in the employee's job performance that could be attributable to drug use by the employee; and
(G) any other circumstance providing an articulable basis for reasonable suspicion.
(c) Any appointing authority may ask any employee in a position specified in subsection (a) to submit to a drug screening test under the circumstances of reasonable suspicion as a condition of employment. Refusal to comply with this requirement shall be considered the equivalent of receiving a confirmed positive result for referral or disciplinary purposes.
(d) Each employee required to submit to a drug screening test shall be notified of that requirement in writing and shall be advised of all of the following aspects of the drug screening program:
(1) The methods of drug screening that may be used;
(2) the substances that can be identified;
(3) the consequences of a refusal to submit to a drug screening test or a confirmed positive result; and
(4) the reasonable efforts to maintain the confidentiality of results and any medical information that are to be provided in accordance with subsection (k).
(e) Drug screening tests may screen for any substances listed in the Kansas controlled substances act.
(f) Any employee who has reason to believe that technical standards were not followed in deriving the employee's confirmed positive result may appeal the result in writing to the director within 14 calendar days of receiving written notice of the result.
(g) A retest by the original or a different laboratory on the same or a new specimen may be authorized by the director, if the director determines that the technical standards established for test methods or chain-of-custody procedures were violated in deriving a confirmed positive result or has other appropriate cause to warrant a retest.
(h) An employee who receives a confirmed positive drug screen result shall be subject to dismissal in accordance with K.S.A. 75-2949d and K.S.A. 75-4362, and amendments thereto as follows:
(1) Except as provided in paragraph (2) of this subsection, the employee shall not be subject to dismissal solely on the basis of the confirmed positive result if the employee has not previously had a confirmed positive result or the equivalent and the employee successfully completes an appropriate and approved drug assessment and recommended education or treatment program.
(2) The employee shall be subject to dismissal if the employee is a temporary employee, is in trainee status, or is on probationary status at the time the employee is given written notice of the drug screen requirement.
(3) The employee shall be subject to dismissal in accordance with K.S.A. 75-2949f, and amendments thereto, if the employee fails to successfully complete an appropriate and approved drug assessment and recommended education and treatment program.
(4) The employee shall be subject to dismissal, in accordance with K.S.A. 75-2949f, and amendments thereto, if the employee has previously had a confirmed positive result or the equivalent.
(5) This regulation shall not preclude the appointing authority from proposing disciplinary action in accordance with K.S.A. 75-2949d, and amendments thereto, for other circumstances that occur in addition to a confirmed positive result and that are normally grounds for discipline.
(i) Each employee who intentionally tampers with a sample provided for drug screening, violates the chain-of-custody or identification procedures, or falsifies a test result shall be subject to dismissal pursuant to K.S.A. 75-2949f, and amendments thereto.
(j) If the result of a drug screening test warrants disciplinary action, an employee with permanent status shall be afforded due process in accordance with K.S.A. 75-2949, and amendments thereto, before any final action is taken.
(k)(1) All individual results and medical information shall be considered confidential and, in accordance with K.S.A. 75-4362, and amendments thereto, shall not be disclosed publicly. Each employee shall be granted access to the employee's information upon written request to the director.
(2) Drug screening test results shall not be required to be kept confidential in civil service board hearings regarding disciplinary action based on or relating to the results or consequences of a drug screen test.
(3) Each appointing authority shall be responsible for maintaining strict security and confidentiality of drug screening records in that agency. Access to these records shall be restricted to the agency’s personnel officer or a designee, persons in the supervisory chain of command, the agency’s legal counsel, the agency’s appointing authority, the secretary of administration or a designee, the department of administration’s legal counsel, and the director or a designee. Further access to these records shall not be authorized without the express consent of the director.
(l) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-3706, K.S.A. 2004 Supp. 75-3747, and K.S.A. 2004 Supp. 75-4362; implementing K.S.A. 2004 Supp. 75-2949, K.S.A. 75-2949f, 75-3707, and K.S.A. 2004 Supp. 75-4362; effective, T-1-10-28-88, Oct. 28, 1988; effective Dec. 19, 1988; amended Feb. 19, 1990; amended April 13, 1992; amended May 31, 1996; amended October 1, 1999; amended June 5, 2005.)

1-9-20. Leave usage for exempt employees. (a) When using available sick or vacation leave or other paid leave, as appropriate, each exempt employee shall obtain authorization for these absences in the manner prescribed by the employee’s appointing authority.
(b) Each exempt employee shall follow the leave request procedures established by the employee’s appointing authority for any time away from work. The employee shall obtain prior approval from the employee’s supervisor for all time away from work, including periods of less than half of a day.
(c) Vacation, sick, and shared leave and holiday compensatory time shall be recorded as used only when employees in exempt positions use leave in half-day or full-day increments.
(d) Time away from work for less than half of a day shall not be accumulated over multiple days to total a half-day or full-day increment of vacation, sick, or shared leave or holiday compensatory time. However, time away from work of less than half of a day may be accumulated in the same day to total a half-day increment.
(e) A supervisor may deny the request of an exempt employee for time away from work of less than half of a day or may require the employee to use a half of a day or a full day of an appropriate type of leave if the employee has abused the use of leave in less than half-day or full-day increments or if other similar circumstances exist. The employee shall not perform work before the allotted time of leave is used.
(f) Other types of leave used by employees in exempt positions, including jury duty, funeral, job injury, and disaster service leave, shall be reported in quarter-hour increments.
(g) An exempt employee shall not be suspended for a period that is less than the employee’s workweek of seven consecutive 24-hour periods or multiples of this workweek, unless the suspension is imposed in good faith for either of the following conditions:
(1) for an infraction of a safety rule of major significance; or
(2) for violation of workplace conduct rules.
(h) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-3706, K.S.A. 2004 Supp. 75-3747, and K.S.A. 75-5507; implementing K.S.A. 75-3707, 75-3746, and 75-5507; effective May 1, 1979; amended June 5, 2005.)

1-9-21. Nepotism. In accordance with K.S.A. 46-246a and K.A.R. 19-40-4, no state officer or employee shall advocate, participate in or cause the appointment, promotion, transfer, demotion or discipline of a member of the officer's or employee's household or a family member. (Authorized by K.S.A. 75-3747; implementing K.S.A. 75-3746, K.S.A. 1992 Supp. 46-246a; effective May 1, 1979; amended Jan. 6, 1992; amended July 26, 1993.)

1-9-22. Job injury leave. (a) Any classified or unclassified employee who sustains a qualifying job injury, as determined by the employee's appointing authority, shall be eligible for job injury leave in accordance with this regulation.
(b)(l) "Qualifying job injury" means an injury which:
(A) renders the employee unable to perform the employee's regular job duties;
(B) arose out of and in the course of employment with the state; and
(C)(i) was sustained as a result of a shooting, stabbing or aggravated battery, as defined in K.S.A. 21-3414, by another against the employee;
(ii) was sustained as a result of a confrontation with a patient or client in a mental health or mental retardation facility or ward wherein the client either inflicts great bodily harm, causes disfigurement, or causes bodily harm with a deadly weapon or in any manner whereby great bodily harm, disfigurement, dismemberment, or death can be inflicted; or
(iii) additionally for law enforcement officers, was sustained while in fresh pursuit of a person or while operating under the provisions of K.S.A. 8-1506.
Qualifying job injuries shall not include injuries sustained as a result of the intentional actions of a co-worker.
(2) "Fresh pursuit" means pursuit, without unnecessary delay, of a person who has committed a crime or who is reasonably suspected of having committed a crime.
(c) Job injury leave shall not exceed six total months away from work. While an employee is on an approved job injury leave, the employing state agency shall continue to pay the employee's regular compensation. If the employee is awarded worker's compensation, the state agency shall pay the employee compensation in an amount which, together with worker's compensation pay, equals the regular pay of the employee. The employee shall not be required to use accrued sick leave or vacation leave. The employee shall continue to accrue sick and vacation leave as long as the employee remains in pay status. Nothing herein shall be construed as providing voluntary or gratuitous compensation payments in addition to temporary total disability compensation payments pursuant to the worker's compensation laws.
(d) The appointing authority may require an employee on approved job injury leave to return to full or limited duty if the employee is physically able to perform the duty as determined by a physician selected by the appointing authority or selected by a representative of the state self-insurance fund. However, any limited duty allowed shall not, in combination with time away from work on job injury leave, exceed the total six months allowed for job injury leave. If the employee remains unable to return to full duty, the appointing authority shall take such action as deemed to be in the best interest of the state.
(e) When an employee is on approved job injury leave, the appointing authority may require the employee to be examined by a physician selected by the appointing authority to determine the capability of the employee to return to full or limited duty.
(f) Employees on approved job injury leave shall be prohibited from being gainfully employed by any other employer.
(g) The requirements of this regulation may be waived or modified by the director upon written request of the appointing authority. Such a waiver or modification may be granted only upon a finding by the director that:
(1) granting the requested waiver or modification would not be in conflict with any statutes pertaining to leave; and
(2) failure to grant the requested waiver or modification would create a manifest injustice or undue hardship on the employee requesting the job injury leave. (Authorized by K.S.A. 1994 Supp. 75-3747; implementing K.S.A. 75-3746; effective, T-86-17, June 17, 1985; effective May 1, 1986; amended Nov. 21, 1994; amended Dec. 17, 1995.)

1-9-23. Shared leave. (a)(1) Any employee in a classified, regular position or in an unclassified position that is eligible for benefits may be eligible to receive or donate shared leave as provided in this regulation.
(2) Except as provided in paragraph (d)(1)(D), shared leave may be granted to an employee if all of the following conditions are met and if the employee meets the criteria specified in paragraph (b)(1):
(A) The employee or a family member of the employee, as defined in K.A.R. 1-9-5 (e)(2), is experiencing a serious, extreme, or life-threatening illness, injury, impairment, or physical or mental condition.
(B) The illness, injury, impairment, or condition of the employee or the family member has caused, or is likely to cause the employee to take leave without pay or terminate employment.
(C) The illness, injury, impairment, or condition of the employee or the family member keeps the employee from performing regular work duties.
(b)(1) Each employee who meets the requirements of paragraph (a)(2) shall be eligible to receive shared leave if both of these conditions are met:
(A) The employee has exhausted all paid leave available for use, including vacation leave, sick leave, compensatory time, holiday compensatory time and the employee’s discretionary holiday.
(B) The employee has at least six continuous months of service, pursuant to K.A.R. 1-2-46.
(2) An employee shall be eligible to donate vacation leave or sick leave to another employee if these conditions are met:
(A) The donation of vacation leave does not cause the accumulated vacation leave balance of the donating employee to be less than 80 hours, unless the employee donates vacation leave at the time of separation from state service.
(B) The donation of sick leave does not cause the accumulated sick leave balance of the donating employee to be less than 480 hours, unless the employee donates sick leave at the time of separation from state service.
(C) If the employee is retiring from state service and receiving compensation for sick leave upon retirement, the donated sick leave consists only of the accumulated sick leave in excess of the applicable minimum accumulation amount required for eligibility for a sick leave payout in accordance with K.S.A. 75-5517, and amendments thereto.
(c)(1)(A) When requesting shared leave, an employee shall be required to provide a statement from a licensed health care provider or other medical evidence necessary to adequately establish that the illness, injury, impairment, or physical or mental condition of the employee or family member is serious, extreme, or life-threatening and keeps the employee from performing regular work duties. If the employee fails to provide the required evidence, the use of shared leave shall be denied.
(B) At any time during the use of shared leave, the appointing authority may require the employee to provide a statement from a licensed health care provider or other medical evidence necessary to establish that the illness, injury, impairment, or physical or mental condition of the employee or family member continues to be serious, extreme, or life-threatening or to establish when the employee will be able to return to work. If the employee fails to provide the required evidence, the use of shared leave may be terminated by the appointing authority.
(2)(A) The appointing authority shall determine whether or not an employee meets the initial eligibility requirements in paragraph (b)(1) and, if applicable, whether or not the employee would be caring for an individual who meets the definition of a family member.
(B) Shared leave may be denied if the appointing authority determines that the requesting employee has a history of leave abuse.
(C) Any employee who currently is receiving workers compensation for the illness, injury, impairment, or physical or mental condition that is the basis of the shared leave request or has submitted an application to the division of workers compensation for this illness, injury, impairment, or condition shall not be eligible to receive shared leave.
(d)(1)(A) A shared leave committee shall be established and coordinated by the director. The shared leave committee shall consist of three current employees in the executive branch who, in the director’s judgment, have experience in making determinations regarding leave and who will be fair and impartial in discharging their responsibilities.
(B) Except as provided by paragraph (d)(2) below, once the appointing authority determines that an employee meets the eligibility requirements set out in paragraph (c)(2) above, the shared leave committee shall determine whether or not the illness, injury, impairment, or physical or mental condition of the employee or the employee’s family member meets the conditions established in paragraph (a)(2) of this regulation.
(C) If the shared leave committee determines that the illness, injury, impairment, or physical or mental condition meets the requirements of paragraph (a)(2), the appointing authority shall grant all or a portion of the time requested.
(D) An appointing authority may approve an employee’s request for shared leave regardless of the determination of the shared leave committee if the appointing authority determines that such a decision would be in the best interests of the state. Before approving the request, the appointing authority shall consult with the director about the factors that the appointing authority is relying upon in making the determination that approval of the shared leave is in the best interests of the state.
(2) If the appointing authority is an elected official, the appointing authority may determine whether or not the illness, injury, impairment, or physical or mental condition of the employee or the employee’s family member meets the conditions established in paragraph (a)(2) or may submit the shared leave to the shared leave committee for determination as provided in paragraph (d)(1).
(e) Employees shall not be notified of the need for shared leave donations until the request for shared leave has been approved as provided in subsection (d). No employee shall be coerced, threatened, or intimidated into donating leave or financially induced to donate leave for purposes of the shared leave program.
(f) The records of all shared leave donations shall remain confidential.
(g)(1) Shared leave may be used only for the duration of the serious, extreme, or life-threatening illness, injury, impairment, or physical or mental condition for which it was collected. The maximum number of hours of shared leave that may be used by an employee shall be the total hours that the employee would regularly be scheduled to work during a six-month period.
(2) No employee shall be eligible to use shared leave after meeting the eligibility requirements for disability benefits under the Kansas public employees retirement system.
(3) Employees shall use shared leave in accordance with their regular work schedules.
(4) Exempt employees shall use shared leave only in half-day or full-day increments. (h)(1) Shared leave may be applied retroactively for a maximum of two pay periods preceding the date the employee signed the shared leave request form.
(2) The employee shall no longer be eligible to receive shared leave for a particular occurrence if any of these conditions is met:
(A) The illness, injury, impairment, or condition of the employee or the employee’s family member improves so that it is no longer serious, extreme, or life-threatening, and the employee is no longer prevented from performing regular work duties.
(B) The employee terminates or retires.
(C) The employee returns to work and works the employee’s regular work schedule for at least 20 continuous working days.
(3) Any unused portion of the shared leave shall be prorated among all donating employees based on the original amount and type of donated leave and returned to those employees within two pay periods of the date on which it is determined that the employee receiving the donated leave is no longer eligible for shared leave. Shared leave shall not be returned to donating employees in increments of less than one full hour or to any person who has left state service.
(i)(1) Shared leave shall be paid according to the receiving employee's regular rate of pay by the receiving employee's agency. The rate of pay of the donating employee shall not be used in figuring the amount of shared leave the requesting employee receives.
(2) Shared leave shall be donated in full-hour increments.
(j) Any decision to approve or deny a request for shared leave or any other determination regarding the extension or termination of shared leave shall be final and shall not be subject to appeal to the civil service board.
(k) This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 75-3706, K.S.A. 2004 Supp. 75-3747, and K.S.A. 75-5549; implementing K.S.A. 75-3707, 75-3746, and 75-5549; effective, T-1-7-23-92, July 23, 1992; effective Sept. 14, 1992; amended July 26, 1993; amended, T-1-9-19-94, Sept. 19, 1994; amended Nov. 21, 1994; amended Dec. 17, 1995; amended May 31, 1996; amended Sept. 18, 1998; amended T-1-2-17-00, Feb. 17, 2000; amended June 16, 2000; amended June 5, 2005.)

1-9-24. Disaster service volunteer leave. (a) An appointing authority may authorize leave with pay to any employee in the classified or unclassified service who is a certified disaster service volunteer of the American red cross.
(1) Such leave may only be granted when:
(A) the employee is requested by the American red cross to provide disaster services;
(B) the disaster is designated as a Level II disaster or above by the American red cross; and
(C) the disaster occurs in Kansas or in states contiguous to Kansas.
(2) Request for disaster service volunteer leave shall be made in accordance with K.A.R. 1-9-3(a) and shall include written verification of the provisions of paragraph (a)(1) from the American red cross.
(3) Disaster volunteer leave shall not exceed 20 working days in the 12-month period that starts the first day the leave was used.
(b) The employee shall not be considered to be an employee of the state for the purposes of workers' compensation or the Kansas tort claims act while on disaster service leave. (Authorized by K.S.A. 75-3747; implementing L. 1993, ch. 33, § 3; effective T-1-11-16-93; effective Nov. 16, 1993; effective Dec. 27, 1993.)

1-9-25 Alcohol and controlled substances tests for employees in commercial driver positions. (a) (1) For the purposes of this regulation, “the act” means the provisions of 49 U.S.C. app. § 2717, as amended, that apply to the alcohol and controlled substance testing of employees in commercial driver positions.
(2) This regulation shall apply to any employee in a commercial driver position who may be required to submit to an alcohol or controlled substances test in accordance with the act.
(b) Any appointing authority may ask any current employee in a commercial driver position within that agency to submit to alcohol and controlled substances tests under the provisions of the act as a condition of employment. Refusal to comply with this requirement shall be considered the equivalent of receiving a confirmed “positive” test result for referral or disciplinary actions.
(c) (1) Each employee required to submit to alcohol or controlled substances tests shall be notified of that requirement in writing. Each appointing authority shall provide to each current employee in a commercial driver position within that agency detailed materials containing the information identified in paragraph (c)(2). These materials shall be provided to each current employee before the start of alcohol and controlled substances testing by the agency and to each employee subsequently hired or transferred into a commercial driver position.
(2) The information provided to each employee in a commercial driver position shall include the following:
(A) The identity of the person designated by the appointing authority to answer drivers' questions about the materials;
(B) the categories of drivers who are subject to the provisions of the act;
(C) sufficient information about the safety-sensitive functions performed by those drivers to specify during which periods of the workday the driver is required to be in compliance with the act;
(D) specific information concerning driver conduct that is prohibited by the act;
(E) the circumstances under which a driver will be tested for alcohol or controlled substances under the act;
(F) the procedures that will be used to test for the presence of alcohol and controlled substances, protect the driver and the integrity of the testing processes, safeguard the validity of the test results, and ensure that those results are attributed to the correct driver;
(G) the requirement that each driver submit to alcohol and controlled substances tests administered in accordance with the act;
(H) an explanation of what constitutes a refusal to submit to an alcohol or controlled substances test and the attendant consequences;
(I) the consequences for drivers found to have violated the act, including the requirement that the driver be removed immediately from safety-sensitive functions, and the referral, evaluation, and treatment procedures under the act;
(J) the consequences for drivers found to have an alcohol concentration exceeding permissible levels established under the act;
(K) information regarding postaccident procedures and the instructions necessary for the employee to be able to comply with the postaccident testing requirements; and
(L) information concerning the following:
(i) The effects of the use of alcohol and controlled substances on an individual's health, work, and personal life;
(ii) the signs or symptoms of an alcohol or a controlled substances problem, whether the driver's own problem or that of a coworker; and
(iii) the available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation, referral to the state employee assistance program, referral to management, or a combination of these methods.
(d) This subsection shall apply only to employees with permanent status, including employees with permanent status who are serving a probationary period due to a promotion.
(1) Except as provided by paragraph (d) (2), an employee shall not be subject to dismissal solely on the basis of a confirmed “positive” test result or the equivalent or a violation of any other provision of the act if the employee has not previously had a confirmed “positive” test result or the equivalent or any other violation of the act and the employee successfully completes an appropriate and approved alcohol and controlled substance assessment and any recommended education or treatment program. However, the employee shall be subject to dismissal in accordance with K.S.A. 75-2949f, and amendments thereto, if the employee has previously had a confirmed “positive” test result or the equivalent or any other violation of the act or if the employee fails to successfully complete an appropriate and approved alcohol and controlled substance assessment and any recommended education and treatment program as prescribed by the substance abuse professional. This regulation shall not preclude the appointing authority from proposing disciplinary action in accordance with K.S.A. 75-2949d, and amendments thereto, for other circumstances that occur in addition to a confirmed “positive” test or another violation of the act result and that are normally grounds for discipline.
(2) Each employee who takes any of the following actions shall be subject to dismissal pursuant to K.S.A. 75-2949f, and amendments thereto:
(A) Intentionally adulterates, tampers with, or substitutes a sample provided for alcohol or controlled substances testing;
(B) violates the chain-of-custody or identification procedures; or
(C) falsifies a test result.
(3) If disciplinary action is warranted under the provisions of this regulation, the appointing authority shall afford the employee due process in accordance with K.S.A. 75-2949, and amendments thereto.
(e) An employee shall be subject to dismissal if both of the following conditions are met:
(1) At the time the employee is given written notice of an appointment for an alcohol or controlled substance test, the employee is a temporary employee, is in trainee status, or is serving a probationary period, other than an employee with permanent status who is serving a probationary period due to a promotion.
(2) The employee has a confirmed “positive” test result or the equivalent or takes any of the following actions:
(A) Adulterates, tampers with, or substitutes a sample provided for controlled substances testing;
(B) violates the chain-of-custody or identification procedures;
(C) falsifies a test result; or
(D) violates any other applicable provision of the act.
(f) (1) Each appointing authority shall be responsible for maintaining strict security and confidentiality of the alcohol and controlled substances records in that agency. Access to these records shall be restricted to the following personnel:
(A) The agency’s personnel officer, the agency’s appointing authority, the secretary of administration, the director, or any of their respective designees;
(B) persons in the supervisory chain of command;
(C) the agency’s legal counsel; or
(D) the department of administration’s legal counsel.
(2) Further access to these records shall not be authorized without the express consent of the director. (Authorized by K.S.A. 75-3706 and K.S.A. 2005 Supp. 75-3747; implementing K.S.A. 75-3746 and 75-3707; effective, T-1-1-26-95, Jan. 26, 1995; effective May 30, 1995; amended Sept. 18, 1998; amended October 1, 1999; amended Jan. 12, 2007.)

1-9-26. Preduty controlled substances testing for employees in positions assigned commercial driver functions. (a) (1) For the purposes of this regulation, the act means the provisions of 49 U.S.C. app. § 2717, as amended, that apply to the preduty controlled substances testing of employees in positions assigned commercial driver functions. (2) This regulation shall apply to any existing, filled position to which the appointing authority assigns duties that result in the position becoming a commercial driver position, thereby subjecting the incumbent employee to the requirements of the act, including its controlled substances testing requirements and the provisions of the act regarding release of alcohol and controlled substances test information by previous employers.
(b) Each employee who is an incumbent in a position to which commercial driver functions are assigned shall be informed of the provisions of the act and this regulation in writing and shall sign a statement agreeing to participate in the controlled substances testing before administration of the test. The appointing authority shall advise each employee required to submit to controlled substances testing under the act of the following aspects of the testing program:
(1) The methods of controlled substances testing that may be used;
(2) the substances that may be identified;
(3) the consequences of a refusal to submit to a controlled substances test or of a confirmed “positive” test result; and
(4) the reasonable efforts utilized by the state to maintain the confidentiality of results and any medical information that may be provided.
(c) If an incumbent employee fails to participate in the required controlled substances test, refuses to sign the written authorization required under subsection (b) of this regulation, or refuses to provide written authorization for release of alcohol and controlled substances test information by previous employers, the employee shall not begin performing the safety-sensitive functions. A subsequent refusal to participate in the required testing or to sign the written authorization shall be grounds for the following consequences;
(1) Discipline under K.S.A. 75-2949f, and amendments thereto, for any employee with permanent status, including an employee serving a probationary period due to a promotion from a position in which the employee had permanent status; or
(2) termination, for any temporary employee, any employee in trainee status, or any employee serving a probationary period, other than an employee with permanent status who is serving a probationary period due to a promotion.
(d) This subsection shall apply only to employees with permanent status, including employees with permanent status who are serving a probationary period due to a promotion.
(1) Except as provided by paragraph (d)(3), an incumbent employee in a position to which commercial driver functions are assigned shall not be subject to dismissal solely on the basis of a confirmed “positive” test result if the employee successfully completes an appropriate and approved alcohol and controlled substance assessment and any recommended education or treatment program, as provided by the act. However, the employee shall be subject to dismissal in accordance with K.S.A. 75-2949f, and amendments thereto, if the employee has previously had a confirmed "positive" test result or the equivalent, if the employee committed some other violation of the act, or if the employee fails to successfully complete an appropriate and approved alcohol and controlled substance assessment and any recommended education and treatment program prescribed by the substance abuse professional. This regulation shall not preclude the appointing authority from proposing disciplinary action in accordance with K.S.A. 75-2949d, and amendments thereto, for other circumstances that occur in addition to a confirmed "positive" test result or another violation of the act and that are normally grounds for discipline.
(2) The provisions of (d)(1) relating to a confirmed “positive” test shall apply if the information obtained from a prior employer under the act indicates that, within the preceding two years, both of the following have occurred.
(A) The employee violated any of the provisions of the act.
(B) The employee failed to complete the requirements for returning to work under the act, including an evaluation by a substance abuse professional, a return-to-duty alcohol test, controlled substances test, or both, and completion of any rehabilitation or treatment program prescribed by the substance abuse professional.
(3) Each employee who takes any of the following actions shall be subject to dismissal pursuant to K.S.A. 75-2949f, and amendments thereto;
(A) Intentionally adulterates, tampers with, or substitutes a sample provided for alcohol or controlled substances testing;
(B) violates the chain-of-custody or identification procedures; or
(C) falsifies a test result.
(4) If disciplinary action is warranted based on the provisions of this regulation, the appointing authority shall afford the employee due process in accordance with K.S.A. 75-2949, and amendments thereto.
(e) An employee shall be subject to termination if both of the following conditions are met:
(1) At the time the employee is given written notice of the assignment of commercial driver functions to the employee’s position, the employee is a temporary employee, is in trainee status, or is serving a probationary period, other than an employee with permanent status who is serving a probationary period due to a promotion.
(2) One or more of the following has occurred:
(A) The employee has a confirmed “positive” test result or the equivalent;
(B) The information obtained from a prior employer under the act indicates that, within the preceding two years, both of the following occurred:
(i) The employee violated any of the provisions of the act.
(ii) The employee failed to complete the requirements for returning to work under the act, including an evaluation by a substance abuse professional, a return-to-duty alcohol test, controlled substances test, or both, and completion of any rehabilitation or treatment program prescribed by the substance abuse professional.
(C) The employee takes any of the following actions:
(i) Intentionally adulterates, tampers with, or substitutes a sample provided for controlled substances testing;
(ii) violates the chain-of-custody or identification procedures;
(iii) falsifies a test result; or
(iv) violates any other applicable provision of the act.
(f) (1) Each appointing authority shall be responsible for maintaining strict security and confidentiality of the alcohol and controlled substance testing records in that agency. Access to these records shall be restricted to the following individuals:
(A) The agency’s personnel officer, the agency’s appointing authority, the secretary of administration, the director, or any of their respective designees;
(B) persons in the supervisory chain of command;
(C) the agency’s legal counsel; or
(D) the department of administration’s legal counsel.
(2) Further access to these records shall not be authorized without the express consent of the director. (Authorized by K.S.A. 75-3706 and K.S.A. 2005 Supp.75-3747; implementing K.S.A. 75-3746 and 75-3707; effective, T-1-1-26-95, Jan. 26, 1995; effective May 30, 1995; amended June 20, 1997; amended Sept. 18, 1998; amended Jan. 12, 2007.)

1-9-27. This regulation shall be revoked on and after June 5, 2005. (Authorized by K.S.A. 75-3706 and K.S.A. 1996 Supp. 75-3747; implementing K.S.A. 75-3707 and 75-3746; effective May 31, 1996; amended June 20, 1997; revoked June 5, 2005.)

Page last modified on:  June 29, 2011