KRS § 161.155 — KY Code / Title XIII / Chapter 161 / Section 161.155
161.155 Definitions for section -- Salary, benefits, and leave for employee or teacher when victim of assault -- Sick leave for employee or teacher -- Sick leave bank -- Sick leave donation program -- Maternity leave -- Payment for unused sick leave upon retirement or death -- Funding allocation -- Report
Status: in_force

161.155 Definitions for section -- Salary, benefits, and leave for employee or

teacher when victim of assault -- Sick leave for employee or teacher -- Sick

leave bank -- Sick leave donation program -- Maternity leave -- Payment for

unused sick leave upon retirement or death -- Funding allocation -- Report.

(1) As used in this section:

(a) "Assault" shall mean an act that intentionally causes injury so significant that

the victim is determined to be, by certification of a physician or surgeon duly

qualified under KRS Chapter 342, incapable of performing the duties of his or

her job;

(b) "Employee" shall mean any person, other than a teacher, employed in the

public schools, whether on a full or part-time basis;

(c) "Immediate family" shall mean the teacher's or employee's spouse, children

including stepchildren and foster children, grandchildren, daughters-in-law

and sons-in law, brothers and sisters, parents and spouse's parents, and

grandparents and spouse's grandparents, without reference to the location or

residence of said relative, and any other blood relative who resides in the

teacher's or employee's home;

(d) "Sick leave bank" shall mean an aggregation of sick leave days contributed by

teachers or employees for use by teachers or employees who have exhausted

all sick leave and other available paid leave days; and

(e) "Teacher" shall mean any person for whom certification is required as a basis

of employment in the common schools of the state.

(2) Each district board of education shall allow to each teacher and full-time employee

in its common school system not less than ten (10) days of sick leave during each

school year, without deduction of salary. Sick leave shall be granted to a teacher or

employee if he or she presents a personal statement or a certificate of a physician

stating that the teacher or employee was ill, that the teacher or employee was absent

for the purpose of attending to a member of his or her immediate family who was

ill, or for the purpose of mourning a member of his or her immediate family. The

ten (10) days of sick leave granted in this subsection may be taken by a teacher or

employee on any ten (10) days of the school year and shall be granted in addition to

accumulated sick leave days that have been credited to the teacher or employee

under the provisions of subsection (4) of this section.

(3) A school district shall coordinate among the income and benefits from workers'

compensation, temporary disability retirement, and district payroll and benefits so

that there is no loss of income or benefits to a teacher or employee for work time

lost because of an assault while performing the teacher's or employee's assigned

duties for a period of up to one (1) year after the assault. In the event a teacher or

employee suffers an assault while performing his or her assigned duties that results

in injuries that qualify the teacher or employee for workers' compensation benefits,

the district shall provide leave to the teacher or employee for up to one (1) year

after the assault with no loss of income or benefits under the following conditions:

(a) The district shall pay the salary of the teacher or employee between the time

of the assault and the time the teacher's or employee's workers' compensation

income benefits take effect, or the time the teacher or employee is certified to

return to work by a physician or surgeon duly qualified under KRS Chapter

342, whichever is sooner;

(b) The district shall pay, for up to one (1) year from the time of the assault, the

difference between the salary of the teacher or employee and any workers'

compensation income benefits received by the teacher or employee resulting

from the assault. Payments by the district shall include payments for

intermittent work time missed as a result of the assault during the one (1) year

period. If the teacher's or employee's workers' compensation income benefits

cease during the one (1) year period after the assault, the district shall also

cease to make payments under this paragraph;

(c) The Commonwealth, through the Kentucky Department of Education, shall

make the employer's health insurance contribution during the period that the

district makes payments under paragraphs (a) and (b) of this subsection;

(d) The Commonwealth, through the Kentucky Department of Education, shall

make the employer's contribution to the retirement system in which the

teacher or employee is a member during the period that the district makes

payments under paragraphs (a) and (b) of this subsection; and

(e) Payments to a teacher or employee under paragraphs (a) and (b) of this

subsection shall be coordinated with workers' compensation benefits under

KRS Chapter 342, disability retirement benefits for teachers under KRS

161.661 to 161.663, and disability retirement benefits for employees under

KRS 61.600 to 61.621 and 78.5522, 78.5524, 78.5526, 78.5528, and 78.5530

so that the teacher or employee receives income equivalent to his or her full

contracted salary, but in no event shall the combined payments exceed one

hundred percent (100%) of the teacher's or employee's full contracted salary.

(4) Days of sick leave not taken by an employee or a teacher during any school year

shall accumulate without limitation and be credited to that employee or teacher.

Accumulated sick leave may be taken in any school year. Any district board of

education may, in its discretion, allow employees or teachers in its common school

system sick leave in excess of the number of days prescribed in this section and

may allow school district employees and teachers to use up to three (3) days' sick

leave per school year for emergency leave pursuant to KRS 161.152(3). Any

accumulated sick leave days credited to an employee or a teacher shall remain so

credited in the event he or she transfers his or her place of employment from one (1)

school district to another within the state or to the Kentucky Department of

Education or transfers from the Department of Education to a school district.

(5) Accumulated days of sick leave shall be granted to a teacher or employee if, prior to

the opening day of the school year, a statement or a certificate of a physician is

presented to the district board of education, stating that the teacher or employee is

unable to commence his or her duties on the opening day of the school year, but

will be able to assume his or her duties within a period of time that the board

determines to be reasonable.

(6) Any school teacher or employee may repurchase previously used sick leave days

with the concurrence of the local school board by paying to the district an amount

equal to the total of all costs associated with the used sick leave.

(7) A district board of education may adopt a plan for a sick leave bank. The plan may

include limitations upon the number of days a teacher or employee may annually

contribute to the bank and limitations upon the number of days a teacher or

employee may annually draw from the bank. Only those teachers or employees who

contribute to the bank may draw upon the bank. Days contributed will be deducted

from the days available to the contributing teacher or employee. The sick leave

bank shall be administered in accordance with a policy adopted by the board of

education.

(8) (a) A district board of education shall establish a sick leave donation program to

permit teachers or employees to voluntarily contribute sick leave to teachers

or employees in the same school district who are in need of an extended

absence from school. A teacher or employee who has accrued more than

fifteen (15) days' sick leave may request the board of education to transfer a

designated amount of sick leave to another teacher or employee who is

authorized to receive the sick leave donated. A teacher or employee may not

request an amount of sick leave be donated that reduces his or her sick leave

balance to less than fifteen (15) days.

(b) A teacher or employee may receive donations of sick leave if:

1. a. The teacher or employee or a member of his or her immediate

family suffers from a medically certified illness, injury,

impairment, or physical or mental condition that has caused or is

likely to cause the teacher or employee to be absent for at least ten

(10) days; or

b. The teacher or employee suffers from a catastrophic loss to his or

her personal or real property, due to either a natural disaster or fire,

that either has caused or will likely cause the employee to be

absent for at least ten (10) consecutive working days;

2. The teacher's or employee's need for the absence and use of leave are

certified by a licensed physician for leave requested under subparagraph

1.a. of this subsection;

3. The teacher or employee has exhausted his or her accumulated sick

leave, personal leave, and any other leave granted by the school district;

and

4. The teacher or employee has complied with the school district's policies

governing the use of sick leave.

(c) While a teacher or employee is on sick leave provided by this section, he or

she shall be considered a school district employee, and his or her salary,

wages, and other employee benefits shall not be affected.

(d) Any sick leave that remains unused, is not needed by a teacher or employee,

and will not be needed in the future shall be returned to the teacher or

employee donating the sick leave.

(e) The board of education shall adopt policies and procedures necessary to

implement the sick leave donation program.

(9) (a) A teacher or employee may use up to thirty (30) days of sick leave following

the birth or adoption of a child or children. Additional days may be used when

the need is verified by a physician's statement.

(b) On or before July 1, 2030, each school district shall establish a policy to

provide up to thirty (30) paid maternity leave days for a teacher or employee

who gives birth to a child. The maternity leave days shall be used without

deduction of salary and shall be used prior to the teacher or employee using

any other leave. Any maternity leave days unused by the teacher or employee

shall not transfer into sick leave or be converted to any other leave type and

shall expire upon return to work. This paragraph shall not limit a school

district's authority to establish additional paid maternity benefits or to provide

paid parental leave benefits.

(10) (a) A district board of education may compensate, at the time of retirement or

upon the death of a member in active contributing status at the time of death

who was eligible to retire by reason of service, an employee or a teacher, or

the estate of an employee or teacher, for each unused sick leave day. The rate

of compensation for each unused sick leave day shall be based on a

percentage of the daily salary rate calculated from the employee's or teacher's

last annual salary, not to exceed thirty percent (30%).

(b) Except as provided in paragraph (c) of this subsection, payment for unused

sick leave days under this subsection shall be incorporated into the annual

salary of the final year of service for inclusion in the calculation of the

employee's or teacher's retirement allowance only at the time of his or her

initial retirement, provided that the member makes the regular retirement

contribution for members on the sick leave payment. The accumulation of

these days includes unused sick leave days held by the employee or teacher at

the time of implementation of the program.

(c) For a teacher or employee who becomes a nonuniversity member of the

Teachers' Retirement System on or after January 1, 2022, as provided by KRS

161.220, payment for unused sick leave days under this subsection shall not

be incorporated into the annual compensation used to calculate the teacher's or

employee's retirement allowance in the foundational benefit component as

described by KRS 161.633 but may be deposited into the nonuniversity

member's supplemental benefit component as provided by KRS 161.635.

(d) For a teacher or employee who begins employment with a local school district

on or after July 1, 2008, the maximum amount of unused sick leave days a

district board of education may recognize in calculating the payment of

compensation to the teacher or employee under this subsection shall not

exceed three hundred (300) days.

(e) 1. Actuarial costs to the Teachers' Retirement System for the inclusion of

payment for unused sick leave days that are eligible for compensation

under paragraph (b) of this subsection shall be funded in accordance

with this paragraph.

2. The state shall pay the actuarial costs for the compensation attributable

to the actual unused sick leave accrued as of June 30, 2025, plus annual

adjustments to the sick leave balance each fiscal year thereafter, based

upon the sick leave accrued or used by the teacher or employee, not to

exceed thirteen (13) additional days per year. Unused sick leave payable

by the state shall not include any annual leave described by KRS

161.540(1)(f) or the cost of unused sick days for employees retiring

from agencies listed in KRS 161.220(4)(d) and (f).

3. The last employer who is compensating the unused sick day as provided

in paragraph (a) of this subsection shall pay the actuarial costs of

compensation for unused sick leave days not paid by the state under

subparagraph 2. of this paragraph. Upon the teacher's or employee's

retirement, the Teachers' Retirement System shall bill the last employer

for the cost of the unused sick days, and the employer shall pay the costs

within fifteen (15) days after receiving notification of the cost from the

system.

4. The actuarial costs of the unused sick days shall be the amount payable

for unused sick days after the fixed statutory employee and employer

contributions have been paid as provided in KRS 161.540 and

161.550(1) and that is necessary to fund the benefit.

(f) For the fiscal year ending June 30, 2025, and each fiscal year thereafter, each

school district shall annually report to the Teachers' Retirement System the

sick leave balances for each teacher and employee who is a member of the

Teachers' Retirement System. The report shall include for each teacher or

employee:

1. The sick leave days accrued at the beginning of the fiscal year;

2. The sick leave days accrued during the fiscal year;

3. Any other days of leave added to the sick leave balance during the fiscal

year by rollover, conversion, or any other method;

4. The sick leave days used during the fiscal year; and

5. The sick leave balance at the end of the fiscal year.

(g) Each school district shall file with the Teachers' Retirement System

information regarding their sick leave policies and provisions that are

applicable to members of the system, including:

1. The number of sick leave days accrued annually under the sick leave

program established pursuant to subsection (2) of this section;

2. Any other types of leave and the amount of leave by type that may, prior

to retirement or at the time of retirement, be included by rollover,

conversion, or any other method, in an employee's sick leave balance

pursuant to any district policy or any contract entered into by the

district; and

3. Any other information required by the system.

The reporting required by this paragraph shall include a description of

whether the policies or contracts governing sick leave policies apply to all

employees, a class of employees, or a specific employee of the district.

(11) Any statute to the contrary notwithstanding, employees and teachers who

transferred from the Department of Education to a school district, from a school

district to the Department of Education, or from one (1) school district to another

school district after July 15, 1981, shall receive credit for any unused sick leave to

which the employee or teacher was entitled on the date of transfer. This credit shall

be for the purposes set forth in subsection (10) of this section.

(12) The death benefit provided in subsection (10) of this section may be cited as the

Baughn Benefit.