HB 699

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1AN ACT relating to paid leave for state employees.
2 Be it enacted by the General Assembly of the Commonwealth of Kentucky:
3SECTION 1. A NEW SECTION OF KRS 18A.005 TO 18A.200 IS CREATED
4 TO READ AS FOLLOWS:
5 (1)    As used in this section:
6(a)    "Child" means any person who has not reached his or her eighteenth
7birthday;
8(b)    "Family medical leave" means employer-paid leave for:
91.      The birth and care of a newborn child;
102.      Placement of a child with the employee for:
11a.   Adoption;
12b.   Foster care placement; or
13c.   Kinship care placement; or
143.      A serious health condition that makes the employee unable to perform
15the functions of his or her job;
16(c)    "Fictive kin" has the same meaning as in KRS 199.011;
17(d)    "Foster care placement" means the placement of a child in a private home
18to be cared for by a foster family under the supervision of the Cabinet for
19Health and Family Services;
20(e)    "Kinship care placement" means a temporary placement of a child with a
21blood relative or fictive kin by a court order; and
22(f)    "Parent" means the mother or father of a child by birth, adoption, foster
23care placement, or kinship care placement.
24 (2)    (a)    A classified or unclassified employee employed in a full-time position shall
25be entitled to a maximum of six (6) weeks of family medical leave.
26(b)    The employee shall be eligible for family medical leave upon completion of
27thirty (30) days of service.
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1 (3)    (a)    The employee shall use the family medical leave provided under subsection
2(2)(a) of this section within (1) year of the birth, placement of a child, or
3serious health condition. Any leave not used within one (1) year of the birth,
4placement of a child, or serious health condition shall lapse.
5(b)    If the employee is expected to have more than one (1) child during a
6particular pregnancy, or if a placement of a child will result in having more
7than one (1) child placed with the employee, the leave shall be taken
8concurrently and treated as one (1) birth or placement.
9 (4)    The employee shall be authorized to use his or her allotted family medical leave:
10(a)    As a continuous six (6) week block; or
11(b)    Intermittently throughout the year, so long as the leave is taken in one (1)
12week blocks.
13 (5)    Both parents shall be eligible to use family medical leave concurrently or
14consecutively for the birth or placement of a child, as defined in subparagraphs 1.
15and 2. of subsection (1)(b) of this section, if both parents are executive branch
16employees employed in full-time positions.
17 (6)    The employee shall request advance approval to use family medical leave. If the
18employee cannot provide advance notice, he or she shall provide notice as soon as
19practicable.
20 (7)    The employee shall use family medical leave before using any other accrued
21leave.
22 (8)    Upon completion of the service requirement described in subsection (2)(b) of this
23section, the employee may use family medical leave up to two (2) times within a
24sixty (60) month period. Family medical leave shall renew every sixty (60) months
25of service. Renewal shall void any remaining family medical leave balance so that
26the maximum amount of leave available pursuant to this section shall not exceed
27two (2) separate time blocks of six (6) weeks of paid family medical leave during a
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1sixty (60) month period.
2 (9)    The employee may elect to use his or her family medical leave concurrently or
3consecutively with leave time available under the Family and Medical Leave Act
4of 1993, 29 U.S.C. sec. 2601 et seq.
5 (10) If an employee leaves a position eligible for family medical leave, any unused
6balance remaining shall lapse. If that employee returns to a position eligible for
7family medical leave, he or she shall complete the service requirement described
8in subsection (2)(b) of this section.
9 (11) Upon separation from state service, an employee shall not be paid for any unused
10family medical leave, and any unused balance shall not convert to any other type
11of leave or benefit, including but not limited to compensation, retirement benefits,
12or any other type of compensation or benefit otherwise available to state
13employees.
14 (12) An eligible employee requesting family medical leave shall submit written
15verification of the birth, placement of a child, or serious health condition to his or
16her employer.
17Section 2. KRS 18A.025 is amended to read as follows:
18 (1)    The Governor shall appoint the secretary of personnel as provided in KRS 18A.015,
19who shall be considered an employee of the state. The secretary shall be a graduate
20of an accredited college or university and have at least five (5) years' experience in
21personnel administration or in related fields, have known sympathies with the merit
22principle in government, and shall be dedicated to the preservation of this principle.
23Additional education may be substituted for the required experience and additional
24experience may be substituted for the required education.
25 (2)    The secretary of the Personnel Cabinet or the secretary's designee shall be
26responsible for the coordination of the state's affirmative action plan established by
27KRS 18A.138.
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1 (3)    There is established within the Personnel Cabinet the following offices,
2departments, and divisions, each of which shall be headed by either a
3commissioner, executive director, or division director appointed by the secretary,
4subject to the prior approval of the Governor pursuant to KRS 12.040 or 12.050,
5depending on the level of the appointment, except that the Kentucky Employees
6Deferred Compensation Authority shall be headed by an executive director who
7shall be appointed by the authority's board of directors:
8(a)    Office of the Secretary, which shall be responsible for communication with
9state employees about personnel and other relevant issues and for the
10administration and coordination of the following:
111.      Office of Employee Relations, composed of the following programs:
12a.   Workers' Compensation Program pursuant to KRS 18A.375;
13b.   Sick Leave Sharing Program, pursuant to KRS 18A.197;
14c.   Annual Leave Sharing Program, pursuant to KRS 18A.203;
15d.   Health and Safety Program;
16e.   Employee Assistance Program;
17f.   Employee Incentive Programs, pursuant to KRS 18A.202;
18g.   Employee Mediation Program;[ and]
19h.   Living Organ Donor Leave Program, pursuant to KRS 18A.194;
20and
21i.   Family Medical Leave Program, pursuant to Section 1 of this
22Act;
232.      Office of Administrative Services, which shall be responsible for the
24Personnel Cabinet's administrative functions, composed of the following
25programs:
26a.   Division of Technology Services;
27b.   Division of Human Resources; and
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1c.       Division of Financial Services;
23.      Office of Legal Services, which shall provide legal services to the
3Personnel Cabinet and to executive branch agencies and their
4representatives upon request;
54.      Office of Diversity, Equality, and Training, which shall coordinate and
6implement diversity initiatives for state agencies, the affirmative action
7plan established by KRS 18A.138, the state Equal Employment
8Opportunity Program, and the Minority Management Trainee Program;
95.      Governmental Services Center, which shall be responsible for employee
10and managerial training and organizational development;
116.      Kentucky Public Employees Deferred Compensation Authority, which
12shall maintain a deferred compensation plan for state employees; and
137.      Office of Public Affairs, which shall assist in all aspects of developing
14and executing the strategic direction of the cabinet;
15(b)    Department of Human Resources Administration, which shall be composed of
16the:
171.      Division of Employee Management, which shall be responsible for
18payroll, records, classification, and compensation. The division shall
19also be responsible for implementing layoff plans mandated by KRS
2018A.113 and shall monitor and assist state agencies in complying with
21the provisions of the federal Fair Labor Standards Act. The division
22shall:
23a.       Maintain the central personnel files mandated by KRS 18A.020
24and process personnel documents and position actions;
25b.       Operate and maintain a uniform payroll system and certify
26payrolls as required by KRS 18A.125;
27c.       Maintain plans of classification and compensation for state service
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1and review and evaluate the plans; and
2d.   Coordinate and implement the employee performance evaluation
3systems throughout state government; and
42.      Division of Career Opportunities, which shall be responsible for
5employment counseling, applicant processing, employment register, and
6staffing analysis functions. The division shall:
7a.   Operate a centralized applicant and employee counseling program;
8b.   Operate, coordinate, and construct the examination program for
9state employment;
10c.   Prepare registers of candidate employment; and
11d.   Coordinate outreach programs, such as recruitment and the
12Administrative Intern Program; and
13(c)    Department of Employee Insurance, which shall be responsible for the:
141.      Health Insurance Program, pursuant to KRS 18A.225;
152.      Flexible Benefit Plan, pursuant to KRS 18A.227;
163.      Division of Insurance Administration, which shall be responsible for
17enrollment and service functions;
184.      Division of Financial and Data Services, which shall be responsible for
19fiscal and data analysis functions; and
205.      Life Insurance Program pursuant to KRS 18A.205 to 18A.220.
21 (4)    The cabinet shall include principal assistants appointed by the secretary, pursuant to
22KRS 12.050 or 18A.115(1)(g) and (h), as necessary for the development and
23implementation of policy. The secretary may employ, pursuant to the provisions of
24this chapter, personnel necessary to execute the functions and duties of the
25department.
26Section 3. KRS 18A.110 is amended to read as follows:
27 (1)    The secretary shall promulgate comprehensive administrative regulations for the
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1classified service governing:
2(a)    Applications and examinations;
3(b)    Certification and selection of eligibles;
4(c)    Classification and compensation plans;
5(d)    Incentive programs;
6(e)    Layoffs;
7(f)    Registers;
8(g)    Types of appointments;
9(h)    Attendance; hours of work; compensatory time; annual, court, military, sick,
10voting, family medical leave, as provided in Section 1 of this Act, living
11organ donor, and special leaves of absence, provided that the secretary shall
12not promulgate administrative regulations that would reduce the rate at which
13employees may accumulate leave time below the rate effective on December
1410, 1985; and
15(i)    Employee evaluations.
16 (2)    The secretary shall promulgate comprehensive administrative regulations for the
17unclassified service.
18 (3)    (a)    Except as provided by KRS 18A.355, the secretary shall not promulgate
19administrative regulations that would reduce an employee's salary; and
20(b)    As provided by KRS 18A.0751(4)(e), the secretary may submit a proposed
21administrative regulation providing for an initial probationary period in excess
22of six (6) months to the board for its approval.
23 (4)    The secretary may promulgate administrative regulations to implement state
24government's affirmative action plan under KRS 18A.138.
25 (5)    (a)    The administrative regulations shall comply with the provisions of this
26chapter and KRS Chapter 13A, and shall have the force and effect of law after
27compliance with the provisions of KRS Chapters 13A and 18A and the
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1procedures adopted thereunder;
2(b)    Administrative regulations promulgated by the secretary shall not expand or
3restrict rights granted to, or duties imposed upon, employees and
4administrative bodies by the provisions of this chapter; and
5(c)    No administrative body other than the Personnel Cabinet shall promulgate
6administrative regulations governing the subject matters specified in this
7section.
8 (6)    Prior to filing an administrative regulation with the Legislative Research
9Commission, the secretary shall submit the administrative regulation to the board
10for review.
11(a)    The board shall review the administrative regulation proposed by the secretary
12not less than twenty (20) days after its submission to it;
13(b)    Not less than five (5) days after its review, the board shall submit its
14recommendations in writing to the secretary;
15(c)    The secretary shall review the recommendations of the board and may revise
16the proposed administrative regulation if he or she deems it necessary; and
17(d)    After the secretary has completed the review provided for in this section, he or
18she may file the proposed administrative regulation with the Legislative
19Research Commission in accordance with[pursuant to the provisions of] KRS
20Chapter 13A.
21 (7)    The administrative regulations shall provide:
22(a)    For the preparation, maintenance, and revision of a position classification plan
23for all positions in the classified service, based upon similarity of duties
24performed and responsibilities assumed, so that the same qualifications may
25reasonably be required for, and the same schedule of pay may be equitably
26applied to, all positions in the same class. The secretary shall allocate the
27position of every employee in the classified service to one (1) of the classes in
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1the plan. The secretary shall reallocate existing positions, after consultation
2with appointing authorities, when it is determined that they are incorrectly
3allocated, and there has been no substantial change in duties from those in
4effect when such positions were last classified. The occupant of a position
5being reallocated shall continue to serve in the reallocated position with no
6reduction in salary;
7(b)    For a pay plan for all employees in the classified service, after consultation
8with appointing authorities and the state budget director. The plan shall take
9into account such factors as:
101.      The relative levels of duties and responsibilities of various classes of
11positions;
122.      Rates paid for comparable positions elsewhere taking into consideration
13the effect of seniority on such rates; and
143.      The state's financial resources.
15Amendments to the pay plan shall be made in the same manner. Each
16employee shall be paid at one (1) of the rates set forth in the pay plan for the
17class of position in which he or she is employed, provided that the full amount
18of the annual increment provided for by the provisions of KRS 18A.355, and
19the full amount of an increment due to a promotion, salary adjustment,
20reclassification, or reallocation, shall be added to an employee's base salary or
21wages;
22(c)    For the advertisement and acceptance of applications for at least five (5) days
23for those positions to be filled by classified appointment or promotion. The
24secretary may continue to receive applications and review applicants on a
25continuous basis long enough to ensure a sufficient number of applicants;
26(d)    For the rejection of candidates or eligibles who fail to comply with reasonable
27requirements of the secretary in regard to such factors as age, physical
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1condition, training, and experience, or who have attempted any deception or
2fraud in connection with an examination;
3(e)    Except as provided by this chapter, for the appointment of a person whose
4score is included in the five (5) highest scores earned on the examination;
5(f)    For annual, sick, and special leaves of absence, with or without pay, or
6reduced pay, after approval by the Governor as provided by KRS
718A.155(1)(d);
8(g)    For layoffs, in accordance with the provisions of KRS 18A.113, by reasons of
9lack of work, abolishment of a position, a material change in duties or
10organization, or a lack of funds;
11(h)    For the development and operation of programs to improve the work
12effectiveness of employees in the state service, including training, whether in-
13service or compensated educational leave, safety, health, welfare, counseling,
14recreation, employee relations, and employee mobility without written
15examination;
16(i)    For a uniform system of annual employee evaluation for classified employees,
17with status, that shall be considered in determining eligibility for discretionary
18salary advancements, promotions, and disciplinary actions. The administrative
19regulations shall:
201.      Require the secretary to determine the appropriate number of job
21categories to be evaluated and a method for rating each category;
222.      Provide for periodic informal reviews during the evaluation period
23which shall be documented on the evaluation form and pertinent
24comments by either the employee or supervisor may be included;
253.      Establish a procedure for internal dispute resolution with respect to the
26final evaluation rating;
274.      Permit a classified employee, with status, who receives either of the two
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1(2) lowest possible evaluation ratings to appeal to the Personnel Board
2for review after exhausting the internal dispute resolution procedure.
3The final evaluation shall not include supervisor comments on ratings
4other than the lowest two (2) ratings;
55.      Require that an employee who receives the highest possible rating shall
6receive the equivalent of two (2) workdays, not to exceed sixteen (16)
7hours, credited to his or her annual leave balance. An employee who
8receives the second highest possible rating shall receive the equivalent
9of one (1) workday, not to exceed eight (8) hours, credited to his or her
10annual leave balance; and
116.      Require that an employee who receives the lowest possible evaluation
12rating shall either be demoted to a position commensurate with the
13employee's skills and abilities or be terminated; and
14(j)    For other administrative regulations not inconsistent with this chapter and
15KRS Chapter 13A, as may be proper and necessary for its enforcement.
16 (8)    For any individual hired or elected to office before January 1, 2015, and paid
17through the Kentucky Human Resources Information System, the Personnel
18Cabinet shall not require payroll payments to be made by direct deposit or require
19the individual to use a web-based program to access his or her salary statement.
20 (9)    To the extent that KRS 16.010 to 16.199, 16.080, and 16.584 and administrative
21regulations promulgated by the commissioner of the Department of Kentucky State
22Police under authority granted in KRS Chapter 16 conflict with this section or any
23administrative regulation promulgated by the secretary pursuant to authority
24granted in this section, the provisions of KRS Chapter 16 shall prevail.
25Section 4.        Incumbent employees in full-time positions who have at least 30
26 days of service as of the effective date of this Act shall be immediately eligible for family
27 medical leave.
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1Section 5. The judicial and legislative branches of state government may adopt
2 a family medical leave policy for their employees pursuant to Section 1 of this Act.
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