KRS § 18A.197 — KY Code / Title III / Chapter 18A / Section 18A.197
18A.197 Sick-leave sharing program
Status: in_force

18A.197 Sick-leave sharing program.

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

employee who has accrued a sick 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 sick

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 sick 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 or a member of his or her immediate family suffers from a

medically certified illness, injury, impairment, or physical or mental condition

which has caused, or is likely to cause, the employee to go on leave for at

least ten (10) consecutive working days;

(b) The employee's need for absence and use of leave are certified by a licensed

practicing physician or advanced practice registered nurse;

(c) The employee has exhausted his or her accumulated sick leave, annual leave,

and compensatory leave balances; and

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

of sick leave.

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

determine the amount of leave, if any, which 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 which 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 illness or injury for which the leave was transferred to an employee in his

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.