reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 5 - COMPENSATION › Section 1-5-19b - Individual pay step increases

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each employee
			 whose latest performance review rating in the preceding 12-month period is at
			 least satisfactory shall receive a pay step increase as provided by subsections
			 (b) and (c) of this regulation, except as otherwise ordered by the governor.
(b) Each employee who is on the
			 minimum step or the second step of a pay grade shall receive a one-step pay
			 increase after six full months on that step of the pay grade.
(c) Each employee who is on the third step of
			 a pay grade or any higher step, except the maximum step, shall receive a
			 one-step pay increase after 12 full months on that step of the pay grade.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 5 - COMPENSATION › Section 1-5-19c - Effect of pay grade changes on pay

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If the governor
			 has assigned a class of positions to a higher pay grade, the appointing
			 authority shall pay each employee in the class on one of the following steps:
(1) The same step of the pay grade for the
			 new class as the step on which the employee was being paid in the lower class;
(2) any lower step of the pay
			 grade for the new class that gives the employee an increase in pay; or
(3) the step on the pay grade of
			 the new class that provides the same rate, in dollar amount, as the current
			 rate paid to the employee.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 5 - COMPENSATION › Section 1-5-20 - Individual pay decreases

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The appointing
			 authority may reduce the pay of any employee one step because of a less than
			 satisfactory rating according to the employee's current performance review.
			 Such a decrease shall not result in a pay rate below the minimum step of the
			 pay grade. Approval of the director shall be required for more than one of
			 these reductions in any 12-month period.
(b) Following a pay decrease, the employee's
			 pay increase date shall be governed by the time-on-step requirement of the new
			 step, except that the pay may be increased to the step from which it was
			 reduced in any later payroll period, if the employee's subsequent rating is
			 satisfactory.
(c) This regulation
			 shall be effective on and after June 5, 2005.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 5 - COMPENSATION › Section 1-5-21 - Biweekly salary or hourly rates

Current through Register Vol. 43, No. 28, July 11, 2024
Each exempt employee shall be paid a biweekly salary. Each
				non-exempt employee shall be paid an hourly rate as determined under K.S.A.
				1994 Supp.
				75-5515, and amendments thereto.
				This regulation shall be effective on and after December 17, 1995.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 5 - COMPENSATION › Section 1-5-22 - Payment for two or more positions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each employee
			 who is employed in two or more regular, part-time positions shall receive
			 separate pay for the duties performed in each position. Except as provided in
			 subsection (c), the percentage of time worked on all positions shall not exceed
			 100 percent.
(b) Each employee in
			 multiple regular, part-time positions shall receive benefits commensurate with
			 the total time worked on all regular, part-time positions.
(c) Any classified exempt employee may hold
			 one or more additional unclassified exempt positions teaching or conducting
			 research in a state educational institution without limit on total pay, if the
			 appointing authority in the classified service certifies that the position does
			 not detract from the time for which the employee is being paid as a classified
			 exempt employee.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 5 - COMPENSATION › Section 1-5-24 - Overtime

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 otherwise provided by statute or these regulations, employees of the state who
			 are eligible to receive overtime compensation under the fair labor standards
			 act of 1938 (FLSA), as amended, shall be compensated for overtime as provided
			 in that act. State employees in agricultural positions shall also be eligible
			 for overtime compensation. The final determination of eligibility to receive
			 overtime as specified in this subsection shall be made by the director for all
			 classified employees and all unclassified employees whose pay is subject to
			 approval by the governor under
			 K.S.A.
			 75-2935b and amendments thereto.
(b)
(1) The
			 rate at which any eligible employee is to be compensated for overtime worked
			 shall be one and a half times the employee's regular rate of pay. This rate
			 shall not include premium pay for holidays worked or any call-in and callback
			 compensation paid for hours not actually worked.
(2) All employees who are eligible for
			 overtime compensation and who were paid for overtime during the 12 months
			 preceding the receipt of a longevity bonus payment or a quality award bonus
			 payment shall receive an additional overtime payment, which shall be calculated
			 as follows:
(A) Divide the bonus pay by total
			 hours worked in the preceding 12 months to obtain the increase in the regular
			 rate; and
(B) multiply the
			 increase in the regular rate by the number of overtime hours paid in the
			 preceding 12 months; then, multiply that product by one-half. The result shall
			 be the employee's additional overtime pay.
No additional overtime pay shall be due for any overtime hours
				worked during the preceding 12 months for which compensatory time was given
				under subsection (e).
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 5 - COMPENSATION › Section 1-5-25 - Call-in and call-back pay

Current through Register Vol. 43, No. 28, July 11, 2024
(a) An appointing
			 authority may call an employee in to work on a regular day off or may call an
			 employee back to work after a regular work schedule. Except as provided in
			 subsection (b), employees of the state who are eligible to receive overtime
			 pursuant to K.A.R. 1-5-24, and who are called in to work on a regular day off
			 or are called back to work after a regular work schedule, shall be paid at the
			 appropriate rate of pay for the hours worked. Except as noted below, such
			 employees shall be paid for a minimum of two hours. The minimum of two hours
			 shall not apply if the employee was on stand-by when called in or called back,
			 nor shall it apply if the employee was called in or called back during the two
			 hour period immediately prior to the beginning of the employee's next regularly
			 scheduled work shift. Only the hours actually worked shall be credited in
			 determining eligibility for overtime compensation.
(b) The head of each agency with employees
			 engaged in law enforcement and firefighting activities as defined in 29 C.F.R.
			 553, shall determine whether such employees will be eligible for call-in and
			 call-back pay as provided in this regulation and shall submit a written
			 statement regarding such determination to the director. The determination as to
			 eligibility for call-in and call-back may be modified by the secretary upon
			 recommendation of the director.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 5 - COMPENSATION › Section 1-5-26 - Stand-by compensation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any appointing
			 authority may require a non-exempt employee to be on stand-by. "Stand-by time"
			 means a period of time outside a non-exempt employee's regularly scheduled work
			 hours, during which the non-exempt employee is required, at agency direction,
			 to remain available to the agency within a specified response time. Each
			 non-exempt employee on stand-by shall be available at agency direction for
			 recall to perform necessary work. Stand-by assignments shall be limited to work
			 situations where a probability of emergency recall of a non-exempt employee or
			 employees exists. When an employer is able to contact employees by means of a
			 paging device, the employer shall establish a policy stating whether such
			 employees are eligible for stand-by compensation.
(b) Except as provided in subsection (f),
			 each non-exempt employee shall be compensated at the rate of one dollar per
			 hour for each hour the employee serves on stand-by status.
(c) Each non-exempt employee on stand-by who
			 is called in to work shall be compensated for the actual hours worked at the
			 appropriate rate of pay, but shall not be paid stand-by compensation for the
			 hours actually worked. Only the hours actually worked by the non-exempt
			 employee shall be credited in determining eligibility for overtime
			 compensation.
(d) Time during
			 which a non-exempt employee is restricted to a particular telephone number at a
			 location designated by the employer, or to the employer's premises, in order to
			 remain personally available to the employer shall be considered hours worked
			 and the employee shall be compensated at the employee's regular rate of pay
			 instead of receiving stand-by compensation.
(e) Any non-exempt employee on stand-by, or
			 who is subject to the provisions of subsection (d), who is not available when
			 called, and who does not present reasonable justification for failure to report
			 when called, shall lose compensation for that stand-by period and may be
			 subject to disciplinary action.
(f) The head of each agency with employees
			 engaged in law enforcement and firefighting activities as defined in 29 C.F.R.
			 553, as in effect on July 1, 1994, shall determine whether those employees will
			 be eligible for stand-by compensation as provided in this regulation and shall
			 submit a written statement regarding that determination to the director. The
			 determination as to eligibility for stand-by compensation may be modified by
			 the secretary upon recommendation of the director.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 5 - COMPENSATION › Section 1-5-28 - Shift differential

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each agency
			 having multi-shift operations shall designate one or more shifts as a normal
			 day shift. Each agency shall specify no more than 12 consecutive hours in the
			 day from which normal day shifts may be designated. Each normal day shift shall
			 fall entirely within those designated hours.
(b) Except as provided in subsection (e), a
			 shift differential shall be paid to classified employees in positions eligible
			 to receive overtime pursuant to K.A.R. 1-5-24 for hours worked on regularly
			 established shifts other than the normal day shift or shifts. The shift
			 differential shall not be paid to an employee for any time the employee is on
			 any type of leave or holiday or when the employee works unscheduled hours
			 before or after a normal day shift.
(c) Upon recommendation of the secretary, the
			 amount of the shift differential shall be that amount set by executive
			 directive of the governor. The amount shall be recommended by the secretary
			 after consideration of pay survey data and other appropriate and relevant
			 factors, which shall be reviewed at least annually.
(d) With regard to particular classes of
			 employees, or particular agencies, or employees located in particular
			 geographic areas of the state, a recommendation to extend or deny the shift
			 differential authorized by this regulation may be submitted by the director of
			 personnel services to the secretary. This extension or denial shall be
			 effective when approved by executive directive of the governor.
(e) The head of each agency with employees
			 engaged in law enforcement and fire fighting activities, as defined in 29
			 C.F.R. 553, as in effect on July 1, 1994, shall determine whether such
			 employees will be eligible for shift differential as provided in this
			 regulation and shall submit a written statement regarding such determination to
			 the director. The determination as to eligibility for shift differential may be
			 modified by executive directive of the governor. This regulation shall be
			 effective on and after December 17, 1995.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 5 - COMPENSATION › Section 1-5-29 - Longevity bonus pay

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Upon completion
			 of 10 years of length of service, each classified employee in a regular
			 position shall be eligible for longevity bonus pay.
(b) The longevity bonus payment for each
			 eligible employee shall be computed by multiplying $40 by the number of full
			 years of state service, not to exceed 25 years.
(c) Longevity bonus pay shall increase the
			 regular rate applying to overtime pay for hours worked during the 12 months
			 preceding the date the longevity bonus is paid to the employee and shall be
			 considered in calculating the payment of compensatory time to an employee upon
			 termination as provided in K.A.R. 1-5-24.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 5 - COMPENSATION › Section 1-5-30 - Benefits for employees activated to military duty

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each employee
			 who is ordered to report for active military service upon the activation of the
			 National Guard and reserve units by presidential order, or who volunteers for
			 this active duty, shall be eligible for the following benefits:
(1) The employee shall continue to accrue
			 length of service, but shall not accrue vacation or sick leave. Upon return to
			 work, the employee's vacation leave accrual rate shall be increased to the
			 appropriate level if the length of service the employee accrued while on
			 military leave qualifies the employee for a higher accrual rate.
(2) A death benefit shall be payable if the
			 employee dies while on active military duty. The death benefit shall be in an
			 amount equal to the amount provided by the group term life insurance through
			 the Kansas public employees retirement system that the employee would have
			 received at the time of death if the employee had not been on active duty. The
			 employing state agency at the time the employee entered active duty shall pay
			 the death benefit. The death benefit shall be paid to the employee's
			 beneficiary or beneficiaries, as designated on forms approved by the director
			 of personnel services. If no beneficiary has been designated, the death benefit
			 shall be paid to the estate of the employee. The provisions of this paragraph
			 shall be applicable to each state employee who meets the following conditions:
(A) Immediately before entering active duty,
			 was eligible for the insured death benefit provided under
			 K.S.A.
			 74-4901
et seq.
, and
			 amendments thereto, and funded by the employing agency; and
(B) would not, at the time of death, be
			 eligible for the death benefit described under paragraph (a)(2)(A).
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 6 - RECRUITING AND STAFFING › Section 1-6-1 - Registration for employment

Current through Register Vol. 43, No. 28, July 11, 2024
Each person seeking employment with the state shall register on
				forms prescribed by the director, and these forms may be submitted or updated
				at any time. Registering with the state shall not constitute applying for a
				vacancy. This regulation shall be effective on and after December 17, 1995.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 6 - RECRUITING AND STAFFING › Section 1-6-2 - Recruitment

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) For each classified vacancy to be filled,
			 the appointing authority shall post a job requisition on the central notice of
			 vacancy report administered by the director, except as provided in subsection
			 (b).
(A) Each job requisition posted on the
			 central notice of vacancy report shall be open to applications from the
			 following individuals:
(i) Employees within
			 the agency that is posting the job requisition;
(ii) persons in the reemployment pool; and
(iii) persons who separate from
			 state service due to a permanent disability for which the employee receives
			 disability benefits from either the Kansas public employee retirement system or
			 the United States social security administration.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 6 - RECRUITING AND STAFFING › Section 1-6-3 - Filling vacancies

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For each
			 classification, required selection criteria shall be established by the
			 director concerning education, experience, age, physical requirements,
			 character, and other factors that are related to ability to perform
			 satisfactorily the duties of positions in the class. Each required selection
			 criterion shall relate directly to the duties of positions in the class.
			 Optional selection criteria may be established by the director for one or more
			 classes, which may be designated by the appointing authority as preferred or
			 required for particular positions in the classes.
(b) Each applicant certified to the pool of
			 eligible candidates shall meet the required selection criteria for that class
			 and position at the time of hire. If the required selection criteria for a
			 class or position includes a degree requirement, any applicant who is expected
			 to complete the degree requirement by the end of the current academic term may
			 be certified to the pool of eligible candidates for that class or position and
			 extended a conditional offer of employment. The applicant shall meet the degree
			 requirement at the time of hire.
(c) Any agency may establish preferred
			 selection criteria, in addition to those provided under subsection (a), in
			 order to determine the capacity and fitness of each eligible candidate in the
			 pool to perform the position's specific duties.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 6 - RECRUITING AND STAFFING › Section 1-6-7 - Disqualification of applicants and candidates

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any applicant
			 or candidate may be disqualified by the director in the following
			 circumstances. The director may refuse to assess an applicant or a candidate,
			 or may refuse to place a candidate in the eligible pool, or may remove a
			 candidate from the eligible pool when the applicant or candidate has been
			 dismissed from employment with the state for delinquency or misconduct, or
			 fails to furnish a complete application or any information requested by the
			 director, or for any of the reasons stated in
			 K.S.A.
			 75-2940.
(b) Whenever the director disqualifies an
			 applicant or candidate from any part of the employment process, a statement of
			 the reasons for the disqualification shall be provided by the director. The
			 applicant or candidate shall be provided an opportunity to respond in writing
			 or to appear before the director within 14 calendar days to provide cause why
			 the action should not be taken.
(c) The applicant or candidate may request in
			 writing, within 30 days from the date of the disqualification, a hearing before
			 the civil service board to determine the reasonableness of the action. The
			 board shall, within a reasonable period, grant the applicant or candidate a
			 hearing. This regulation shall be effective on and after December 17, 1995.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 6 - RECRUITING AND STAFFING › Section 1-6-8 - Selection instruments

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each appointing
			 authority shall develop selection instruments to fairly assess the capacity and
			 fitness of applicants to perform the duties of the position in which employment
			 is sought. Selection instruments may include ratings of training, experience,
			 and other qualifications, written tests, performance tests, interviews,
			 physical fitness tests, assessment center evaluations, medical examinations, or
			 other selection procedures. In accordance with these regulations, the
			 appointing authority shall be responsible for developing, maintaining, and
			 validating selection instruments and shall make all selection instruments,
			 procedures, records, or other selection materials available to the director
			 upon request. Any agency, upon request, may be assisted by the director in
			 developing, maintaining, and validating selection instruments. Selection
			 instruments may also be developed, maintained, and validated by the director.
(b) Promotional selection
			 instruments shall include, in addition to any or all of the selection
			 instruments identified above, consideration of the applicant's performance and
			 length of service.
(c) Subject to
			 policies established by the appointing authority to protect the confidentiality
			 of information obtained by using the selection instruments, the document or
			 records containing this information may be inspected by the applicant.
(d) This regulation shall be
			 effective on and after June 5, 2005.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 6 - RECRUITING AND STAFFING › Section 1-6-21 - Candidate pools for regular positions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) For each
			 vacancy in a regular position that is to be filled, the appointing authority
			 shall hire from among those persons certified as eligible. The pool of
			 candidates certified as eligible to fill a vacant position may be used to fill
			 one or more other vacancies in the same classification within 60 days of the
			 last date on which applications are accepted for the first vacant position.
(b) The selection criteria shall
			 be job-related. Each agency shall provide the candidates with equal
			 consideration when applying the selection criteria.
(c) Each veteran who meets the minimum
			 requirements for a vacant position shall be offered an interview for that
			 vacancy when all of the following conditions are met:
(1) The vacancy is a regular position.
(2) A notice of vacancy, including
			 a notice of an internal vacancy, has been posted for that position in
			 accordance with the provisions of K.A.R. 1-6-2.
(3) No individuals who are eligible for the
			 Kansas employee preference program have applied for that vacancy.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 6 - RECRUITING AND STAFFING › Section 1-6-22a - Training classes

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Certain classes
			 of positions may be designated by the director as training classes. Each person
			 employed in a training class shall be in training status and not in
			 probationary or permanent status. The training period served for each training
			 class established as provided by this regulation shall be specified by written
			 agreement between the director and the appointing authority of the agency in
			 which the training class is used. If a specific training class is used by more
			 than one agency, the duration of the training period served for that class
			 shall be established by the director after consultation with all agencies that
			 use the class.
(b) The appointing
			 authority may dismiss a trainee at any time, except as follows.
(1) If a trainee was promoted from a
			 classified position in which an employee held permanent status, the provisions
			 in K.S.A.
			 75-2944, and amendments thereto, shall apply.
(2) If an employee who was demoted
			 or transferred to a trainee position is terminated for reasons other than
			 personal conduct, the employee shall be accorded the right to a position in the
			 class in which the employee held permanent status immediately before the
			 trainee position.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 6 - RECRUITING AND STAFFING › Section 1-6-23 - Reemployment

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Except as provided in subsection (b),
			 each employee who is laid off, or demoted or transferred in lieu of layoff,
			 shall be placed in a reemployment pool by the director, unless the employee
			 requests in writing to not be placed in the reemployment pool. Each employee in
			 the reemployment pool shall be eligible to apply for any vacancy to be filled,
			 including any internal vacancy, until the date the employee is re-employed or
			 for three years from the date of the layoff, whichever occurs first.
(2) Each employee who is eligible for
			 reemployment and who is also a veteran shall be offered an interview for any
			 vacancy that meets all of the following conditions:
(A) The vacancy is for a regular position in
			 the classified service.
(B) The
			 vacant position is at the same pay grade or a lower pay grade than the pay
			 grade at which the individual was paid at the time the individual received the
			 notice of layoff.
(C) The employee
			 meets the minimum requirements for the position.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 6 - RECRUITING AND STAFFING › Section 1-6-24 - Transfer

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any appointing
			 authority may transfer any employee with permanent status in accordance with
			 the following regulations.
(1) An employee
			 with permanent status may be transferred from a duty station in one county to a
			 duty station in another county with the consent of the secretary of
			 administration or the written consent of the employee.
(2) Any appointing authority may accept, by
			 transfer, any employee with permanent status employed in another agency.
(3) Any employee with permanent
			 status, or any employee serving a probationary period because of a promotion,
			 may be transferred from a position in one class to a position in a different
			 class if both positions are allocated to classes which are assigned to the same
			 pay grade, have a close similarity of duties, and have essentially the same
			 qualifications, and if the employee meets the qualifications for the new class.
(4) Each employee with permanent
			 status who is transferred from one position to another position shall retain
			 permanent status in the new position.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 6 - RECRUITING AND STAFFING › Section 1-6-25 - Temporary positions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Except as
			 otherwise provided by law, any appointing authority may fill a temporary
			 position with any person who meets the required selection criteria for the
			 class and the position. Employment of a person in one or more temporary
			 positions shall not exceed 999 total hours of employment in state service for a
			 period of 12 consecutive months. If the duration of a temporary position is to
			 be less than 999 hours, the maximum duration of the temporary position shall be
			 indicated by the appointing authority. All time worked, including overtime,
			 shall count towards the 999 hours. Each temporary appointment shall be ended no
			 later than 12 months after its commencement, even if the appointee works fewer
			 than 999 hours. Any person may occupy more than one temporary position in a
			 period of 12 consecutive months, if the total number of hours of employment in
			 state service does not exceed 999 hours.
(b) Time worked in one or more temporary
			 positions shall not be counted as part of the probationary period if an
			 individual is subsequently hired in a regular position.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 6 - RECRUITING AND STAFFING › Section 1-6-26a - Limited-term positions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) "Limited-term
			 position" means a position in the classified service that is scheduled to
			 terminate within a predetermined period of time, as stipulated in grant
			 specifications or other contractual agreements.
(b) Each individual in a limited-term
			 position shall be notified at the time of hiring of the expiration date of the
			 grant or contractual agreement. No employee with permanent status may be
			 transferred to a limited-term position without the written consent of that
			 employee. The end date of the position shall be entered on the employee's
			 personnel record at the time of hiring.
(c) Each individual in a limited-term
			 position shall be terminated on the end date of that position, subject to any
			 extensions of the limited-term position. The termination of any employee who
			 serves the full length of a limited-term position shall not be considered a
			 layoff of that employee, and the provisions of
			 K.S.A.
			 75-2948, and amendments thereto, and any
			 regulations adopted under that statute shall not apply to the employee.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 6 - RECRUITING AND STAFFING › Section 1-6-27 - Demotion

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any employee
			 with permanent status may be demoted to a position in a lower class if that
			 position is in the same series of classes, or if the appointing authority
			 determines that the employee can reasonably be expected to perform
			 satisfactorily the duties of the position in the lower class. Each employee
			 with permanent status who is demoted pursuant to this regulation shall be
			 granted permanent status in the class to which demoted, effective on the date
			 of the demotion.
(b) Each request
			 for a voluntary demotion shall be subject to approval of the appointing
			 authority. The employee shall not be entitled to appeal the voluntary demotion
			 to the civil service board.
(c)
			 The demotion of an employee with permanent status for unsatisfactory
			 performance of duties, for disciplinary reasons, or for other good cause shall
			 be managed in accordance with the appropriate procedures specified in
			 K.S.A.
			 75-2944,
			 K.S.A.
			 75-2949,
			 K.S.A.
			 75-2949d,
			 K.S.A.
			 75-2949e, and
			 K.S.A.
			 75-2949f, and amendments thereto.
(d) An appointing authority may demote any
			 new hire probationary employee or any probationary employee who was rehired on
			 a basis other than reemployment or reinstatement to a class in a lower pay
			 grade within the agency if the employee meets the qualifications for the lower
			 class, if the employee can satisfactorily perform the duties of the lower class
			 and if the employee has consented. Each employee with probationary status who
			 is demoted under this subsection shall start a new probationary period that
			 shall be no fewer than six months in length.
(e) Each unclassified employee who is
			 voluntarily demoted to a regular classified position shall serve a probationary
			 period in accordance with K.A.R. 1-7-4.
(f) This regulation shall be effective on and
			 after June 5, 2005.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 6 - RECRUITING AND STAFFING › Section 1-6-28 - Overlapping hires

Current through Register Vol. 43, No. 28, July 11, 2024
(a) In filling a
			 position that is not yet vacated by the incumbent, the agency may have the
			 incumbent and the new employee on the position concurrently for a period not to
			 exceed four weeks.
(b) When an
			 employee is on extended leave, the appointing authority may fill the regular
			 position. The agency shall notify the employee in writing at the time the
			 employee is hired that the employee shall not obtain permanent status in the
			 position, unless the employee on leave does not return or for some other reason
			 it is possible and advisable to grant the new employee permanent status. The
			 probationary period for the employee may be extended by the appointing
			 authority without regard to limits on the duration of probationary periods
			 established elsewhere in these regulations. This regulation shall be effective
			 on and after December 17, 1995.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 6 - RECRUITING AND STAFFING › Section 1-6-29 - Acting assignments

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any appointing
			 authority may temporarily assign an employee who has permanent status to
			 perform the duties of another position on the basis of an acting assignment if
			 all of the following conditions are met:
(1)
(A) The other position is vacant; or
(B) The incumbent in the other
			 position is unable or unavailable to perform the duties of that position for 30
			 days or more.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 6 - RECRUITING AND STAFFING › Section 1-6-30 - Reinstatement

Current through Register Vol. 43, No. 28, July 11, 2024
Each employee with permanent status who separates from state
				service in good standing may for a period of one year from the date of
				separation apply for, and may be certified as a candidate for, any vacancies
				open to state employees only, and may be rehired as a reinstatement.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 6 - RECRUITING AND STAFFING › Section 1-6-31 - Governor's trainee program

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any agency may
			 fill an existing vacancy under the governor's trainee program according to the
			 provisions of this regulation.
(1)
			 "Governor's trainee program" means a program to attract and utilize females,
			 minorities, and persons with disabilities as defined in K.A.R. 1-2-34 in order
			 to provide career development opportunities.
(2) "Underutilization" means a lower
			 representation in a class or EEO job category in an agency organizational
			 unit's workforce or the agency's workforce of females, minorities or persons
			 with disabilities as defined in K.A.R. 1-2-34 than would be expected by their
			 availability.
(3) An agency shall
			 not create additional positions as a result of using the governor's trainee
			 program.
(4) Governor's trainee
			 program positions shall be created only from the following:
(A) vacancies arising out of attrition;
(B) vacancies created by the
			 legislature; or
(C) vacancies
			 created by actions taken pursuant to
			 K.S.A.
			 75-2949.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 6 - RECRUITING AND STAFFING › Section 1-6-32 - Candidate drug screening test for safety-sensitive positions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A drug test
			 shall be administered to each candidate for a safety-sensitive position upon a
			 conditional offer of employment for such a position.
(1) "Safety-sensitive position" shall be
			 defined as provided in
			 K.S.A.
			 75-4362(g), and amendments
			 thereto.
(2) "Conditional offer of
			 employment," for purposes of this regulation, means an offer that is contingent
			 upon participating in the drug screening program established under
			 K.S.A.
			 75-4362, and amendments thereto.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 6 - RECRUITING AND STAFFING › Section 1-6-33 - Candidate alcohol and controlled substances test for commercial driver positions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The provisions
			 of 49 C.F.R., Part 382, as in effect on May 1, 1995, and 49 C.F.R., Part 40, as
			 in effect on February 15, 1994, and amendments to Part 40, as published in 59
			 Fed. Reg. 42,996 (1994), are hereby adopted by reference.
(b) Each candidate who has been given a
			 conditional offer of employment for a commercial driver position shall be
			 administered a controlled substances test.
(c) For purposes of this regulation, a
			 "conditional offer of employment" means an offer of a commercial driver
			 position that is contingent upon participating in the controlled substances
			 testing program established under the federal omnibus transportation employee
			 testing act of 1991, 49 U.S.C. Appx. § 2717.
(d) Each candidate who has been given a
			 conditional offer of employment shall be informed of the provisions of
			 subsections (c) and (g) of this regulation in writing and shall sign a
			 statement agreeing to participate in the testing prior to administration of the
			 tests. Failure to accept this condition shall make the conditional offer of
			 employment null and void.
(e) The
			 appointing authority shall advise each candidate required to submit to
			 controlled substances testing of the following aspects of the testing program:
(1) the methods of controlled substances
			 testing that may be used;
(2) the
			 substances that may be identified;
(3) the consequences of a refusal to submit
			 to a controlled substances test or of a confirmed positive result; and
(4) the reasonable efforts
			 utilized by the state to maintain the confidentiality of results and any
			 medical information that may be provided.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 7 - PROBATIONARY PERIOD AND EMPLOYEE EVALUATION › Section 1-7-3 - Probationary period required

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 The probationary period shall be considered as a working test of the employee's
			 ability to perform adequately in the position to which the employee was hired.
			 In order to aid the agency in developing efficient employees, the supervisor
			 shall give reasonable instruction and training that may be required throughout
			 the probationary period. Each appointing authority shall establish procedures
			 so that any problems with probationary employees will be brought to the
			 attention of the agency management for appropriate action before the end of the
			 probationary period.
(b) Before the
			 end of the probationary period, the appointing authority shall provide the
			 director with results of a performance review for the employee. If the overall
			 performance review rating given to a probationary employee before the end of
			 the employee's probationary period is unsatisfactory, the employee shall not be
			 granted permanent status. The performance review ratings required by this
			 subsection shall not be required to occur within the time period established in
			 K.A.R. 1-7-10 (a)(3).
(c) Except as
			 provided in K.A.R. 1-7-4, all new hires, promotions, and rehires shall be
			 tentative and subject to a probationary period as authorized by K.A.R. 1-7-4.
			 If the probationary period of an employee is to be extended as authorized by
			 K.A.R. 1-7-4, the appointing authority, before the end of the probationary
			 period, shall furnish the employee with a copy of the performance review
			 stating that the probationary period is extended. Results of the performance
			 review shall be provided to the director.
(d) Any probationary employee, other than an
			 employee on probation due to a promotion from a position in which the employee
			 had permanent status, may be dismissed by the appointing authority at any time
			 during the probationary period.
(e)
			 This regulation shall be effective on and after October 1, 2009.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 7 - PROBATIONARY PERIOD AND EMPLOYEE EVALUATION › Section 1-7-6 - Notices relating to probationary periods and extensions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Before the expiration of each employee's
			 probationary period, a performance review shall be completed and a rating shall
			 be assigned, and the appointing authority shall notify the employee and the
			 director that in writing of one of the following:
(1) The employee has been dismissed or
			 demoted.
(2) The probationary
			 period is being extended, if extension is permissible under the provisions of
			 K.A.R. 1-7-4.
(3) The employee is
			 being given permanent status.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 7 - PROBATIONARY PERIOD AND EMPLOYEE EVALUATION › Section 1-7-7 - Dismissal of probationary employee by director

Current through Register Vol. 43, No. 28, July 11, 2024
The director may dismiss a probationary employee at any time
				during the employee's probationary period, after giving the employee notice and
				an opportunity to be heard, if the director finds that the employee was
				appointed as a result of a violation of the provisions of the act or these
				regulations.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 7 - PROBATIONARY PERIOD AND EMPLOYEE EVALUATION › Section 1-7-10 - Performance reviews

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 agency's appointing authority shall implement the state performance management
			 process that was developed in accordance with
			 L.
			 2008, Ch. 159,
			 Sec.
			 1 and shall ensure that performance reviews
			 are conducted in accordance with this process for each employee in the
			 classified service. The performance review shall be used to inform employees of
			 their expected performance outcomes and to assess the effectiveness of each
			 employee.
(1) The performance review of each
			 employee shall be completed by the employee's immediate supervisor or, if the
			 employee's immediate supervisor has not supervised the employee for at least 90
			 days, by another qualified person designated by the appointing authority.
			 "Qualified person" shall mean a person who is familiar with the duties and
			 responsibilities of the employee's position and has significant knowledge of
			 the job performance of the employee.
(2) A performance review shall be completed
			 and a rating assigned at least annually in the manner required and on the forms
			 prescribed by the director. An agency may add additional, job-related
			 performance criteria and measures to the forms prescribed by the director, as
			 determined by the appointing authority.
(3) Performance ratings for all permanent
			 employees shall be assigned on an annual basis within the period beginning
			 October 1 and ending December 31.
(4) Midyear reviews for all permanent
			 employees shall be conducted on an annual basis within the period beginning
			 April 1 and ending June 30.
(5) The
			 appointing authority may conduct a special performance review rating for any
			 employee at any time, unless prohibited under K.A.R. 1-14-8 due to pending
			 layoffs.
(6) Each employee who
			 receives an unsatisfactory rating on either of the essential requirements set
			 out on the form prescribed by the director shall have an overall performance
			 review rating of unsatisfactory.
(7) Each employee shall be given the
			 opportunity to sign the employee's performance review as evidence that the
			 employee has been informed of the performance review rating. The employee's
			 signature shall not abridge the employee's right of appeal if the employee
			 disagrees with the rating. The failure of the employee to sign the performance
			 review shall not invalidate the rating.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 7 - PROBATIONARY PERIOD AND EMPLOYEE EVALUATION › Section 1-7-11 - Employees entitled to appeal performance reviews

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Any employee who receives a performance
			 rating that is lower than the highest possible rating may appeal that rating if
			 the employee meets either of the following conditions:
(1) The employee has permanent status,
			 including an employee with permanent status who is serving a probationary
			 period due to a promotion.
(2) The
			 employee is serving a probationary period due to a rehire on the basis of
			 reinstatement.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 7 - PROBATIONARY PERIOD AND EMPLOYEE EVALUATION › Section 1-7-12 - Performance review appeal procedure

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
(1) Each
			 employee who is eligible to appeal a performance review under K.A.R. 1-7-11
			 may, within seven calendar days after the employee has been informed of the
			 rating, submit an appeal in writing to the appointing authority.
(2) Within seven calendar days following
			 receipt of the employee's written notice of appeal, the appointing authority
			 shall have the option either to make any changes in the rating deemed
			 appropriate or to appoint a committee of three or more persons to hear the
			 appeal.
(3) If the appointing
			 authority makes any change in the rating or adds any comments to the rating
			 form, the rating form shall be returned to the employee to be signed again. The
			 employee shall be informed that, if the employee disagrees with the revised
			 performance review, the employee may, within seven calendar days, file an
			 appeal in writing to the appointing authority. If the employee files an appeal
			 of the revised review, the appointing authority shall, within seven calendar
			 days following receipt of the employee's written notice of appeal, appoint a
			 committee of three or more persons to hear the appeal.
(4) If an appeal committee is appointed to
			 hear the appeal, persons shall be appointed who, in the appointing authority's
			 judgment, will be fair and impartial in discharging their responsibilities.
			 Before appointing the appeal committee, the appointing authority shall give the
			 employee a reasonable opportunity for consultation on the matter of appointment
			 of the appeal committee. The appeal committee shall not include the initial
			 rater or raters. In general, the members of the appeal committee shall be
			 officers or employees of the agency. However, the appointing authority may
			 select one or more members of the committee from one or more other state
			 agencies if the appointing authority determines that the objective of a fair
			 and impartial hearing can best be served by doing so.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 8 - TRAINING AND CAREER DEVELOPMENT › Section 1-8-2 - Orientation

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each appointing
			 authority shall be responsible for establishing and maintaining a program of
			 orientation for new employees.
(b)
			 Each orientation shall be relevant to each of the following:
(1) That agency's mission, vision, and goals;
(2) the employee's job
			 responsibilities;
(3) employee
			 benefits; and
(4) other aspects of
			 the workplace pertinent to successful performance in the position.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 8 - TRAINING AND CAREER DEVELOPMENT › Section 1-8-3 - Training standards

Current through Register Vol. 43, No. 28, July 11, 2024
Each appointing authority shall periodically assess, identify,
				and provide that agency's employees with access to appropriate education and
				training to meet workforce development needs. This regulation shall be
				effective on and after June 5, 2005.
Kansas Administrative Regulations › Agency 1 - DEPARTMENT OF ADMINISTRATION › Article 8 - TRAINING AND CAREER DEVELOPMENT › Section 1-8-4 - Agency training records

Current through Register Vol. 43, No. 28, July 11, 2024
Each appointing authority shall maintain training records and
				provide these records to the director upon request. This regulation shall be
				effective on and after June 5, 2005.