KRS § 18A.203 — KY Code / Title III / Chapter 18A / Section 18A.203
18A.203 Annual-leave sharing program
Status: in_force

18A.203 Annual-leave sharing program.

(1) The Commonwealth of Kentucky annual leave sharing program is created. An

employee who has accrued an annual leave balance of more than seventy-five (75)

hours may request that the appointing authority of the agency for which the

employee works makes available for transfer a specified amount of his or her annual

leave balance to another named employee authorized to receive leave under

subsection (2) of this section. The employee may not request a transfer of an

amount of leave that would result in reducing his or her annual leave balance to less

than seventy-five (75) hours.

(2) An appointing authority, with the approval of the secretary of personnel, may permit

an employee of the agency to receive leave under this section if:

(a) The employee suffers from a catastrophic loss to his or her personal property,

due to either a natural disaster or fire, that either has caused or will likely

cause the employee to go on leave for at least ten (10) consecutive working

days;

(b) The employee has exhausted his or her accumulated annual leave and

compensatory leave balances; and

(c) The employee has complied with administrative regulations governing the use

of annual leave.

(3) The appointing authority, with the approval of the secretary of personnel, shall

determine the amount of leave, if any, that an employee within his or her agency

may receive under subsection (2) of this section. Transfers of leave shall not exceed

the amount requested by the recipient.

(4) Leave may be transferred from an employee of one (1) agency to an employee

within the same agency. With the approval of the secretary of personnel and of the

appointing authorities of both agencies, leave may be transferred from an employee

of one (1) agency to an employee of another state agency. The Personnel Cabinet

shall maintain records of leave transferred between employees and the utilization of

transferred leave.

(5) While an employee is on leave transferred under this section, he or she shall be

deemed a state employee and shall receive the same treatment with respect to salary,

wages, and employee benefits.

(6) All salary and wage payments made to an employee while on leave transferred

under this section shall be made by the agency employing the person receiving the

leave.

(7) Any leave transferred under this section that remains unused shall be returned to the

employees who transferred the leave when the appointing authority finds that the

leave is no longer needed and will not be needed at a future time in connection with

the catastrophic loss for which the leave was transferred to an employee in his or

her agency.

(8) No employee shall directly or indirectly intimidate, threaten, or coerce, or attempt to

intimidate, threaten, or coerce any other employee for the purpose of interfering

with the employee's right to voluntarily contribute leave when authorized under this

section. For the purpose of this subsection, "intimidate, threaten, or coerce" shall

include, without being limited to, the promise to confer or the conferring of any

benefit or effecting or threatening to effect any reprisal.

(9) The secretary of the Personnel Cabinet shall promulgate procedural administrative

regulations to implement the provisions of this section.