§ 30.088 HOLIDAYS, VACATIONS AND OTHER LEAVES OF ABSENCE.

(2) When a holiday falls on a Saturday or Sunday, the Fiscal Court may designate the days to be observed as a holiday (usually in accordance with the state given dates).

(3) Employees that are required to work on any holiday will receive a vacation day that may be utilized in accordance with division (B) below. An employee in the first year of service may utilize the vacation day prior to achieving one year of service. All vacation days earned under this section must be utilized within three months from the date the vacation day was earned. In the event the employee works less than four hours on the holiday, the employee will only receive a half of a day of vacation time. In the event that the employee works four hours or greater, than in that event, the employee will receive one full day of vacation.

(4) The Departments working five day/seven and one-half hour work weeks will received seven and one-half hours pay for each adopted holiday. The Departments working five day/eight hour work weeks will receive eight hours’ pay for each adopted holiday. At no time shall a holiday be worth more than seven and one-half hours if it results in the employee’s time exceeding 37 and one-half hours for Departments working five day/seven and one-half hour work weeks. At no time shall a holiday be worth more than eight hours if it results in the employee’s time exceeding 40 hours for Departments working five day/eight hour work weeks.

(5) In order to receive holiday pay, an employee must work his, her or their last scheduled day prior to and his, her or their first scheduled day after said holiday, unless previously approved by both supervisor and Judge Executive.

(6) Part-time employees shall receive one and one-half their regular rate of pay for working holidays.

(7) Seasonal and temporary employees do not receive holiday pay. If the employee works over 40 hours during the week that has a holiday or works over 40 hours in any given week, then hours over 40 will be paid at time and one half. Supervisor’s department heads or elected officials may schedule a full-time regular employee or employee may request to switch their holiday off with another day within the same work week. The request must occur prior to the holiday and should not cause a scheduling conflict for other employees. All employees understand that by working the actual holiday they will not receive any additional pay but will be taking a different day off within that week. Time sheets must reflect this switch with the employee, supervisor, department head or elected official’s signature beside the days switched.

(B) Vacation.

(1) Full-time employees may apply for vacation leave after one year of service.

(2) All regular full-time employees with one year of service shall be entitled to five working days’ (or 40 working hours’) vacation leave. All regular full-time employees with two years of service shall be entitled to ten working days’ vacation leave. All regular full-time employees with three to six years of service shall receive one additional days’ vacation leave for each additional year of service. All regular full-time employees with seven years of service or more shall be entitled to 15 working days’ vacation leave. Accumulated vacation leave must be taken within 730 days of employment anniversary date unless there is special circumstances that exist. The employee must notify his, her or their supervisor one week in advance before taking his, her or their vacation time. Furthermore, all full-time employees shall be afforded a paid vacation day during the month of their birth, which day must also be scheduled with their supervisor one week in advance before taking from vacation days. In no event shall any employee be allowed to “cash-in” or receive a lump sum payment for any unused vacation leave due to his or her resignation, dismissal or retirement.

(3) Part-time, seasonal and temporary employees shall not be eligible to earn vacation leave.

(4) No employee shall be permitted to take vacation leave that has not been earned. Vacation pay shall be at the current rate of salary.

(5) Vacation days should be scheduled on anticipated “slack” time in a manner that does not interfere with the functions and services of the office. No employee shall take more than ten consecutive working days’ vacation leave without prior approval from their supervisor. The supervisor shall review all vacation leave requests and shall forward the request and the supervisor’s recommendation to the County Judge. Approval by the County Judge is mandatory.

(6) The County Judge’s office or its designee shall keep records of vacation leave for each individual employee, with the exception of the office of the County Clerk, which office shall keep its own vacation, sick and comp-time records.

(7) All employees may take leave without pay if the leave is approved by the County Judge.

(8) Absences on account of sickness, injury or disability in excess of that authorized for such purposes may, at the request of the employee and with the approval of the County Judge, be charged to vacation leave credit.

(9) Vacation request form must be filled out and approved by the Judge Executive or designee before vacation time can be used.

(1) Accumulation of sick leave.

(a) Sick leave is a benefit, not a right. Paid sick leave entitles employees to time off to recuperate from illness or accident, while retaining their employment rights and pay for the time off. Its main purpose is to provide income for employees absent a relatively short time because of personal illness or injury.

(b) Full-time employees shall be eligible to accrue sick leave at the rate of one day per month accruing at the end of each month for each full month worked. As an example, a newly hired full- time employee shall accrue eight hours of sick time on the thirtieth day of his, her or their employment, which they can use immediately in the preceding month. Part-time, seasonal and temporary employees are not eligible for sick leave.

(c) Sick leave may be accumulated from year to year up to 60 days. New hires after FY 2021 will be limited to 50 days max.

(2) Use of sick leave.

(a) Personal illness, injury or visits to medical provider; and

(b) Illness or injury in the immediate family spouse, children, parents or relatives living in the employee’s home).

(3) Consecutive days. A county official may allow three consecutive days of sick leave without a medical provider’s excuse, but any days over a three-day period must be accompanied by a medical provider’s ‘return to work’ note unless otherwise authorized by the department head.

(4) Unused time. Upon separation from employment by the county for any reason (i.e., termination, resignation or retirement) employees shall not be compensated for any unused sick time.

(5) Reporting sick leave.

(a) To be paid sick leave, the employee has the responsibility to report his, her or their inability to be on the job. Failure to notify the supervisor prior to the established work time may result in loss of pay for that day and may result in disciplinary action against the employee. If notification is not possible prior to the start of the established work time, the employee shall notify the supervisor as soon as is possible.

(b) Sick leave time used will be subtracted on a hour-for-hour basis.

(c) Upon return to work the employee shall file a notice of leave form stating the reasons for the absence, unless the employee filed the form prior to taking sick leave. The form must be approved by the supervisor before being charged to sick leave. Individual records of all sick leave credit shall be maintained by the county.

(d) The county may require the employee to submit a ‘return to work’ note from a medical provider when the absence occurs before or after a holiday or other scheduled day off or when an employee has a record of repetitious usage of short amounts of sick leave over an extended time period. The employee may be required to take a medical examination on returning from sick leave or on such occasions that it is in the best interest of the county. The medical examination shall be given by a physician designated by the county.

(e) False or fraudulent use of sick leave shall be cause for disciplinary action, up to, and including, dismissal.

(6) Sick leave donation program.

(a) Eligibility.

1. Both recipients and donors must be current employees of the county.

2. A donor may not donate an amount of sick leave which would cause his or her sick leave balance to go below 120 hours.

3. An employee becomes eligible to receive donated sick leave at the point in time when all four of the criteria below are met:

a. The employee or 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 consecutive working days;

b. The employee’s need for absence is certified by a licensed practicing physician;

c. The employee has exhausted all of his or her available paid leave: and

d. The employee has complied with this policy governing the use of sick leave.

Participation in the sick leave sharing program is at the discretion of the employee and requires approval of the County Judge or elected official.

(b) Guidelines on sick leave sharing. In the event of a prolonged or catastrophic illness or injury, or an extended absence due to illness of a family member, eligible employees who accrue sick leave and who have exhausted their leave balances may have sick leave donated to them by other eligible county employees. The forms needed to receive or donate leave may be obtained from the County Judge’s or the elected official’s office. Listed below is the chronological flow of actions and documents:

1. Recipient completes application and submits it along with the physician’s certification to the Treasurer. The Treasurer collects all information, and transmits the appropriate documents to the County Judge or elected official;

2. The application is reviewed to ensure that the certification of the physician is complete and the form is correctly filled out. The Treasurer shall verify that the employee will exhaust his or her leave during the projected absence. The employee does not have to have exhausted his or her leave before he or she submits the application. The employee also does not have to have been off for ten days in order to apply, but must have a situation where it is likely to cause an absence for at least ten consecutive days. A file will be created for the recipient by the Treasurer. All medical information must be kept in a locked file separate from the personnel files;

3. Donor(s) completes donation form and submits to the Treasurer or the elected official’s assistant. The Treasurer verifies the donor’s leave balance for eligibility. After the form is signed by the appointing authority, the donor’s sick leave balance is reduced by the hours donated;

4. Receive and file forms. The Treasurer will stamp all donation forms with a received date and file the forms in the file for the appropriate recipient;

5. Prepare and process payrolls. Upon certification of eligibility, all donated leave is to be added to recipient’s sick leave balance. As the employee utilizes leave for the sick leave sharing qualifying condition, the employee will be paid as usual, reporting sick leave used;

6. Sequence of leave usage. Transfer all leave donated to the recipient at the time of donation, not on a pay period basis, up to the amount requested. As the recipient accrues leave, the recipient’s leave time must be used first. The recipient can then use time donated to him or her. The recipient uses donated leave in the order in which it is received;

7. Recipient can retain leave after return to work. The recipient may retain the donated leave upon return to work only if the recipient documents that leave will be needed for continuing treatment relating to the condition which caused the individual’s absence. For example, if the employee was absent due to surgery to remove a malignant tumor and returns to work, but will require periodic absences for radiation therapy, the excess leave may be retained for that purpose. However, the employee may not retain the excess leave to be used for any unrelated condition; and

8. Sequence of restoring unused leave to donors. When the recipient returns to work and the donated leave is no longer needed for the qualifying condition, excess leave shall be returned to donors in reverse order of donation (last donor’s leave is returned first). If the donor has left employment, the returned hours should be credited to the inactive record for restoration if the employee is rehired.

(D) Family and Medical Leave Act (FMLA).

(1) General. FMLA, being 29 U.S.C. §§ 2611 et seq., provides entitlement for up to 12 weeks of job protected, unpaid leave, during any 12-month period for the following reasons:

(a) The birth of a son/daughter or care for newborn child;

(b) The placement of a son/daughter for adoption or foster care;

(d) The employee’s own serious health condition.

(2) Qualifying exigency leave. The FMLA requires that employers provide employees up to 12 weeks of leave in a 12-month period to tend to any “exigency” resulting from a service member’s call to duty. The new FMLA regulations clarify that exigency leave may be taken by eligible employees (consisting of not only a spouse, son, daughter or parent, but also “next of kin” - the next nearest blood relative) while their spouse, son, daughter or parent is on active duty or call to active duty status in the National Guard or Reserves, or if the family member is a retired member of the regular Armed Forces or the Reserves. An employee whose family member is on active duty or call to active duty for the regular Armed Forces does not qualify for this leave. Qualifying exigencies include short-notice deployment, military events and related activities, childcare and school activities, financial and legal arrangements, counseling, rest and recuperation, post-deployment activities and additional activities.

(3) Military caregiver leave. An eligible employee is entitled to 26 work weeks of leave in a 12-month period to care for a covered service member in the Armed Forces (including the National Guard and Reserves) who becomes ill or injured as a result of his or her military service. The 12-month period begins when the employee starts using her or his leave. This leave may only be taken once per injury, but may be taken again if there are additional injuries. More than one family member may qualify for the leave.

(4) Maintenance of benefits. If the employee was qualified for health insurance benefits when leave begins, the employer shall maintain health benefits for the employee in the same manner during periods of FMLA leave as if the employee continued to work.

(5) Unused sick leave. However, the employee must exhaust all accumulated sick leave and annual leave time prior to receiving unpaid FMLA leave.

(6) Employee contribution. Upon employee being granted FMLA leave, the employee must continue to pay his or her own employee contribution to the health insurance plan ordinarily required of an employee. The employer will continue to pay the contribution ordinarily paid by the employer under the current health insurance plan. If the employee contribution payment is not paid by the employee, in such event, the employer may terminate the health insurance benefits of the employee during FMLA leave. However, the employee may exercise his, her or their rights for COBRA benefits.

(7) Commencement of benefits. In order to qualify for FMLA benefits, the employee must have worked for the employer for at least 12 months prior to the commencement of benefits and worked at least 1,250 hours in the prior year. The 12-month period need not be consecutive. Employment prior to a break in service of more than seven years need not be counted unless the break in service was occasioned by the fulfillment of National Guard or Reserve military service obligations.

(8) Entitlement. Upon the employer granting FMLA leave, the employee receives an entitlement of up to 12 weeks of job protected unpaid leave during any 12-month period. The fixed 12 month “leave year” shall commence January 1 of each year and conclude on December 31 of each year.

(9) Written notice. When the need for leave is foreseeable, the employee must give the employer at least 30 days’ written notice of his or her intent to receive FMLA leave benefits. If the leave is not foreseeable, the employee must provide written notice as soon as possible. The employer reserves the right to require medical certification of a serious health condition for the employee’s health or a member of his or her family, as defined herein. The employer may also require periodic written medical reports during the leave of the employee’s health status, health status of his or her family as defined herein, as well as “fitness-for-duty” certification upon return to work from a health care provider.

(10) Definition. SERIOUS HEALTH CONDITION means an illness, impairment, injury or physical/mental condition that involves either:

(a) Any period of incapacity or treatment connected with inpatient care in a hospital, hospice or residential medical care facility, and any period of incapacity or subsequent treatment in connection with such impatient care; or

(b) Continuing treatment by a health care provider which includes any period of incapacity that prevents the employee or family member from working, attending school or any other regular daily activity.

(11) Donated sick leave. Any employee desiring to benefit from “donated sick leave” must be granted same and utilize same prior to applying for leave without pay under FMLA. Upon FMLA leave being granted to the employee, the employee may not participate in the donated sick leave plan until the employee has returned to work on a regular paid basis with a letter from a health care provider stating that the employee is fit for duty.

(12) Authorization. Upon the employer granting leave without pay under FMLA, as provided for herein, the County Judge or elected official shall authorize same in writing and provide the employee and the county treasurer a copy of the written approval. All applications for leave without pay and all approvals of same, not in writing, shall disqualify the employee from health benefits otherwise provided herein.

(E) Funeral (bereavement) leave.

(1) When an employee’s immediate family member dies, the Fiscal Court allows up to three days off with pay. IMMEDIATE FAMILY MEMBER, as defined for bereavement, is defined as parents, grandparents, spouse, brothers, sisters, children, grandchildren, daughter-in-law, son-in-law, parent or step-parent of spouse, step-parent, step-child, foster parent or foster child.

(2) When an employee’s extended family member dies, the Fiscal Court allows up to eight hours off with pay for the day of the funeral. If the funeral service falls on a weekend or holiday, the employee shall be allowed to take the eight hours off with pay on the day preceding or the day following the weekend or holiday. No additional compensation will be provided if the employee does not take the funeral (bereavement) leave. EXTENDED FAMILY MEMBER is defined as brother-in-law, sister-in-law, niece, nephew, grandparent of spouse, great grandparent or aunt or uncle of employee or employee’s spouse.

(3) In the event an employee desires to extend leave beyond the days set out above due to a death in the immediate or extended family, the employee may use sick leave, vacation leave or time without pay upon receiving approval from the Judge-Executive.

(4) Supervisors should immediately notify the Judge-Executive when one of the employees in his or her department has a death in their family. The Fiscal Court will send a bereavement gift not to exceed $75 when an employee’s immediate family member passes away. This condolence will be sent through the Fiscal Court secretary’s office and not through the individual department.

(F) Leave without pay.

(1) In addition to authorized leave referenced above, the County Judge or elected official may authorize an employee to be absent, without pay, for personal reasons.

(2) Leave of absence without pay will not be granted until all vacation leave has been exhausted.

(3) Request for leave for personal reasons shall be submitted in writing to the County Judge or elected official, stating reasons for the request, the date the leave shall begin and the probable date of return.

(4) Leave without pay may be revoked at any time upon 48 hours’ notice to the employee.

(G) Maternity leave/paternity leave.

(1) The County Judge or elected official may grant maternity leave and paternity leave for full-time permanent employees with temporary disability due to pregnancy, childbirth, adoption or any impairment thereof, and miscarriage for a period not to exceed six weeks. Additional leave time may be granted.

(2) An employee granted maternity leave or paternity leave shall use any accrued sick leave and vacation time with the remaining periods as time off without pay.

(3) The employee must notify the County Judge or elected official as far as possible in advance of the employee’s intention to request maternity leave or paternity leave, including approximate dates, in order to allow the County Judge or elected official time to prepare for any staff adjustments.

(H) Military leave. Pursuant to KRS 61.394 and 61.396, all employees of the county, or of any department or agency thereof, who are members of the National Guard or of any reserve component of the Armed Forces of the United States, or of the reserve corps of the United States Public Health Service, shall be entitled to leave of absence from their respective duties, without loss of time, pay, regular leave, impairment of efficiency rating, or of any other rights or benefits to which they are entitled, while in the performance of duty or training in the service of the state or of the United States under competent orders as specified in this section. In any one federal fiscal year, officers or employees, while on military leave, shall be paid their salaries or compensations for a period or periods not exceeding 21 calendar days. Any unused military leave in a federal fiscal year shall be carried over to the next year. Any unused military leave shall expire two years after it has accrued. The employee shall give the county two weeks’ notice prior to the scheduled leave if time permits.

(I) Civil leave; jury duty.

(1) Upon receipt of the order requiring the employee to report for jury duty, the employee must show the order to his, her or their supervisor. There will be no deduction from accumulated leave.

(2) The employee will be allowed to keep pay received for serving on a jury without deduction from full regular salary.

(Ord. 21.230-1, passed 7-8-2021; Ord. 21-230-4, passed 12-9-2021 ; Ord. passed 7-13-2022; Ord. passed 7-13-2022; Ord. 23.230-1, passed 7-13-2023 )

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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