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SHARP Message #694


Date

7/6/07

Author

HR

Subject

Leave Usage for Recent Adverse Weather Conditions

Message Text:

 

Leave Usage for Recent Adverse Weather Conditions

Following is a summary of some of the types of leave that may be available for use due to the recent adverse weather conditions in Kansas (tornado damage, flooding, etc).

1. Administrative leave (SHARP Earnings Codes - ADM/ADE): This leave has been used for those directly affected by the flooding of a body of water. Refer to KAR 1-2-74 and the May 8, 2007 e-mail excerpt from the Division of Personnel Services Director for the requirements associated with this type of leave.

2. Disaster Leave (SHARP Earnings Codes - DIS/DSE): The employee is called by the American Red Cross and the employee is certified to serve in the relief efforts. Refer to Kansas Administrative Regulation (KAR) 1-9-24 for the requirements associated with this type of leave.

3. Military leave (SHARP Earnings Codes - MIL/MIE); “…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…” Refer to KAR 1-9-7c for the requirements associated with this type of leave.

Please refer to your Human Resource Office or Appointing Authority to determine if any of your employees meet the requirements of the leave types described above. If they do not meet the Regulation requirements of the leave types highlighted above, other leave may be available for use such as vacation, compensatory time taken, holiday compensatory time taken or a discretionary day. If you have questions concerning SHARP entry of these codes, submit an e-mail to Brent Smith at brent.smith@da.ks.us .

References:
1-2-74. Administrative leave. "Administrative leave" means leave with pay that is approved by the appointing authority for an employee pending the outcome of an investigation of that employee under K.A.R. 1-9-19 or for other situations in which the appointing authority determines that administrative leave with pay is in the best interests of the state. Administrative leave shall not be used as a reward. This regulation shall be effective on and after June 5, 2005. (Authorized by K.S.A. 2004 Supp. 75-3747; implementing K.S.A. 75-3707 and 75-3746; effective October 1, 1999; amended June 5, 2005.) http://www.da.ks.gov/ps/documents/regs/art-2.htm#1-2-74

Excerpt from May 8, 2007 e-mail from George Vega, Director Division of Personnel Services to the Human Resource Community:

“…The Division of Personnel Services has had a number of inquiries on what type of leave to charge employees, or whether to even charge employees time, for time away to clean-up and repair their homes after the recent flooding. My recommendation to you is that you authorize Administrative Leave for those instances. It is also my recommendation that such leave be limited to a maximum of 5 working days, and that it be authorized only for those employees who need to time to clean-up and repair their own homes. In the past we have suggested employees use their own leave if they wish to help family, friends, neighbors or others. Given that each situation is different, I suggest you use your own best judgment regarding these situations…”


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.) http://www.da.ks.gov/ps/documents/regs/art-9.htm#1-9-24

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.) http://www.da.ks.gov/ps/documents/regs/art-9.htm#1-9-7c