Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 8 - Local Health Departments › Section 902 KAR 8:040 - Definitions for 902 KAR Chapter 8

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				211.015,
				211.170(1),
				(2),
				211.1751,
				212.170(4),
				212.870,
				Chapter 337,
				29
				U.S.C. 207, 29 C.F.R. Part 541
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				Cabinet for Health and Family Services to promulgate administrative regulations
				necessary to operate programs and fulfill the responsibilities vested in the
				cabinet.
				KRS
				211.1755(2) requires the
				cabinet to promulgate administrative regulations establishing the policies and
				procedures for the local health department personnel program. This
				administrative regulation establishes definitions for the terms used in 902 KAR
				Chapter 8.
Section 1. Definitions.
(1) "Above minimum salary" means approval by
			 the department for a minimum salary upon appointment for a specific
			 classification which is higher than the minimum salary established by the
			 Compensation plan or given for additional years of experience above what is
			 required to qualify for the classification.
(2) "Agency" is defined by
			 KRS
			 211.1751(1).
(3) "Annual Increment" means a yearly salary
			 increase for performance based on annual evaluation as approved by the Board of
			 Health not to exceed five (5) percent of the employee's current
			 salary.
(4) "Appeal" means the
			 right to appear before a hearing officer appointed by the department and be
			 heard on matters of discrimination or disciplinary actions.
(5) "Appointing authority" means the board of
			 health or public health department director authorized under KRS Chapter 212 to
			 make appointments.
(6) "Cabinet" is
			 defined by
			 KRS
			 211.015(1)(a).
(7) "Certification of eligible applicants"
			 means a list of individuals issued by the Department for Public Health to the
			 agency certifying that the individuals listed meet the established minimum
			 qualifications of the position, passed the required examination, if any, and
			 may be considered for employment.
(8) "Class" means a group of positions
			 similar as to the duties performed; degree of supervision exercised or
			 required; minimum requirements of training, experience, or skill; and other
			 relevant characteristics.
(9)
			 "Classification plan" is defined by KRS 211.175(2).
(10) "Classified service" means employment
			 subject to
			 902 KAR
			 8:060 through
			 902
			 KAR 8:130 except for:
(a) An employee appointed on a provisional,
			 temporary, or emergency basis as described in
			 902
			 KAR 8:080;
(b) An employee appointed as a janitor;
			 or
(c) An employee appointed under
			 902
			 KAR 8:080 to work a variable schedule as needed by an
			 agency and whose hours of actual work do not exceed 800 hours per
			 year.
(11) "Compensation
			 plan" is defined by
			 KRS
			 211.1751(3).
(12) "Compensatory time" means the
			 accumulation of leave time for time worked on an hour-for-hour basis in excess
			 of thirty-seven and one-half (37.5) hours per week subject to KRS Chapter 337
			 and the Fair Labor Standards Act,
			 29
			 U.S.C. 207.
(13) "Continuous open recruitment" means the
			 local health department accepts applications at any time for a designated
			 classification.
(14) "Council" is
			 defined by
			 KRS
			 211.1751(4).
(15) "Demotion" means a change of an employee
			 from a position in one (1) class to a position in another class having a lower
			 entrance salary and less discretion or responsibility.
(16) "Department" is defined by
			 KRS
			 211.1751(5).
(17) "Detail to special duty" means the
			 assignment of an employee to a position for not more than twenty-six (26) pay
			 periods to fulfill the responsibilities of an employee on leave or the
			 assumption of additional job duties which are temporary.
(18) "Discipline" means a practice to correct
			 behavior or performance that is below acceptable standards.
(19) "Discrimination" means any
			 administrative decision that violates
			 KRS
			 344.040.
(20) "Eligible" means an individual whose
			 name appears on a register for a particular class.
(21) "Emergency appointment" means the
			 appointment of a person to a position, for a period not to exceed seven (7) pay
			 periods, if an emergency makes it impractical or impossible to fill the
			 position through standard appointment procedures.
(22) "Excessive absenteeism" means absences
			 from the employee's work station or assigned place of work that cause the
			 irregular attendance with or without approval of the agency; including:
(a) Tardiness;
(b) Leaving early;
(c) Abuse in the use of sick leave;
(d) Excessive unexcused absence that causes
			 repetitive disruption of job performance and responsibilities of the employees
			 and the agency;
(e) Abuse in the
			 use of annual leave;
(f) Violating
			 agency break policy; or
(g)
			 Violation of agency lunch policy.
(23) "Exempt" means an employee in an
			 executive, administrative, or professional position who receives an exemption
			 from the minimum wage and overtime pay requirements under the Fair Labor
			 Standards Act, 29 C.F.R. Part 541 , based upon salary level, salary basis, and
			 job duties.
(24) "Full-time
			 employee" means an employee who works at least thirty-seven and one-half (37.5)
			 hours in a work week and is compensated on a salary basis for a standard
			 biweekly pay period.
(25) "In-Range
			 adjustment" means an increase in an employee's salary because the employee's
			 position duties and responsibilities have changed, but not to the extent that
			 would warrant a reclassification.
(26) "Initial probationary period" means a
			 minimum period of six (6) months that an employee is required to serve prior to
			 becoming a regular employee in an agency.
(27) "Insubordination" means the refusal or
			 the ignoring of a request to perform a task or to comply with an order given to
			 the employee by a supervisor under circumstances where:
(a) The employee understands the order or
			 request; and
(b) Refusal to perform
			 is not justified by a reasonable safety concern.
(28) "Local health department" means an
			 agency subject to 902 KAR 8:040 through
			 902
			 KAR 8:140.
(29) "Lump sum merit payment" means a single
			 payment made to an employee based on that employee's outstanding job
			 performance.
(30) "Midpoint" means
			 the salary is equidistant between the minimum and maximum rates of salary
			 compensation set for a classification.
(31) "Minimum qualifications" means a
			 comprehensive statement which establishes the minimum background required as to
			 education and experience.
(32)
			 "Minimum salary" means the lowest rate of pay in the salary range for a class
			 of positions.
(33) "Nonexempt"
			 means the employee is required to receive minimum wage and overtime pay
			 benefits under the Fair Labor Standards Act, 29 C.F.R. Part 541.
(34) "Part-time employee" means an employee
			 who works an average of less than 100 hours per month
(35) "Partial year appointment" means the
			 employment of a person to a position that shall contain regularly-scheduled
			 hours, with a break of time not to exceed seven (7) pay periods per year,
			 during which the incumbent remains an employee but is not at work.
(36) "Part-time 100 hour employee" means an
			 employee who works an average of 100 hours per month or more.
(37) "Pay status" means a period of time for
			 which an employee receives pay for:
(a) Time
			 worked;
(b) A holiday; or
(c) Approved accumulated leave of absence,
			 including:
1. Sick leave;
2. Extended sick leave;
3. Vacation, using annual or compensatory
			 leave;
4. Military leave;
			 or
5. Another type of paid leave
			 provided by
			 902
			 KAR 8:120.
(38) "Performance evaluation" means a method
			 of appraising each employee on the employee's capability of performing the
			 duties and responsibilities of the job.
(39) "Position description" means a written
			 narrative of responsibilities and duties for an individual employee that:
(a) The employee is expected to assume for a
			 particular position; and
(b) Is in
			 line with the job description for the designated classification.
(40) "Probationary employee" means
			 an employee serving the required initial probationary period following
			 appointment.
(41) "Promotional
			 probationary period" means a period during which an employee is required to
			 demonstrate knowledge of skill in the duties to which the employee has been
			 promoted by actual performance of the duties of the position.
(42) "Reallocated" means the placement of an
			 employee in one position to a newly established class, or to another class due
			 to the employee's current class having been abolished.
(43) "Re-employ" means an employee who was
			 laid off and has been recalled for employment to the same or another position
			 based on needs of the agency. Re-employment rights last for one (1)
			 year.
(44) "Register" means an
			 officially promulgated list of eligible applicants for a job
			 classification.
(45) "Regular
			 status employee" means an employee who has successfully completed a required
			 initial probationary period upon appointment, and any extension, and is subject
			 to 902 KAR Chapter 8.
(46)
			 "Reinstatement" means to return a former employee to a position which the
			 employee held in previous employment.
(47) "Revert" means to return an employee to
			 a previously held position.
(48)
			 "Salary range" means the rate and range of pay established for a classification
			 of positions.
(49) "Variable hour
			 position" means the employee:
(a) Works
			 irregular hours and does not follow a regular schedule for work; and
(b) Is paid per service or paid an hourly
			 rate salary.