Employee Leaves, Holidays, and Other Absences
for Employees of Kansas State University
(former Chapters 4860 and 4865 combined)
Revised July 2, 2012
Table of Contents
.020 Accrued Leave
.040 Medical Leave
.080 Reporting Leave
Employee leaves and absences at Kansas State University (hereinafter "University") are defined and administered by applicable Federal laws and State of Kansas laws, regulations, and policies listed below:
- The Kansas Administrative Regulations, Article 9
- Kansas Board of Regents Policy Manual
- Department of Labor, Family and Medical Leave Act Provisions
- PPM Chapter 4220, Hours of Work, Overtime and Overtime Pay, and Compensatory Time
- Executive Orders from the Governor of Kansas
Some leave programs have specific employment eligibility requirements, some programs have an employment time minimum, and still other leaves are for specific purposes. For most leave programs, eligible unclassified employees must be in a regular or term contract position and classified employees must be in a non-temporary position requiring at least 1000 hours per year. Accrual rates are determined by the State of Kansas and Kansas Board of Regents and, where applicable, according to the overtime status (exempt/non-exempt) of an employee. Classified employees have additional criteria for leave accrual based on years of service. For complete information on types of positions and overtime status, please see Chapter 4210 .030 and Chapter 4220 .050, respectively.
Department heads, directors, and unit administrators (hereinafter "Department/Unit Head") are authorized to develop internal procedures for the administration of these policies such as determining the manner in which an employee is to request the use of a particular leave and whether medical certification is required. (Note: if medical certification is received, it must be kept in accordance with applicable laws.) These internal policies must be administered uniformly within the department at issue and not be in conflict with the policies of this chapter, the University, Kansas Board of Regents or State of Kansas.
Accrued leaves are those categories of leave programs in which a specified amount of leave is added to each qualifying employee's leave balance during each pay period. The State of Kansas and Kansas Board of Regents determine accrual rates.
Both eligible classified and unclassified employees earn vacation leave and sick leave, with the exception of nine-month instructional faculty who do not earn vacation leave. Classified employees have additional criteria for vacation leave accrual based on years of service.
The amount of leave accrued per pay period is dependent upon the number of hours in pay status (hours worked and paid leave) or the FTE (percentage of full-time equivalent) of the appointment.
Sick leave may be used for these reasons only:
- Illness or disability of the employee and personal medical or dental appointments, including pregnancy and childbirth.
- Illness or disability of the employee's family member and for appointments with a family member if the employee's presence is necessary, such as for minor children.
- A family member is defined as any person related to the employee by blood, marriage, or adoption and any minor residing in the employee's residence as a result of court proceedings pursuant to the Kansas Code for Care of Children or the Kansas Juvenile Offenders' Code.
- Legal quarantine of the employee.
- Adoption of a child by an employee or initial placement of a foster child in the home, when the initial placement reasonably requires the employee to be absent from work.
1. Sick Leave Accrual
Eligible employees accrue sick leave as shown in the chart appropriate to employment classification and overtime-eligibility status. Faculty on sabbatical leave earn proportionate to the pay status during that leave in accordance with Kansas Board of Regents policy (KBOR). Sick leave continues to accrue throughout eligible employment without any limit being applied. Sick leave hours earned by an employee during a biweekly pay period are credited to the employee for use on the first day of the following biweekly pay period.
|Hours per Pay Period|
|In Pay Status||Sick Leave Earned|
|% of time
in pay status
2. Use of Sick Leave
A non-exempt employee uses sick leave in quarter-hour increments. An exempt employee records leave in one-half or full-day increments, but in no less than four-hour increments as determined by the regular work schedule. For example, an exempt employee working 10-hour days would report five hours for a half-day leave. Hours taken do not need to be taken consecutively during a day to total one-half day.
If a department/unit head has evidence that an employee cannot perform the employee's regular duties because of illness or disability, the department/unit head may require the employee to use sick leave. Upon exhaustion of sick leave, the department/unit head may require the employee to use any accumulated vacation leave. If the employee has exhausted all sick and vacation leave, the department/unit head may grant leave without pay (see section .050 F of this Chapter).
A supervisor may deny the request of an exempt employee for time away from work for less than a half day or may require the employee to be away from work and use a half day or full day of sick leave if it is in the best interest of the department or for repeated absences of less than one-half day.
The department/unit head may require the employee to provide medical certification that the employee is unable to work before sick leave is approved. Additionally, the department head/unit may require the employee to provide a physician's release before an employee who has been on sick leave is allowed to return to work.
An employee who is awarded workers' compensation may use accumulated sick leave to supplement the difference between workers' compensation payment and the employee's regular pay.
3. Reinstatement of Sick Leave
The University will reinstate the sick leave balance of any former employee who had unused sick leave at the time of separation from State of Kansas employment and who returns to eligible employment within one year of that termination. This provision will not apply to a newly hired employee who has previously retired from state service.
4. Payment for Sick Leave (Resignations and Retirements)
Payment for unused sick leave occurs only at an employee's retirement based on years of service and amount accrued as indicated below.
|8 or more||800||240|
|15 or more||1000||360|
|25 or more||1200||480|
For more information about this payment, refer to PPM Chapter 4810, Retirement Plans and Policies.
Vacation leave allows an eligible employee to remain in pay status while being away from work for unrestricted reasons.
1. Vacation Leave Accrual
Persons appointed to unclassified faculty positions of less than 12 months do not accrue vacation leave.
Classified employees and unclassified employees appointed to 12-month positions or to non-instructional positions for less than 12 months, earn leave as indicated in the charts below.
|Hours in Pay Status||Service <5 Years||>5 and <10 Years Service||10 or More Years Service||Hours in Pay Status||Vacation Hours Earned|
|Hours in Pay Status||Service <5 Years||>5 and <10 Years Service||10 or More Years Service||Appointment FTE||Vacation Hours Earned|
|Vacation Hours Earned|
Unclassified employees will earn vacation leave the first and second bi-weekly pay periods during the first 11 months of the fiscal year (July — June). Vacation Leave earned will not exceed 176 hours per fiscal year. The maximum balance limit of vacation leave accrual is 304 hours after which leave will not be accrued.
Unclassified employees do not earn vacation leave while on sabbatical leave or when not in pay status. An unclassified employee who transfers from a position earning vacation leave to a 9-month faculty position will be paid for the current vacation leave balance at the time of transfer to a maximum of 176 hours. This payout is treated as a termination, not retirement, even when the employee is retirement eligible.
Classified employees earn vacation leave each pay period, including the third pay period of any month, according to the chart above.
2. Vacation Leave Use
Use of vacation leave is subject to approval procedures established within the department.
A non-exempt employee uses leave in quarter-hour increments. An exempt employee records leave in one-half or full-day increments, whether the hours are taken consecutively or over the course of a day.
If an employee or member of the employee's family becomes ill while the employee is on vacation leave so that the employee is deprived of all or a significant portion of the vacation due to the illness, the department/unit head can approve changing the vacation leave to sick leave at the employee's request.
A supervisor may deny the request of an exempt employee for time away from work for less than one-half day or may require the employee to use a half day or full day of vacation leave if it is in the best interest of the department or for repeated absences of less than one-half day.
An employee who is awarded workers' compensation may use accumulated vacation leave to supplement the difference between workers' compensation payment and the employee's regular pay.
Nine-month classified school employees who earn leave and who have scheduled periods off imposed by their department when classes are not in session (e.g. fall and spring breaks), may borrow necessary vacation leave in excess of days accrued but not more than the expected accrual for the school term. If a classified school employee is separated from employment before the end of the school term, any borrowed vacation leave in excess of days accrued will be subtracted from the final paycheck.
3. Payment for Unused Vacation Leave
Payment for unused vacation leave will be made at employee's separation from benefits-eligible employment up to a maximum of 176 hours for non-retirement eligible separations. Employees who meet the criteria for retirement (see PPM Chapter 4810) will be paid for unused vacation hours to a limit of 240 hours. Employees who separate from service and are re-employed will not have forfeited vacation hours reinstated.
Department funds are used to pay vacation leave to employees who are terminating employment regardless of how the position was funded. Departments may require an employee to exhaust vacation leave prior to termination. Central University funds are used to pay vacation leave to employees who meet the criteria for retirement.
The University recognizes these legal holidays designated by the State of Kansas:
- New Year's Day
- Martin Luther King Day
- Memorial Day
- Independence Day
- Labor Day
- Veterans Day*
- Thanksgiving Day
- Christmas Day
The university is closed on all the above holidays except Veterans Day when classes are in session. Veterans Day* is a recognized holiday for employees who earn vacation leave. As a reminder, 9-month instructional faculty do not earn vacation leave.
Unclassified employees who earn vacation leave and are eligible for overtime pay who work on a holiday earn holiday compensatory time at the rate of time and one-half. Unclassified employees who earn vacation leave and are not eligible for overtime pay who work on a holiday earn holiday compensatory time credit at straight time.
Classified employees who earn leave and who work on a holiday earn holiday compensatory time at the rate of time and one-half, regardless of overtime status.
Each full-time employee who works a nonstandard workweek will receive the same number of holidays in a calendar year as employees whose regular work schedule is Monday through Friday.
Designated holidays and dates are announced annually. Holidays falling on a Saturday or Sunday are observed on the preceding Friday or following Monday, respectively. A legal holiday occurring within the period of an employee's vacation or sick leave is not charged against any accrued vacation or sick leave.
If a legal holiday precedes or follows the day of the officially observed holiday, employees will receive holiday credit for only one of the two days if required to work on both days. If the number of hours worked on the two days are not the same, the employee will receive holiday compensation for the day on which the employee worked the greater number of hours.An employee who is on leave without pay for any portion of the last working day before or immediately after a holiday will not receive holiday credit, unless the department/unit head granted the authorized leave without pay for a portion of either or both of the working days and approved the holiday credit for the employee.
Any employee whose last workday before separating employment from the University is the day before a regularly scheduled holiday will not receive holiday credit for that holiday.
A Discretionary Day may be designated by the Kansas Governor to give employees who earn vacation leave an additional day off to use for a religious holiday, family event, or other special occasion. The characteristics and procedures below apply to any discretionary holiday authorized:
- This day is available to employees who accrue annual leave after 6 months of continuous employment.
- Each eligible employee receives discretionary day hours equal to the number of hours regularly scheduled to work. All hours for a discretionary holiday must be taken on the same day and within the year it was awarded. Discretionary days do not carry over to the next calendar year.
- The Discretionary Holiday is not a leave type for which pay is received at termination or retirement.
Medical leave includes any event that qualifies under the sick leave provisions discussed in full in Section .020 of this chapter. Medical leave is leave taken for an employee or an employee's family member's medical needs.
Leave records that contain employee medical and health information must be filed in a secure location separate and apart from other personnel files and accessible by those authorized in accordance with applicable laws.
The Family and Medical Leave Act (FMLA) is a federal law enacted to protect employees' benefits and to provide job protection for medical absences and other qualifying events. Eligible employees are entitled to up to twelve workweeks of job-protected leave for the birth, adoption, or foster placement of a child; for a serious health condition of the employee; or for an employee to care for the employee's family member with a serious health condition. Eligible employees may also be entitled to up to 26 weeks of job-protected leave to care for certain illnesses or injuries of a covered member of the Armed Forces, as discussed more fully below. Kansas State University has developed this policy to outline both the employee's and the University's rights and obligations under FMLA and state law. This policy should be construed and applied in a manner consistent with Kansas law, FMLA, and federal regulations implementing FMLA. For purposes of this policy, "University employee" or "employee" will mean an individual employed by the University, regardless of geographical location, who is eligible to receive state benefits. FMLA entitlement is a coordinated entitlement with the provisions of the KPERS disability waiting period, the Workers' Compensation Program, and the Shared Leave Program.
1. Eligibility for FMLA
Eligibility for leave under FMLA will be determined as follows:
- the employee has been employed by the University, another Regent's institution, or another Kansas state agency for at least twelve months prior to commencement of leave; AND
- the employee has worked for the University, another Regent's institution, or another Kansas state agency at least 1,250 hours during the twelve months immediately preceding the date leave begins. Only hours actually worked will be counted toward the 1250 hours requirement. Leave of any kind, whether paid or unpaid, does not count toward the 1250 hours worked.
The twelve months' employment does not have to be consecutive. Any previous employment with the University, another Regent's institution, or another Kansas state agency counts toward establishing FMLA eligibility
2. FMLA Qualifying Leaves
An eligible employee may be granted up to 12 workweeks of unpaid, job-protected leave (that includes health insurance continuation) during any 12-month period for the following reasons:
- the birth of the employee's child or placement of a child with the employee for adoption or foster care, and care of the child upon birth or placement in the employee's home (must be taken within twelve months following birth or placement);
- the care of an employee's spouse, son, daughter, or parent, as defined in Section 9 below who has a serious health condition.
- the serious health condition of the employee that makes the employee unable to perform the functions of the employee's position.
- to address certain Qualifying Exigencies related to a spouse, son, daughter, or parent who is on Covered Active Duty, or who has been notified of an impending call or order to Covered Active Duty.
- Employees who are a spouse, son, daughter, parent, or next of kin of a covered service member may also be eligible for up to 26 weeks of leave in a single 12-month period to care for a Covered Service Member who has a serious injury or illness incurred or aggravated in the line of duty that may render the Service Member medically unfit to perform his or her own duties and for which the Service Member is undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary disability retired list. Leave may also be used to care for veterans undergoing treatment, recuperation, or therapy for a military related injury or illness, as long as the veteran was a member of the Armed Forces, National Guard, or Reserves within 5 years of requiring care. In order to qualify for this leave, the employee must be the spouse, son, daughter, parent, or next of kin of the Service Member.
The 12-month period will be based on a rolling calendar year, measured backward from the date an employee first uses any FMLA leave. Entitlement for eligible employees who work less than full-time will be prorated. For example, an employee who normally works 20 hours per week will use one week of FMLA entitlement for every 20 hours of FMLA leave. Each employee is entitled to up to 12 workweeks of his or her normal workweeks per year.
Spouses employed by the University are limited to a combined total of 12 workweeks for the birth and care of a newborn child, placement of a child for adoption or foster care, or to care for a parent who has a serious health condition. Leave for birth and subsequent care or placement for adoption/foster care must conclude within 12 months of the birth or placement.
3. Exhaustion of Accrued Leave
University employees are required to use any and all accrued paid leave toward the twelve workweeks of FMLA leave to which they are entitled.
4. Request for, Notice and Designation of FMLA Leave
Employees must consult their departmental personnel specialist and comply with the department's usual and customary leave notice and procedures for requesting FMLA leave.
Employees must provide sufficient information for a department head to determine whether the request is for a qualifying event as defined by the FMLA. Such information may include documentation of diagnosis, hospitalization, or inability to perform functions of the job. Privacy of medical information in accordance with applicable laws will be observed. Documentation may also be required for leave taken when the employee or employee's qualifying family member is under continuing care of a health care provider.
Leave with or without pay that an employee uses that is FMLA-qualifying is counted against the FMLA leave entitlement, even if the employee does not request leave under FMLA. This includes time away from work under the Workers' Compensation Program, the KPERS disability waiting period, and the Shared Leave Program, if the serious health condition qualifies as FMLA leave.The University may designate leave as FMLA leave even if the employee does not request it if the circumstances qualify for FMLA. When requesting FMLA leave, employees must give as much advance notice as practicable and, when possible, at least thirty (30) days' notice. When leave is needed for planned medical treatment, the employee must make a reasonable effort to schedule treatment during times that do not disrupt departmental operations. Requests for FMLA leave will be made to the employee's personnel specialist within his/her department or to the department/unit head if the personnel specialist is the employee's supervisor.
Resolution of requests or disputes is vested with the Provost for unclassified employees and with the Associate Vice President, Division of Human Resources, for classified employees.
5. Intermittent or Reduced FMLA Leave
FMLA leave may be taken "intermittently or on a reduced leave schedule" under certain circumstances. Intermittent leave is FMLA leave taken in separate blocks of time due to a single qualifying reason. A reduced leave schedule is a leave schedule that reduces an employee's usual number of working hours per workweek or hours per workday. There must be a medical need for leave and it must be that such medical need can be best accommodated through an intermittent or reduced leave schedule.
Intermittent or reduced leave will be subject to prior approval by the employee's department/unit head.
When leave is taken after the birth of a healthy child or placement of a healthy child for adoption or foster care, an employee may take leave intermittently or on a reduced leave schedule only if the department/unit head agrees.
When an employee is granted intermittent leave or reduced leave, the employee may be required to accept a temporary transfer to an available alternative position with equivalent pay and benefits for which the employee is qualified and which better accommodates recurring periods of leave than does the employee's regular position. Transfer to an alternative position may include altering an existing job to better accommodate the employee's need for intermittent or reduced leave.
6. FMLA Medical Certification
Employees requesting FMLA leave due to their serious health condition or the serious health condition of the employee's spouse, son, daughter, or parent, or next-of-kin for military related leave, may be required to provide medical certification by a health care provider. The University may require periodic medical certification during any FMLA leave and may designate health care providers to furnish second and third opinions at the University's expense. The University may require an employee on FMLA leave to submit medical certification that the employee is able to return to work following leave.
Records and documents relating to certifications, recertifications or medical histories of employees or employees' family members will be maintained as confidential medical records in separate files/records from the usual personnel files, in accordance with applicable laws except that:
- supervisors and managers may be informed regarding necessary restrictions on the work or duties of an employee and necessary accommodations;
- first aid and safety personnel may be informed if the employee's physical or medical condition might require emergency treatment; and
- documents may be presented to state or federal agencies or courts with competent jurisdiction as required to document compliance with FMLA or during litigation.
7. Health Insurance Continuation under FMLA
An employee paying for group health insurance prior to the FMLA leave may continue to pay the same premium for the group health insurance during FMLA leave, even if the FMLA leave is without pay (LWOP). In a LWOP situation, the Division of Human Resources will notify the employee of premiums due for continued health insurance coverage. In some situations, the University may recover premiums paid on behalf of an employee on FMLA leave when the employee fails to return to work following FMLA leave.
Employees on FMLA leave will be subject to any change in group health insurance plans or benefits that affect all employees. Employees on FMLA leave will be given notice of any opportunity to change plans or benefits that is available to all employees.
8. Job Restoration Following FMLA
Upon return from FMLA leave, an employee will be returned to the position held prior to the FMLA leave or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment. An employee's use of FMLA leave cannot result in the loss of any employment benefit that the employee earned or was entitled to prior to using FMLA leave, nor can FMLA leave taken be counted against the employee under a "no fault" attendance policy. Accrual of employee leave benefits will occur only in those pay periods during which the employee was on paid leave.
There may be situations when an employee on FMLA cannot return to work after leave. For example, termination of employment may occur during or after leave if while an employee is on leave there is a layoff, reduction in force, or other cause supporting dismissal, so long as that event would have occurred if the employee were actively working. Similarly, termination of employment may occur if following leave, the employee is unable to perform the essential functions of the position, with or without reasonable accommodations.
9. FMLA Definitions
- "Family Member" means an employee's spouse, son, daughter, or parent, as defined by
29 Code of Federal Regulations 825:
- Spouse means a husband or wife as defined or recognized under state law for purposes of marriage, including common law marriage in states where it is recognized.
- Parent means a biological parent or an individual who stands or stood "in loco parentis" to an employee when the employee was a child. This term does not include parents "in law."
- Son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing "in loco parentis," who is either under age 18, or age 18 or older and incapable of self-care because of a mental or physical disability.
Persons who are "in loco parentis" include those with day-to-day responsibilities to care for and financially support a child or, in the case of an employee, who had such responsibility for the employee when the employee was a child. A biological or legal relationship is not necessary.
"Serious Health Condition" means an illness, injury, impairment, or physical or mental condition that involves:
- inpatient care in a hospital, hospice, or residential medical care facility, including any period of incapacity, or any subsequent treatment in connection with such inpatient care; or
- continuing treatment by a health care provider, which is defined as a period of incapacity of more than three consecutive calendar days, and any subsequent treatment or period of incapacity relating to the same condition that also involves: (a) treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services under orders of, or on referral by a health care provider; or (b) treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.
- any period of incapacity due to pregnancy, or for prenatal care.
- any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which (a) requires periodic visits for treatment by a health care provider, or by a nurse or physician's assistant under the direct supervision of a health care provider; (b) continues over an extended period of time (including recurring episodes of a single underlying condition); and (c) may cause episodic rather than a continuing period of incapacity (e.g. asthma, diabetes, epilepsy, etc.).
- a period of incapacity, which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.
- any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), kidney disease (dialysis).
"Treatment" for purposes of this section includes (but is not limited to) examinations to determine if a serious health condition exists and evaluations of the condition. Treatment does not include routine physical examinations, eye examinations, or dental examinations. A regimen of continuing treatment includes, for example, a course of prescription medication (e.g., an antibiotic) or therapy requiring special equipment to resolve or alleviate the health condition (e.g. oxygen). A regimen of continuing treatment that includes the taking of over-the-counter medications such as aspirin, antihistamines, or salves; or bed-rest, drinking fluids, exercise, and other similar activities that can be initiated without a visit to a health care provider, is not, by itself, sufficient to constitute a regimen of continuing treatment for purposes of FMLA leave.
Conditions for which cosmetic treatments are administered (such as most treatments for acne or plastic surgery) are not "serious health conditions" unless inpatient hospital care is required or unless complications develop. Ordinarily, unless complications arise, the common cold, the flu, ear aches, upset stomach, minor ulcers, headaches other than migraine, routine dental or orthodontia problems, periodontal diseases, etc., are examples of conditions that do not meet the definition of a serious health condition and do not qualify for FMLA leave. Restorative dental or plastic surgery after an injury or removal of cancerous growths are serious health conditions provided all of the other conditions of the FMLA regulation are met. Mental illness resulting from stress or allergies may be serious health conditions, but only if all the conditions of this section are met.
Substance abuse may be a serious health condition if the conditions of this section are met. However, FMLA leave may only be taken for treatment for substance abuse by a health care provider or by a provider of health care services on referral by a health care provider. On the other hand, absence because of the employee's use of the substance, rather than for treatment, does not qualify for FMLA leave.
Absences attributable to incapacity qualify for FMLA leave even though the employee or the immediate family member does not receive treatment from a health care provider during the absence, and even if the absence does not last more than three days. For example, an employee with asthma may be unable to report for work due to the onset of an asthma attack or because the employee's health care provider has advised the employee to stay home when the pollen count exceeds a certain level. An employee who is pregnant may be unable to report to work because of severe morning sickness.
"Health Care Providers" are:
- doctors of medicine or osteopathy;
- podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to subluxation correction);
- nurse practitioners, nurse-midwives and clinical social workers who are performing within the scope of their practice as defined under state law;
- Christian Science practitioners; and
- any health care provider recognized by the employer or accepted by the group health care plan.
"Covered Active Duty" means duty of a Covered Service Member during deployment to a foreign country. This term, as applied to members of the reserve component of the Armed Services, will mean covered active duty as defined by federal law.
"Covered Service Member" means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness, or a veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness and who was a member of the Armed Forces (including a member of the National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.
"Qualifying Exigencies" relate to the active or impending duty of Covered Service Member, including attending certain military events, arranging or providing for alternative child care or school, addressing certain financial and legal arrangements, addressing issues arising from short-term deployment, attending certain counseling sessions, and attending post-deployment reintegration briefings.
"In Pay Status" means time worked and time off work but for which the employee is compensated because of a holiday, use of any kind of leave with pay, or because of use of compensatory time credits.
"University Employee" or "employee" will mean an individual employed by the University, regardless of geographical location, who is eligible to receive state benefits.
"Workweek" means seven consecutive 24-hour periods.
10. FMLA Record Keeping
Departments are to keep records of the dates and duration of leave taken under FMLA provisions, as well as copies of employee requests and employer designations. If a supervisor or department head suspects that an employee is absent from work for an FMLA-qualifying reason, he or she must notify the Division of Human Resources, who will contact the employee regarding the absence. Records and documents relating to medical certifications, re-certifications or medical histories of employees or employees. family members, are required to be maintained as confidential medical records in separate files/records from the usual personnel files. Please see Section .070 for complete information.
11. FMLA Questions and Forms
For questions and clarification on specific FMLA situations, contact Benefits Administration in Human Resources at 785.532.6277 or BenAdmin@K-State.edu.
Forms for use in FMLA absences are available on the Benefits HR website on FMLA.
Employees who earn leave but who have depleted all their own leave balances may be granted advanced leave for medical absences to a maximum of 80 hours. Future sick and vacation leave will be adjusted as earned against the amount of leave advanced until leave returned equals leave advanced. Complete information on the Advanced Leave Policy and the Advanced Leave Agreement (PER-60) (pdf) are available through the Division of Human Resources (HR).
Shared leave is an optional medical leave program for eligible employees who are experiencing a physical or mental health condition that is serious, extreme, or life threatening and who have exhausted their leave balances. In some circumstances, leave may be requested to care for a family member experiencing a serious, extreme, or life-threatening health condition if that diagnosis and the inability to perform daily living activities unassisted is substantiated by a medical professional. For purposes of this program only, "family member" means a person related to the employee by blood, marriage or adoption; and a minor residing in the employee's residence as a result of court proceedings.
The standard for determining conditions that are serious, extreme, or life threatening is stringent. Qualifying medical conditions do not include routine and planned surgeries, routine pregnancy and delivery, anxiety and depression (unless hospitalization is required in treatment), broken bones, or chronic diseases or conditions.
Additional criteria includes the exhaustion of all accrued leave, an application and review process by a committee, satisfactory work performance and attendance. If approved, shared leave covers only the duration of the medical condition for which it was granted, up to a maximum of six months. Shared leave can be awarded retroactively up to two pay periods if circumstances are warranted.
Shared leave forms are available on HR's Benefits Forms website.
1. Eligibility for Shared Leave
Any leave-earning employee with at least six months of continuous service may submit an application for shared leave for conditions defined in Section C of this Chapter.
An employee with a current or pending workers' compensation claim is not eligible for shared leave for the same medical condition. An employee approved for long-term disability is no longer eligible for shared leave. Shared leave may be denied if the approving authority determines that the requesting employee has a documented history of leave abuse or unsatisfactory work attendance.
Once an application is approved, the awarding of leave is dependent upon availability of leave donated by other employees.
Shared leave covers only the duration of the medical condition, up to a maximum of six months, for which the leave was approved and cannot be awarded twice for the same condition. Shared leave cannot be used intermittently or on a reduced work schedule except during the thirty days following an employee's return to work and, only for follow-up care that is directly related to the initial condition.
2. Application for Shared Leave
An employee requesting shared leave must submit a signed Shared Leave Request (pdf) through the employee's department to the Division of Human Resources. The request must include complete medical information from a health care provider.
A Shared Leave Review Committee, made up of at least two unclassified employees representing unclassified employee requests, and at least two classified employees representing classified employee requests, will consider the completed application and submit a recommendation to the appropriate University administrator ― the Provost for requests by unclassified employees and the Associate Vice President for Human Resources for requests by classified employees.
Applicants will be notified of approval or denial by email or letter.
3. Pay and Benefits for Shared Leave Recipient
Shared leave is paid at the recipient's rate of pay by the recipient's department. An employee receiving shared leave is considered to be in pay status and will continue to receive benefits equal to those received prior to the start of shared leave.
Any vacation and sick leave accrued during each pay period must be exhausted before shared leave hours are used.
Once an employee has returned to work for at least 20 days, the shared leave awarded but not yet used will be deleted and therefore, unavailable to the recipient except as described in C1 above.
4. Shared Leave Departmental Responsibilities
The department/unit head's signature is required for all shared leave requests submitted by department/unit employees prior to forwarding the requests to the Division of Human Resources.
When shared leave is approved, the notification will include the number of hours donated so that time and leave may be entered appropriately. Shared leave may be applied retroactively for a maximum of two pay periods preceding the date of approval.
5. Shared Leave Donations
Shared leave donations can be made only to an employee who is already approved for shared leave. Donations can be made to a specific individual or to any employee who is approved for shared leave. Donations are made on a Shared Leave Donation (pdf) form and submitted to HR. All donations are anonymous.
These conditions apply to all shared leave donations:
- Unclassified employees may donate sick leave only. The donor's leave balance must be 480 hours or more after the donation unless the donor is terminating employment with the University.
- Classified employees may donate sick leave and/or vacation leave. The donor's vacation leave balance must be 80 hours or more after a donation of vacation leave; the donor's sick leave balance must be 480 hours or more after a donation of sick leave. These balances are not required when the donor is terminating employment with the University.
- Shared leave awarded but not used by a recipient will be returned to the donor(s) on a pro-rated basis if the donor(s) is still employed in an eligible position at the University.
All eligible employees may receive paid leave for medically approved recovery time away from work for donating organs, tissue, and marrow, blood, or blood products in accordance with the following criteria:
- Up to 30 working days of paid leave for recovery from an organ or tissue donation procedure
- Up to 7 working days of paid leave following donation of bone marrow
- Up to 1.5 hours of paid leave every four months for the donation of blood*
- Up to 3 hours of paid leave every four months for the donation of blood platelets or other approved blood products.
Time spent in pre-donor activities (e.g. evaluation, diagnostic testing, travel etc.), counts towards these entitlements.
Donor leave may not be used to care for family members who are donors.
Donor leave does not count against an employee's FMLA entitlement.
*Participation in State of Kansas and University sponsored blood drives is not considered donor leave as described in this section. An employee can participate in these sponsored blood drives without using the donor leave allowance.
Each employee who is injured on the job and awarded workers' compensation will be granted use of accumulated leave upon the employee's request to supplement workers' compensation payments. The compensation for accumulated leave used each pay period is that amount which, together with workers' compensation, equals the regular pay for the employee. Vacation leave and compensatory time will be used only after sick leave has been exhausted unless the employee requests that vacation leave and/or compensatory time be used first. Employees are not required to use accumulated compensatory time in conjunction with workers' compensation.
Complete information on Workers' Compensation is available on the Benefits HR website on Workers' Compensation Insurance
Situations qualifying for job-injury leave at the University generally apply to those employees working in protective service. Any injury qualifying for job-injury leave must be approved by the Provost or Associate Vice President for Human Resources.
A qualifying job injury is one that meets these criteria:
- Renders the employee unable to perform regular job duties; and
- Arose out of and in the course of employment with the State of Kansas; and
- Was sustained as the result of a shooting, stabbing, or aggravated battery by another person against the employee; or for law enforcement officers, was sustained while in pursuit of a person who has committed a crime or who is reasonably suspected of having committed a crime as defined in State of Kansas Statues
Qualified job injuries do not include injuries sustained because of the intentional actions of a co-worker. Job injury leave cannot exceed six total months away from work, including any periods of limited duty. While an employee is on an approved job injury leave, the University will continue to pay the employee's regular compensation. If the employee is awarded workers' compensation also, the University will pay the employee compensation in an amount that, together with workers' compensation pay, equals the regular pay of the employee. The employee will not be required to use accrued sick leave or vacation leave. The employee will continue to accrue sick and vacation leave as long as the employee remains in pay status.
Employees on approved job injury leave are prohibited from being gainfully employed by any other employer.
Special purpose leaves include those situations which arise without anticipation or which cannot be planned/scheduled by an employee. Special purpose leaves are not accrued.
Administrative leave is leave with pay as authorized by the Provost or Associate Vice President for Human Resources for situations that create dangerous or unsafe work conditions or for other circumstances that necessitate the closing of an office or building. Department/unit heads must notify the Provost or Associate Vice President for Human Resources in writing concerning any situation that might warrant administrative leave, including the circumstances, facilities involved, starting and ending times of the administrative leave, and employees affected by the situation.
The Provost or Associate Vice President for Human Resources also has the authority to impose administrative leave (with or without pay) for personnel issues when doing so is in the best interest of the University.
An employee who is authorized to attend a workshop, seminar, or convention is considered to be working (not on administrative leave) and documentation for these absences is determined by the department/unit head. Standard policies for hours worked apply. See Chapter 4220 for complete information on hours worked.
Leave with pay may be authorized for any employee who is a certified disaster service volunteer when these conditions are met:
- The employee is requested in writing by the American Red Cross to provide disaster services.
- The disaster is designated by the American Red Cross to be Level II or greater.
- The disaster occurs in Kansas or in a state contiguous to Kansas.
Disaster volunteer leave is limited to 20 working days within a 12-month period that begins on the first day of disaster volunteer leave used. Written approval from the appropriate administrator is required. For unclassified employees, the Provost or appropriate Vice President is the approving administrator. For classified employees, the Associate Vice President for Human Resources is the approving administrator.
An employee on disaster volunteer leave as an American Red Cross volunteer is not considered an employee of the State of Kansas for workers' compensation insurance or coverage by Kansas Tort Claims Act.
Employees may be granted a maximum of six working days as paid leave for bereavement or to arrange for and to attend the funeral services of a close relative. The employee's relationship to the deceased and necessary travel time are all factors in determining whether or not to grant paid leave and the number of days if granted.
For classified employees only: Close relatives are defined as spouse, child, mother, father, brother, sister, foster parents, step parents, step children, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparents, and grandchildren, unmarried domestic partner, or any relative or legal guardian residing in the household. One day is allowed in the case of death of an aunt or uncle of the employee or the employee's spouse.
Inclement weather leave occurs only when declared by the University President or his designee, or the Governor of Kansas. Weather conditions warranting this declaration are severe enough to close or substantially reduce the University schedule and operation. When inclement weather is declared, the Division of Human Resources will provide guidance on payroll coding so that affected employees are compensated appropriately for time designated as inclement weather leave. See the PPM 3035, Inclement Weather General Policy and Procedure for more information.
Each employee, excluding an employee on a temporary appointment, will be granted a leave of absence with pay for required jury duty, in order to comply with a subpoena as a witness before the Civil Service Board, the Kansas Human Rights Commission, the U.S. Equal Employment Opportunity Commission, or a court, legislative committee, or other public body, except for appearances which involve an employee, either as defendant or plaintiff, in a personal matter. In such cases involving a personal matter, accrued vacation leave, compensatory leave, holiday compensatory leave, discretionary day, or leave without pay may be used. The length of time for jury duty leave will be determined by the department/unit head, using the following factors as guidelines: (1) actual hearing/court time, (2) location of hearing/court, and (3) employee's residence location in relationship to the hearing/court location. Department/unit heads may require documentation to support this determination.
Each employee granted such leave who receives pay or fees for a required appearance, excluding jury duty, will turn over to the State of Kansas the pay or fees in excess of $50. The employee may retain any amount paid to the employee for expenses in traveling to and from the place of the jury duty or required appearance except that when an employee travels in a state vehicle for a required appearance before a court, or a legislative committee, or other public body, the employee will turn over to the State of Kansas any mileage expense payments received.
Authorized leave from regular University duties for purposes not related to University duties and during which the benefits-eligible employee receives no University compensation constitutes leave without pay. The reason(s) for leave without pay may include professional growth, significant public service, health or other personal reasons.
With approval from the department/unit head, an employee on leave without pay may return to work on an earlier date than originally scheduled. If terminating a leave without pay is in the best interest of the University, the Provost (for faculty) or the appropriate Vice President may give two weeks. written notice to the employee that the leave without pay will be terminated. An employee's failure to return to work at the end of an authorized leave without pay or upon notice of termination of the authorized leave will be considered a resignation of employment.
When a classified employee returns to work following an approved leave without pay or upon notice by the appointing authority (Associate Vice President, HR) that the leave has been terminated, the employee will be returned to a position in the same class as the position which the employee held at the time the leave was granted or in another class in the same pay grade for which the employee meets the qualifications. If the leave without pay was granted concurrent with FMLA leave, please see Section .040 A for return to work requirements.
Employees who receive workers' compensation pay may submit a written request to the Division of Human Resources, asking that accumulated leave not be used to supplement workers' compensation pay. Without this specific request, accumulated leave will be used to the extent needed to equal the employee's regular pay.
For information on group health insurance coverage while on leave without pay, see PPM Chapter 4820 Insurance for Employees.
1. Unclassified Employees' LWOP
Only employees in budgeted positions and who are not on term appointments qualify to be considered for leave without pay.
Term and temporary employees are not eligible for LWOP except when on approved FMLA leave. The only exception is faculty who hold nine-month term appointments who are not appointed for the summer but who have a contract for the following academic year may be placed on involuntary leave without pay for the summer months.
A leave without pay for up to three years may be granted by the University President when such leave is judged to be in the best interest of the University.
Any extension of a leave without pay beyond three years requires approval of the Kansas Board of Regents with documentation of the extraordinary circumstances to be provided by the University President.
While leave without pay will not be considered to be a break in service, leave without pay will not be counted for qualification for sabbatical leave. Only leave without pay for scholarly leave will count toward the probationary period for tenured status unless the employee and the University agree otherwise at the time the leave is granted. Such agreement must be in writing.
For leave without pay of less than 30 days, employees must request and get approval through their department/unit head.
For leave without pay requests exceeding 30 days, employees must file a Memorandum of Agreement Regarding Leave Without Pay for Faculty or Unclassified Employee Leaves 30-Days or Longer with the appropriate approval signatures; final approval resides with the Provost for faculty and the appropriate Vice President for non-faculty. Additionally, the department/unit is to submit a Change or Separation Form (PER-39) (pdf) to the Division of Human Resources. See PPM Chapter 4460 Personnel Appointments, Changes and Separations.
2. Classified Employees' LWOP
Any classified employee with permanent status or any classified employee in a regular position but without permanent status may be considered for leave without pay (LWOP). All accrued leave must be exhausted before LWOP can be approved. This leave may be for any of these purposes:
- Illness, disability, pregnancy, childbirth, miscarriage, abortion, and recovery;
- Adoption of a child by the employee;
- Initial placement of a foster child in the employee's home;
- Care for a family member with a serious health condition;
- Other good and sufficient reason deemed by the appointing authority to be in the best interest of the University.
Family members are persons related to the employee by blood, marriage, or adoption, and minors residing in the employee's home as a result of court proceedings pursuant to the Kansas Code for Care of Children or the Kansas Juvenile Offenders Code.
As the appointing authority of the University, the Associate Vice President for Human Resources, may require a physician's statement to document illness or disability cited as the reason for leave without pay.
Any employee with permanent status may be granted leave of absence without pay from the employee's classified position to enable the employee to take a position in the unclassified service if the granting of this leave is considered to be in the best interest of the University.
A classified employee with permanent status may be granted leave without pay for a period not to exceed one year.
The appointing authority may grant leave without pay to a classified employee in a regular position but without permanent status for no more than 60 days. When the appointing authority believes a longer amount of time to be warranted, the appointing authority may request the Director of Personnel Services to approve a longer leave or extension of leave to a maximum of six months and such extended leave must be reported to the State Director of Personnel Services.
Classified employees taking an interim position in the unclassified service are limited to one year, however, the appointing authority may grant one or more extensions of up to one year.
Applications for leave without pay for 30 days or less must be approved by the department/unit head prior to the beginning of the leave.
Leave without pay for more than 30 days requires approval by the appointing authority.
The department must complete and submit a Change or Separation Form (PER-39) (pdf) with the written request for leave without pay exceeding 30 days. Leave without pay for 30 days or less is reported in the Human Resource Information System, Time and Leave.
Sabbatical leave is paid leave granted by the University for approved full-time faculty to pursue advanced study, conduct research, or secure appropriate industrial or professional experience. Faculty members applying for a sabbatical leave must make formal application no later than November 1 of the year preceding that for which leave is requested. Leaves will be considered based on comparative merit, with preference given to sabbatical leave requests for a full year at one-half pay.
Requests for sabbatical leaves and subsequent changes are submitted to the Provost. Sabbatical leave guidelines and application are available from the Office of Academic Personnel.
Sabbatical leave may be granted under the following conditions:
In strictly meritorious cases, a full-time faculty member on regular appointment at Kansas State University who has served continuously for a period of six years or longer at one or more of the regents institutions may, at the convenience of the University and upon recommendation of the Provost and approval of the University President, be granted one such leave of absence for each period of regular employment to pursue advanced study, conduct research studies, or secure appropriate industrial or professional experience. Leave will not be granted for a period of less than one semester or for a period of more than one year, with reimbursement being made according to the following schedule:
- for nine-month faculty members, up to half pay for an academic year, or up to full pay for one semester.
- for twelve-month faculty members, up to half pay for eleven months, or up to full pay for five months.
Outside grant funds received by the University in support of the individual's scholarly efforts during his/her sabbatical leave may be used for supplemental salary, but total sabbatical leave salary in these instances may not exceed his/her regular salary. Regular salary is defined as the salary being paid at the time the sabbatical leave begins.
Faculty must agree to return to the service of the state institution granting the sabbatical leave for a period of at least one year (9 or 12 months depending on term of employment) immediately following the expiration of the sabbatical leave. Persons failing to return to the university must refund all sabbatical pay. Those who fail to remain for the full one year of school service (9 or 12 months depending on annual term of employment) must refund that portion of their sabbatical pay as represented by the portion of the one year they fail to serve.
The Federal Uniformed Services Employment and Reemployment Rights Act (USERRA), codified at 38 U.S.C. 4301 et seq. provides enhanced leave rights and job protections for employees absent for military duty.
University employees who are called to full-time active duty or who must fulfill Reserve or National Guard training requirements are eligible for leave benefits described in this section. Military leave provisions include military leave with and without pay.
The request for military leave should be made as soon as possible under the circumstances of the order. The department must complete and submit a Change or Separation Form (PER-39) (pdf) to Human Resources, together with a copy of the military order or duty document.
Military leave not requested as prescribed in this policy will not be approved unless the employee provides satisfactory evidence of extenuating circumstances to Human Resources via the department/unit head.
Each employee in a leave-earning position will be granted military leave without pay or, at the employee's request, granted accrued vacation leave for induction, entrance, or examination into a Reserve or National Guard unit. Upon completion of the induction, entrance, or examination, the employee is to return to work.
Military leave is included in the employee's length of service when documented by a DD-214. No paid leave will be earned or accrued while on military leave without pay.
For purposes of this policy, any reference to the military Reserve of the United States is considered to include members of the National Guard.
Employees in a regular (non-temporary) classified position or unclassified employees with a regular contract, who enlist or are drafted into the Armed Forces of the United States or employees who are Reservists and members of the National Guard who are activated to duty will be granted military leave without pay upon the employee's notice of a military order requiring active duty for other than training purposes. The employee must notify the department/unit head of the military order requiring active duty as soon as possible. An employee on military leave without pay must apply for permission to return to service within 90 days after receiving a discharge (under honorable conditions) from the active military service or from hospitalization due to injuries or illness sustained while on active duty. The following re-employment provisions apply:
- If the employee is qualified to perform the duties of the former position, the employee will be restored to that position or to a similar position with like status and salary in the same geographic location; or
- If the employee is not qualified to perform the duties of the former position by reason of disability sustained during military service but is qualified to perform duties of any other position, the employee will be offered employment in the same geographic location in a position comparable in status and salary to the former position; or
- In the case of a classified employee, if the University's circumstances have so changed as to make it unreasonable to offer the person a position under (1) or (2) above, an appeal to the Secretary of Administration for appropriate placement is authorized.
Reenlistment or continuation of active duty beyond the time prescribed will be considered a voluntary resignation from military leave status and from employment at K-State.
Military leave will be counted as part of the employee's length of service. Sick leave, vacation leave and holiday credit will not be earned or accrued during a period of military leave without pay.
For employees in KPERS retirement program, an employee must submit to the Division of Human Resources an official copy of military orders and discharge papers (DD214) to substantiate the length of service. The employee's KPERS membership, if applicable, will be protected during the period of service provided he or she returns to employment with a participating KPERS employer within 12 months following discharge or separation from active duty.
Leave-earning employees who are members of a Reserve or National Guard component of the military service of the United States are granted a maximum of 15 working days of military leave with pay for (active duty) annual training within each 12-month period beginning October 1 and ending September 30 of the following year. Active duty in excess of 15 working days within the 12-month period will be charged to military leave without pay or, at the employee's request, to accrued vacation leave.
For monthly drill activities (inactive duty), employees who are members of a Reserve or National Guard component of the military will be granted military leave without pay, or at the employee's request, accrued vacation leave for this period of service. Most drill activities occur on weekends and this provision would generally apply only to those whose regular work schedule includes weekends.
Upon each employee's release from a period of active or inactive duty or upon discharge from hospitalization or convalescence from illness or injury incurred or aggravated by the military duty, each employee will be permitted, if qualified, to return to a position with status and pay similar to that which the employee would have had if the employee had not been absent for military purposes. If the employee is no longer qualified to perform the duties of the position because of disability sustained during the military duty but is qualified to perform the duties of any other position, the employee will be offered employment in a position comparable to the former position in status and pay.
When returning from a period of inactive or active military duty, the employee will report for work as follows:
|Period of Duty-Calendar Days||Return to Work Following Release From Duty|
|1-30 days||First full, regularly scheduled day after release|
|31-180 days||Within 14 days of release|
|181+ days||Within 90 days of release|
These periods may be extended to no more than two years from the date of release from military duty to accommodate a period of hospitalization or convalescence resulting from a service-connected injury or illness. To the extent practical, the employee will inform the department/unit head of any change in the date on which the employee is anticipated to return to work. The department/unit head is to keep the Division of Human Resources advised of these circumstances. The University may require the employee to provide documentation from his or her commanding officer of the date on which the employee is released from military duty or from his or her health care provider of the reasons the employee will not be able to return to work following the employee's release from military duty.
This provision covers guard members who are called to service by the Kansas Governor.
Each leave-earning employee who is a member of the Kansas or State National Guard will be granted military leave with pay for the duration of any official call to state emergency duty. Military leave without pay or, at the employee's request, accrued vacation leave may be granted for the duration of any other type of state military duty performed. The employee is to provide a copy of the appropriate state military order.
Each employee in a regular position who is called or ordered to active duty by the State of Kansas National Guard will be returned to a job that is comparable to the job that the employee held at the time the employee was called to duty.
Appropriate records must be maintained and kept according to University policy for the type of leave taken (PPM 3090, Retention of Records). Special handling of FMLA records is outlined below.
FMLA Documents: Departments are required to make, keep, and preserve FMLA records in accordance with the recordkeeping requirements of the Fair Labor Standards Act (FLSA) (See PPM Chapter 4220). FMLA records do not have to be in any particular order or form. Departments must keep the records for no less than three years and make them available for inspection, copying, and transcription by Department of Labor representatives upon request. Records kept in computer form must be made available for transcription and copying.
Documents required for FMLA recordkeeping by the department include:
- Dates of FMLA leave taken by eligible employees. Leave must be designated in records as FMLA leave.
- Hours of FMLA leave taken by eligible employees, if leave is taken in increments of less than one full day
- Copies of employee notices of leave furnished to the employer
- Copies of all written notices given to employees as required under FMLA
- Premium payments of employee benefits where applicable
- Records of disputes between the employer and the employee regarding FMLA
Records and documents relating to medical certifications, re-certifications or medical histories of employees or employees. family members, are required to be maintained as confidential medical records in separate files/records from the usual personnel files.
Leave reporting in the Human Resource Information System (HRIS) is accomplished through instructions provided by the Division of Human Resources. Employees are responsible for timely submission of leave requests.
Questions should be addressed to the Division of Human Resources as follows:
- Leave accrual and benefits-- Benefits Administration, BenAdmin@K-State.edu.
- Leave reporting and accountability--Payroll and Employee Data. 785.532.6277
- Overtime and compensatory time--Compensation and Classification. 785.532.6277
For additional information on unclassified specific programs, such as Unclassified Leave Without Pay or Sabbatical Leave, contact: