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Kansas State University
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Unclassified Employee Leaves

Chapter 4865
Revised August 4, 2008

Table of Contents

.010 Introduction
.020 Administrative Leave
.030 Bereavement Leave
.040 Disaster Service Volunteer Leave
.050 Donor Leave
.060 Family and Medical Leave Act (FMLA)
.0610 Policy
.0615 Entitlement
.0620 Definitions
.0625 Eligibility
.0630 Exhaustion of Accrued Leave
.0635 Notice and Designation of FMLA Leave
.0640 Intermittent or Reduced Leave
.0645 Medical Certification
.0650 Return to Work and Continuation of Group Health Insurance
.0655 Requests for and Designation of FMLA Leave
.0660 Dispute Resolution
.0665 Record Keeping
.070 Holidays
.080 Job Injury Leave
.090 Jury Duty
.100 Leave Without Pay (LWOP)
.110 Military Leave for Reserve Components (Including National Guard)
.120 Military Leave for Kansas or State National Guard
.130 Sabbatical Leave
.140 Shared Leave
.150 Sick Leave
Table A - Unclassified Non-Exempt Employees - Sick Leave Earnings Schedule
Table B - Unclassified Exempt Employees - Sick Leave Earnings Schedule
.160 Vacation Leave
Table C - Unclassified Non-Exempt Employees - Leave Earned Based Upon Length of Service and Earnings Schedule
Table D - Unclassified Exempt Employees - Leave Earned Based Upon Length of Service and Earnings Schedule
.170 Reporting Leave
.180 Questions
Related Content
.200 Shared Leave Request Form(PDF)
.210 Shared Leave Donation Form(PDF)
.220 Family and Medical Leave Act (FMLA) Certification of Health Care Provider
.230 Family and Medical Leave Act (FMLA) Employee Request Form
.240 Family and Medical Leave Act (FMLA) Employer Checklist
.250 Family and Medical Leave Act (FMLA) Notice of Designation of FMLA Leave
.260 Family and Medical Leave Act (FMLA) Notice to Employees Requesting FMLA
.270 Leave Request-Hourly (Non-Exempt) Employees
.280 Leave Request-Salaried (Exempt) Faculty and Staff
.290 Memorandum of Agreement (Word 97-2003)

.010 Introduction

This chapter establishes the general KSU policies and procedures concerning various leave programs available to unclassified employees. These policies and procedures are specific only to the degree they do not impede the managerial and operational department level requirements.

Department heads/directors 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 leave program. Further, these internal department procedures are to be administered uniformly and equitably to all department employees. An exception would be a documented leave abuse or misuse by an employee.

.020 Administrative Leave - Unclassified Employees

Administrative leave is leave with pay as authorized and approved by the KSU Appointing Authority for an emergency or other situation that creates dangerous or unsafe work conditions or for other circumstances that necessitate the closing of an office or building. Directors and department heads are to notify the Associate Vice President, Division of Human Resources of any situation for which administrative leave is warranted. This notification shall be in writing and specify the circumstances, facilities affected, the dates, the starting and ending times of the administration leave, and the employees affected by this situation.

Time spent attending a conference or other related work experience is not considered administrative leave and should be reported as regular time worked.

.030 Bereavement Leave - Unclassified Employees

Unclassified employees may be granted leave with pay upon the death of a close relative. Such leave shall in no case exceed six working days. The employee's relationship to the deceased and necessary travel time are among the factors considered in determining whether to grant bereavement leave, and if so, the amount of leave to be granted.

.040 Disaster Service Volunteer Leave - Unclassified Employees

Unclassified employees who are certified disaster service volunteers of the American Red Cross may be granted disaster service volunteer leave when:

  1. the American Red Cross submits a request to the University specifically requesting the services of the employee;
  2. the American Red Cross designates the disaster as a Level II disaster or above; and
  3. the disaster occurs in Kansas or in states contiguous to Kansas.

Disaster service volunteer leave is leave with pay. It shall not exceed twenty working days in the twelve month period that starts the first day the leave was used. The employee is not considered to be an employee of the state for the purposes of Workers' Compensation or the Kansas Tort Claims Act while on disaster service volunteer leave.

The Provost is the approving authority for disaster service volunteer leave for unclassified employees.

.050 Donor Leave - Unclassified Employees

Entitlement - Executive Order Number 2001-02, effective March 4, 2001, creates the Kansas Donor Leave program. This program provides approved recovery time away from work for unclassified employees who choose to donate organs, tissue, bone marrow, or blood products.

Guidelines - Under the Donor Leave program, all benefits eligible employees may receive paid leave in accordance with the following criteria:

  1. employees may receive up to 240 hours (30 working days) of paid leave for recovery from an organ or tissue donation procedure.
  2. employees may receive up to 56 hours (7 working days) of paid leave following donation of bone marrow.
  3. employees may receive up to 1.5 hours of paid leave every four months for the donation of blood.
  4. employees may receive up to 3 hours of paid leave every four months for the donation of blood platelets or other approved blood products.

State of Kansas and Kansas State University sponsored blood drives do not count toward the 1.5 hours allowed every four months for blood donations under this program.

Time spent in pre-donor activities (e.g. evaluation, diagnostic testing, travel, etc.) counts toward these entitlements.

Donor Leave will only be paid for leave taken during an employee's regularly scheduled work hours.

An employee does not have to exhaust any accrued vacation leave, sick leave, or compensatory time before being eligible to receive Donor Leave.

Donor Leave applies only to active employees who donate organs, tissue, marrow, blood, or blood products. Donor leave may not be used to care for family members who are donors.

Donor Leave does not count against an employee's Family and Medical Leave Act (FMLA) entitlement.

Donor Leave does not count as time worked for Fair Labor Standards Act (FLSA) purposes. All Donor Leave will be paid at the employee's regular rate of pay.

Procedures - Employees request Donor Leave in the same manner as any other leave request is administered, based upon department/work unit established procedures. Directors/department heads may request supporting documentation to accompany the Donor Leave request.

.060 Family and Medical Leave Act (FMLA) - Unclassified Employees

.0610 Policy

Reference: Division of Personnel Services Bulletin No. 05-06, effective August 26, 2005.

The Family and Medical Leave Act (FMLA), effective August 5, 1993, entitles eligible employee to up to twelve workweeks of unpaid 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. 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" shall 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.

.0615 Entitlement

The Kansas State University policy for implementing FMLA, entitles eligible employees to up to twelve workweeks of unpaid leave, within a twelve month period, for:

  1. 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);
  2. the care of an employee's spouse, son, daughter, or parent, as defined by 29 Code of Federal Regulations 825, with a serious health condition; or
  3. the serious health condition of the employee that makes the employee unable to perform the functions of the employee's position.
  4. You may also be eligible for up to 26 weeks of leave for certain military-related reasons. Please contact Human Resources for more information.

The twelve month period will be measured forward from the first date that FMLA leave is taken. The next twelve month period would begin the first time FMLA leave is taken after completion of any previous twelve month period. 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.

FMLA is not intended to cover short-term conditions for which treatment and recovery are brief.

.0620 Definitions

"Care" may include providing physical, psychological, emotional, or financial support.

"Family Member" means an employee's spouse, son, daughter, or parent, as defined by 29 Code of Federal Regulations 825:

  1. 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.
  2. 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".
  3. 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:

  1. 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
  2. continuing treatment by a health care provider. A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
    1. 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:
      1. 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
      2. 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.
  3. any period of incapacity due to pregnancy, or for prenatal care.
  4. any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
    1. 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;
    2. continues over an extended period of time (including recurring episodes of a single underlying condition); and
    3. may cause episodic rather than a continuing period of incapacity (e.g. asthma, diabetes, epilepsy, etc.).
  5. 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.
  6. 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:

  1. doctors of medicine or osteopathy;
  2. podiatrists, dentists, clinical psychologists, optometrists, and chiropractors (limited to subluxation correction);
  3. nurse practitioners, nurse-midwives and clinical social workers who are performing within the scope of their practice as defined under state law;
  4. Christian Science practitioners; and
  5. any health care provider recognized by the employer or accepted by the group health care plan.

"In Pay Status" means time worked, and time off work but for which the employee is compensated because of a holiday, because of use of any kind of leave with pay, or because of use of compensatory time credits.

"University Employee" or "employee" shall 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.

.0625 Eligibility

Eligibility for leave under FMLA will be determined as follows:

  1. 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
  2. the employee has worked (in a pay status) 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.

The twelve months employment requirement 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.

.0630 Exhaustion of Accrued Leave

University employees are required to use any accrued paid leave toward the twelve workweeks of FMLA leave to which they are entitled.

Accrued leave usage is accounted for as follows:

  1. exempt employees -- in half-day or full-day increments.
  2. non-exempt employees -- in one-quarter hour increments.

.0635 Notice and Designation of FMLA Leave

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.

If the "serious health condition" is a work related injury for which the employee is receiving Workers' Compensation, the time that the employee is off work (i.e. the time covered by Workers' Compensation and any accrued leave) will be counted toward the employee's 12-workweek FMLA leave entitlement.

Department heads/directors may designate leave as FMLA even if the employee does not request it if the circumstances qualify for FMLA. When requesting FMLA leave, employees shall give as much advance notice as feasible, and when possible, at least thirty (30) days notice. Requests for FMLA leave must be made to the employee's immediate supervisor.

.0640 Intermittent or Reduced Leave

Intermittent or reduced leave shall be subject to prior approval by the employee's department head AND the Office of Academic Personnel for unclassified employees. When an employee takes FMLA on an intermittent or reduced schedule, the FMLA entitlement is measured as follows:

  1. exempt employees -- in half-day or full-day increments.
  2. non-exempt employees -- in one-quarter hour increments.

Intermittent or reduced leave must be given: 1) when medically necessary to care for the employee's spouse, son, daughter, or parent with a serious health condition; and 2) when medically necessary for the employee's own serious health condition. Intermittent or reduced leave may be given when taken for the birth of the employee's child or placement of a child with the employee for adoption or foster care.

The following applies to intermittent or reduced work schedules:

  1. only the amount of leave actually taken may be counted toward the twelve workweeks of leave. Example: if an employee who normally works five days a week takes one FMLA day off per week, the employee uses 8 hours (or one-fifth) of a week of FMLA entitlement.
  2. for an employee who works less than full time, the amount of leave to which she or he is entitled is determined on a proportional basis by comparing the employee's new schedule with the employee's normal schedule. Example: if an employee who normally works 20 hours per week now, under a reduced work schedule, the employee would use 20 hours of their FMLA entitlement.
  3. the normal workweek of an employee whose schedule varies shall be based on the percent of time to which they are appointed.

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 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.

.0645 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, 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.

Medical certifications, recertifications or medical histories of employees or employees' family members must be kept in separate files and treated as confidential medical records in accordance with the Americans with Disabilities Act requirements. However:

  1. supervisors and managers may be informed regarding necessary restrictions on the work or duties of an employee and necessary accommodations.
  2. first aid and safety personnel may be informed if the employee's physical or medical condition might require emergency treatment; and
  3. U.S. Department of Labor and other government officials investigating compliance with FMLA shall be provided confidential medical records upon request.

.0650 Return to Work and Continuation of Group Health Insurance

Upon return to work from FMLA leave, the employee shall be returned to the same or equivalent position. The employee may not accrue additional benefits, such as sick or vacation leave, during a period of unpaid leave; however, the following benefit provisions apply during leave under FMLA:

  1. while employees will not accrue additional benefits during leave without pay under FMLA, benefits accrued prior to leave will be retained at the same levels upon return to work.
  2. for an employee on leave without pay under FMLA, the University must maintain the employee's group health insurance coverage on the same conditions and at the same level of the KSU contributions as would have been provided if the employee had been continuously employed.
  3. employees on FMLA leave will be subject to any change in group health insurance plans or benefits that affect all employees.
  4. employees on FMLA leave will be given notice of any opportunity to change plans or benefits that is available to all employees.
  5. leave without pay of less than one full day for documented FMLA-qualifying purposes will not affect an employee's Fair Labor Standards Act exempt status.

.0655 Requests for and Designation of FMLA Leave

Employees requesting leave under the FMLA are to complete and submit to their supervisor, the following documents:

  1. FMLA Employee Request/Employer Response form,
  2. Certification of Health Care Provider form,
  3. Notice to Employees Requesting Leave Under the FMLA form,

The department head/director is the approving authority for FMLA requests unless the request includes Leave Without Pay in excess of 30 days. Department heads/directors are not to deny FMLA requests without first reviewing the circumstances and request with the Office of Academic Personnel.

Department heads/directors are to use the FMLA Employee Request/Employer Response form when evaluating requests and are responsible for notifying the employee of the request results.

As provided in the FMLA regulations, any leave designated as FMLA leave must be so designated to the employee within two business days of the employee's request for leave or of learning that the leave is being taken for an FMLA-qualifying reason, absent extenuating circumstances. The Notice of Designation of FMLA form may be used for this purpose.

The department head/director is to submit these documents to the Office of Academic Personnel if the request includes any Leave Without Pay (LWOP) in excess of 30 days, along with a:

  1. recommendation;
  2. FMLA Employee Request/Employer Response form (with all appropriate sections completed);
  3. Change or Separation Form (PER-39)(PDF), if any of the FMLA time is Leave Without Pay beyond 30 days; and
  4. Group Health Insurance (GHI) change form, if any of the FMLA time is Leave Without Pay beyond 30 days.

.0660 Dispute Resolution

Resolution of requests or disputes is vested with the Provost for unclassified employees.

.0665 Record Keeping

Departments are to keep records of the dates and duration of leave taken under FMLA entitlement and are responsible for providing written notice to the employee who is absent from work for a serious health condition (to include Workers' Compensation claims) that their time away from work counts toward their FMLA entitlement. At the present time, accountability for FMLA leave will need to be accomplished through separate, paper documents maintained by the employee's department.

.070 Holidays - Unclassified Employees

Legal and officially observed holidays include New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, Christmas Day, and other days designated by the Governor as days on which state offices are closed. If a holiday falls on a Saturday, the preceding Friday is the officially observed holiday; if a holiday falls on a Sunday, the following Monday is the officially observed holiday. The Governor may designate, in a particular year, additional days on which state offices are to be closed in observance of a holiday or a holiday season.

Twelve month unclassified employees who are non-exempt under the Fair Labor Standards Act (FLSA) who work on a holiday receive compensatory holiday credit at the rate of time and one-half. Twelve month unclassified employees who are exempt under FLSA earn straight time for working on a holiday. EXAMPLE: the employee works two hours on a holiday - earns two hours compensatory holiday credit.

Exempt employees shall take holiday compensatory time only in either half- or full-day increments.

The Governor may designate a discretionary day for observance of a religious holiday or other special day. To be eligible for a discretionary holiday, an unclassified employee must be eligible for either the State of Kansas group health insurance program or the KPERS retirement plan and be employed by the State of Kansas for at least six continuous months. The purpose of the discretionary holiday is to give eligible employees a day for observance of a religious holiday or special occasion. Eligible twelve month unclassified employees appointed to a regular position of 1,000 hours or more are authorized a discretionary holiday with pay. Eligible unclassified employees shall receive hours equal to the number of hours the employee is regularly scheduled to work for a discretionary holiday. Example: an employee working half time would receive a four-hour discretionary holiday. The discretionary holiday must be taken during the pay periods specified by the Governor each calendar year. Also, an unclassified employee may not be paid for the discretionary holiday in lieu of taking time off. ALL HOURS OF THE DISCRETIONARY HOLIDAY MUST BE TAKEN ON THE SAME DAY AND MAY NOT BE TAKEN IN INCREMENTS.

Nine month unclassified employees are not eligible for the discretionary holiday.

A legal holiday occurring within the period of an unclassified employee's vacation or sick leave is not charged to accumulated vacation or sick leave credits.

If a legal holiday is preceded or followed by an officially observed holiday, each unclassified employee will receive holiday credit for only one of the two days. Each full-time unclassified employee who is required to work on both the legal holiday and the officially observed holiday shall receive holiday compensation for one of the two days. If the number of hours worked on the two day are not the same, the employee shall receive holiday compensation for the day on which the employee worked the greater number of hours.

An unclassified employee who is on leave without pay for any portion of the last working day before a holiday or for any portion of the first working day immediately following a holiday shall not receive holiday credit, unless the department head/director 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 unclassified employee whose last day at work, before separating employment from the University, is the day before a regularly scheduled holiday will not receive holiday credit for the holiday.

.080 Job Injury Leave - Unclassified Employees

Any unclassified employee who sustains a qualifying job injury, as determined by the Provost, is eligible for job injury leave. Qualifying job injury means an injury which (1) renders the employee unable to perform the employee's regular job duties; (2) arose out of and in the course of employment with the state; and, (3) was sustained as a result of a shooting, stabbing, or aggravated battery, as defined in Kansas statutes, by another against the employee; or additionally for law enforcement officers, was sustained while in fresh pursuit of a person or while operating under the provisions of Kansas statutes. Fresh pursuit means pursuit, without unnecessary delay, of a person who has committed a crime or who is reasonably suspected of having committed a crime.

Qualifying job injuries do not include injuries sustained as a result of the intentional actions of a co-worker.

Job injury leave will not exceed six months following the qualifying job injury. While an unclassified employee is on an approved job injury leave, the employing department will continue to pay the employee's regular compensation. If the employee is awarded workers' compensation, the employing department is to pay the employee compensation in an amount which, together with the workers' compensation pay, equals the regular salary of the employee. The employee is not required to use accrued sick or vacation leave. The employee continues to accrue sick and vacation leave as long as the employee remains in pay status. Nothing herein is to be construed as providing voluntary or gratuitous compensation payments in addition to temporary total disability compensation payments pursuant to the workers' compensation laws.

The Provost may require an unclassified employee on approved job injury leave to return to full or limited duty if the employee is physically able to perform the duty as determined by a physician selected by the appointing authority or selected by a representative of the state self-insurance fund. However, any limited duty allowed shall not, in combination with time away from work on job injury leave, exceed the total six months allowed for job injury leave. If the employee remains unable to return to full duty, the appointing authority shall take such action as deemed to be in the best interest of the state.

When an unclassified employee is on approved job injury leave, the appropriate dean or department head may require the employee to be examined by a physician, selected by the Provost, to determine the capability of the employee to return to full or limited duty.

Unclassified employees on approved job injury leave are prohibited from being gainfully employed by any other employer.

.090 Jury Duty - Unclassified Employees

A faculty position does not excuse an unclassified employee from jury duty. The University encourages faculty members to serve on juries. A faculty member may be excused by the court.

Each unclassified 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 Commission on Civil Rights, 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, vacation leave, compensatory leave, holiday compensatory leave, discretionary day or leave without pay are to be used. The length of time for jury duty will be determined by the department head/director, 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 heads/directors may require documentation to support this determination.

Each unclassified employee granted such leave who receives pay or fees for a required appearance, excluding jury duty, shall turn over to the State of Kansas the pay or fees in excess of $50.00. 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 shall turn over to the State of Kansas any mileage expense payments received.

.100 Leave Without Pay (LWOP) - Unclassified Employees

Any authorized leave from University duties for purposes not directly a part of the University program and during which period the faculty member does not receive University compensation constitutes a leave without pay. Such leave requires the approval of the department head, dean, and provost, and presupposes values in the leave related to the faculty member's subsequent service to the institution. These reasons may be professional growth, significant public service, or in justifiable cases, health or other personal reasons. Leave without pay for non-faculty unclassified employees must be approved by the department head and appropriate Vice President or Provost.

Faculty who hold term nine-month appointments who are not appointed for the summer, and have a contract for the following academic year may be placed on voluntary leave without pay for the summer (June, July and August) months.

A leave without pay for up to three years may be granted by the President, Kansas State University when such is judged to be in the best interest of the institution.

Any extension of a leave without pay beyond the three years requires the approval of the Board of Regents. Documentation of extraordinary circumstances, furnished by the President, Kansas State University, is required to be submitted for the Board of Regents review.

Leave without pay will not be regarded as a break in service; however, such leave will not count toward the earning of sabbatical leave nor will other than a scholarly leave count toward the tenure probationary period. Scholarly leave will count toward the tenure probationary period unless the employee and the institution agree in writing to the contrary at the time the leave is granted.

To qualify for leave without pay, an unclassified employee must appear on a budget line in the budget; or, if employed after the budget is prepared, must be listed in the annual budget when it is prepared for the following academic year. This must be indicated at the time of the original appointment. Individuals not listed in the regular budget when first appointed and who are not to be included in the next printed budget are considered to be employed on a term basis and are eligible for voluntary leave without pay. Faculty who have regular nine-month appointments and who are not appointed for summer school or other summer appointment are placed on involuntary leave without pay for the months of June, July and August.

A signed Memorandum of Agreement (Word 97-2003) form is required for faculty who seek leave without pay. A signed copy of this form must be forwarded by the department head to the Division of Human Resources; a duplicate copy is given to the faculty member and the dean of the college. When requesting leave without pay for more than 30 calendar days, a Change or Separation Form (PER-39)(PDF) is to be completed. Leave without pay for 30 calendar days or less is reported to the Division of Human Resources, Payroll and Employee Data Section. (See Chapter 4460, Personnel Appointments, Changes and Separations, for additional information.)

Employees who are awarded Workers' Compensation pay may submit a written request to the Division of Human Resources asking to not use accumulated leave credits to pay the difference between their regular pay and the Workers' Compensation pay.

For information regarding group health insurance coverage while on leave without pay, see PPM Chapter 4820, Insurance for Employees.

.110 Military Leave for Kansas or State National Guard - Unclassified Employees

Effective October 1, 2006:

Subject to the additional requirements and limitations of Title 38, U.S. Code, Chapter 43, each unclassified employee in a regular position, excluding an employee on a temporary appointment, who is a member of a reserve 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 within each 12-month period beginning October 1 and ending September 30 of the following year. This provision will not apply to any hours of military leave with pay for active duty used before October 1, 2006.

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.

Each employee in a regular position, excluding an employee on a temporary appointment, who is a member of a reserve component of the military reserve of the United States will be granted military leave without pay or, at the employee's request, vacation leave for the purpose of performing inactive duty.

A request for military leave is to be made with as much notice as possible under the circumstances of the order. A Change or Separation Form (PER-39)(PDF)is to be completed and forwarded to the Division of Human Resources accompanied by a copy of the appropriate military order or duty document. The Associate Vice President, Division of Human Resources, as the appointing authority, is to receive these documents before military leave is authorized. Military leave that is not requested as prescribed in this policy will not be approved unless the employee furnishes the Provost, with satisfactory evidence and which demonstrates that, due to extenuating circumstances, the military leave should be granted.

Each employee in a regular position, excluding an employee on a temporary appointment, will be granted military leave without pay or, at the employee's request, accrued vacation leave for the purpose of induction, entrance, or examination for entrance into a reserve component. Upon completion of the induction, entrance, or examination, the employee is to return to their regular state employment.

Upon each employee's release from a period of active or inactive duty or upon discharge from hospitalization for or convalescence from an illness or injury incurred in or aggravated during the military duty each employee will be permitted, if qualified, to return to a position with status and pay similar to what the employee would have had if the employee had not been absent for those military purposes. If the employee is not qualified to perform the duties of the position by reason 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 unclassified employee shall report for work as follows:

Period of DutyReturn to Work Following Release From Duty
1-30 daysFirst full, regularly scheduled day after release
31-180 daysWithin 14 days of release
181+ daysWithin 90 days of release

These time 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 practicable, the employee shall inform their department head of any change in the date on which the employee is anticipated to return to work. The department head is to keep the Associate Vice President, Division of Human Resources, advised of these circumstances. The department head may request documentation from the employee's commanding officer or the employee's licensed health or mental health care provider of the date on which the employee is released from military duty and of the reasons the employee will not be able to return to work following the employee's release from military duty.

Military leave is 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 active military duty when military leave without pay has been granted.

For purposes of this policy, any reference to the military reserve of the United States is considered to include members of the national guard.

.120 Military Leave for Kansas or State National Guard- Unclassified Employees

Each unclassified employee in a regular position, excluding an employee on a temporary appointment, 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 duty performed. The employee is to provide a copy of the appropriate state military order.

Each unclassified 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.

.130 Sabbatical Leave - Unclassified Employees

Requests for sabbatical leaves and subsequent changes are submitted to the Provost. 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 of higher education, may, at the convenience of the institution and upon the approval of the President, KSU be granted not to exceed one such leave of absence for each period of regular employment for the purpose of pursuing advanced study, conducting research studies, or securing appropriate industrial or professional experience; such leave shall not be granted for a period of less than one semester nor for a period of more than one year, with reimbursement being made according to the following schedule:

  1. for nine-month faculty members, up to half pay for an academic year, or up to full pay for one semester.
  2. for twelve-month faculty members, up to half pay for eleven months, or up to full pay for five months.

Regular salary is defined as the salary being paid at the time the sabbatical leave begins. 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.

The number of faculty members to whom leave of absence with sabbatical pay is granted in any fiscal year shall not exceed four percent of the number of equivalent full-time faculty with rank of instructor or higher, or equivalent rank at KSU for the fiscal year for which the leave of absence is granted.

No faculty member will be granted leave of absence with sabbatical pay who does not agree to return to the service of the University for a period of at least one year (9 or 12 months depending on annual term of employment) immediately following the expiration of the period of leave.

Persons failing to return to KSU shall 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) shall refund that portion of their sabbatical pay as represented by the portion of the one year they fail to serve.

Faculty members applying for a sabbatical leave must make formal application not later than November 1 of the year preceding that for which leave is requested. Leaves will be considered on the basis of comparative merit, with preference given to sabbatical leave requests for a full year at one-half pay.

The Division of Human Resources will notify the department administrator, dean, provost, and controller in writing concerning faculty members who are leaving Kansas State University prior to completion of their one-year period of obligation. The Division of Human Resources will determine the duration of service performed after return from sabbatical leave, (summer school teaching is not credited toward completion of the 9-month, one-academic-year service requirement), calculate the amount to be repaid by the faculty member based on a standard formula, and notify the Controller's Office. The faculty member and the Controller's Office will establish a mutually agreed-upon repayment schedule whereupon payments will be remitted to Kansas State University.

.140 Shared Leave - Unclassified Employees

The Shared Leave Program is a means for unclassified employees to transfer sick leave to another qualifying unclassified or classified employee experiencing a serious, extreme or life-threatening illness, injury, impairment or physical or mental condition either personally or by a family member which has caused, or is likely to cause, the employee to take leave without pay or terminate employment, and keeps the employee from performing regular work duties. For purposes of this program only, a "family member" means persons related to the employee by blood, marriage or adoption; and minors 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.

Common illnesses, minor injuries or routine surgery that are not serious or life-threatening are excluded. 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.

Shared leave is meant to cover only the duration of the current serious, extreme or life-threatening illness, injury or condition for which it was collected. The maximum number of hours of shared leave that may be used by an employee is the total hours that the employee would regularly be scheduled to work during a six-month period. Employees are to use shared leave in accordance with their regular work schedules.

Shared leave may be applied retroactively for a maximum of two pay periods proceeding the date the employee signed the Shared Leave Request Form(PDF).

No employee is eligible to use shared leave after approval for long term disability benefits under the Kansas Public Employees Retirement System.

Shared Leave is paid at the receiving employee's rate of pay by the receiving employee's department. An employee in shared leave status shall be treated the same as an active employee. The receiving employee is considered on paid leave and will continue to receive benefits, as appropriate. An employee will continue to accrue leave at the regular rate while on shared leave. The employee's accrued annual and sick leave balance must be deducted each pay period before shared leave credit is used.

Receiving shared leave will not change the employee's family status for the KanElect Flexible Compensation Program. In the event an employee is placed on leave without pay status during movement to or from shared leave status or active status, all regulations and benefits guidelines applicable to movement to or from active status and leave without pay status shall apply.

An employee who currently is receiving workers' compensation for the illness, injury, impairment, or physical or mental condition that is the basis for the shared leave request or has submitted an application to the division of workers' compensation for this illness, injury, impairment, or condition shall not be eligible to receive shared leave. This includes receiving any workers' compensation benefits (e.g. monetary compensation, authorized medical treatment, or a pending settlement decision from the State Self-Insurance Fund), or long-term disability, or both.

Unclassified employees who accumulate sick leave are eligible to receive or donate shared leave after six months of continuous service with the State of Kansas. Continuous service means all time spent as a state employee, regardless of leave or pay status.

Requests for shared leave must be made in writing on a Shared Leave Request Form(PDF), and submitted through the employee's department to theDivision of Human Resources. The Associate Vice President, Division of Human Resources or the Shared Leave Review Committee may require a licensed health care provider statement or other medical evidence necessary to establish that the illness, injury or condition is of a serious, extreme or life-threatening nature and keeps the employee from performing regular work duties. If the shared leave is due to a serious, extreme, or life-threatening illness, injury or condition of a family member, the Associate Vice President, Division of Human Resources or the Shared Leave Review Committee may also require the employee to provide evidence that the family member's illness, injury or condition keeps the employee from performing regular work duties. Shared Leave requests that fail to provide required medical evidence shall be denied. This includes requests for updated medical evidence.

The Division of Human Resources' staff is responsible to:

  1. determine if the employee has exhausted all forms of paid leave;
  2. certify that the employee has at least six months of continuous state service, defined as all time spent as a state employee, regardless of leave or pay status;
  3. determine if the employee has a satisfactory attendance record;
  4. determine if the relationship meets the requirements set forth in K.A.R. 1-9-5, if the request is for a family member; and
  5. forward the Shared Leave Request Form(PDF), along with any supporting documentation, to the Shared Leave Review Committee if the employee meets all of these conditions.

Shared Leave Review Committee -The Shared Leave Review Committee will be activated by the Director, Office of Academic Personnel only after verification that the employee is eligible to receive shared leave.

The committee must review the case in as timely a manner as possible. The committee does not have to meet in person; conference calls are acceptable. Committee decisions must always involve all members and a consensus must be reached for a recommendation on shared leave requests.

The Shared Leave Review Committee will consist of three members:

  1. a designated member of the Division of Human Resources;
  2. a designed member of theKSU Faculty Senate; and
  3. the Director, Office of Academic Personnel.

The Shared Leave Review Committee's only responsibility is to determine whether or not the illness, injury or condition meets the definitions contained in Kansas Administrative Regulation 1-9-23.

The Provost or appropriate Vice President will either approve or deny the request. All or a portion of the requested leave may be granted.

If the illness, injury or condition of the employee or the employee's family member improves so that the employee is no longer prevented from performing regular work duties or the recipient terminated employment or retires, any unused portion of the shared leave will be prorated back to the donors based on the original amount and type of leave donated in not less than full-hour increments.

The employee will no longer be eligible to receive shared leave if the employee returns to work and works the employee's regular work schedule for at least 20 continuous working days.

Denial of shared leave is not a determination that a situation is not a personal emergency. It should not prohibit other possible solutions such as leave without pay. The decision to approve or deny the application for shared leave or any other determination regarding the extension or termination of shared leave is final and not subject to appeal.

Notification of the need for shared leave will only be made following final approval of the request for shared leave by the Provost or appropriate Vice President.

The Division of Human Resources will communicate the need for shared leave donations using one or more of the following methods: contact with the employee's department, contact with other employees who have expressed an interest in donating leave, etc. In any case, confidentiality of the medical condition of the employee or family member will be maintained.

Donations must be made in writing on the Shared Leave Donation Form(PDF), available from the Division of Human Resources or from their Forms web site. The Shared Leave Donation Form must be approved and signed by the Associate Vice President, Division of Human Resources or designee. Donations may be made to a requesting employee only after that employee has received final approval for shared leave.

Classified and unclassified employees may donate to each other; however, there are some restrictions as indicated below:

  1. Unclassified employees may make donations to other unclassified employees or to classified employees from accrued sick leave only, in full-hour increments. Unclassified employees donating sick leave must have a sick leave balance of at least 480 hours after the donation is made, unless the employee donates sick leave at the time of separation from state service.
  2. Classified employees may make donations to other classified employees or to unclassified employees from accrued sick leave or vacation leave, in full-hour increments. Classified employees donating vacation leave must have a vacation leave balance of at least 80 hours after the donation is made, unless the classified employee donates vacation leave at the time of separation from state service. Classified employees donating sick leave must have a sick leave balance of at least 480 hours after the donation is made, unless the classified employee donates sick leave at the time of separation from state service.

Unclassified employees may make multiple donations during a particular approved occurrence as long as the leave balance level requirements are met. Each donation must be made on a new form and approved by the Associate Vice President, Division of Human Resources or designee. Donations may also be made to an employee in another state agency.

Donations to a requesting employee that go unused by the employee will be prorated back to the donors based on the amount and type of leave donated. Less than full-hours increments of shared leave will not be returned.

.150 Sick Leave - Unclassified Employees

Each unclassified employee, both salaried and hourly, excluding those on a temporary appointment, earns and accumulates sick leave upon employment. The maximum sick leave credit an employee may accrue in any pay period is 3.7 hours. The amount of sick leave hours earned each pay period and the increments in which sick leave may be used is determined as follows:

  1. Non-exempt unclassified employees accrue sick leave in accordance with the following table:

Table A
Sick Leave Earnings Schedule
Non-Exempt Unclassified Employees

Hours In Pay Status Per Pay PeriodHours Earned Per Pay Period
0-70.0
8-150.4
16-230.8
24-311.2
32-391.6
40-472.0
48-552.4
56-632.8
64-713.2
72-793.6
80**3.7

**--Maximum standard hours allowable under the Fair Labor Standards Act (FLSA).

Non-exempt unclassified employees are charged sick leave only for those times they normally work.

Non-exempt unclassified employees may use sick leave in increments of a quarter of an hour, if necessary.

Non-exempt unclassified employees are considered to be "in pay status" when actually working or when on any type of authorized leave, excluding leave without pay. Hours "in pay status" does include time off while receiving workers' compensation wage replacement for loss of work time (NOTE: Only actual hours worked are used in calculating overtime hours. See PPM Chapter 4220, Hours of Work, Overtime and Compensatory Time.

Exempt unclassified employees accrue sick leave in accordance with the following table:

Table B
Sick Leave Earnings Schedule
Exempt Unclassified Employees

Appointment FTEHours Earned Per Pay Period
Less than .250.9
.25 - .491.9
.50 - .742.8
.75 - 1.03.7

Exempt unclassified employees are considered to be "in pay status" except for the following periods of time:

  1. full days of leave without pay;
  2. full workweeks of leave without pay due to a suspension; or
  3. one or more full days of leave without pay due to a suspension imposed in good faith for violation of workplace conduct rules or for an infraction of a safety rule of major significance.

Hours "in pay status" does include time off while receiving workers' compensation wage replace for loss of work time (NOTE: Only actual hours worked are used in calculating overtime hours. See PPM Chapter 4220, Hours of Work, Overtime and Compensatory Time.)

Sick leave usage by exempt unclassified employees, including part-time exempt unclassified employees, is administered as follows:

  1. sick leave is used in either half-day of full-day increments.
  2. Time away from work for less than half of a day will not be accumulated over multiple days to total a half-day or full-day increment of sick leave. However, time away form work of less than half of a day may be accumulated in the same day to total a half-day increment.
  3. a supervisor may deny the request of an exempt unclassified employee for time away from work of less than half of a day or may require the employee to use half of a day or a full day of sick leave if the employee has abused the use of leave in less than half-day or full-day increments or if other similar circumstances exist.

There is no limit to the amount of sick leave which may be accumulated.

Sick leave hours earned by an unclassified employee during a biweekly pay period is credited to the employee, and available for use, on the first day of the following biweekly pay period.

Unclassified employees on sabbatical leave earn sick leave in proportion to their pay status during the sabbatical leave.

Unclassified employees do not earn sick leave while on leave without pay.

Nine month unclassified employees earn sick leave for the months of June, July and/or August only if they receive an appointment covering pay periods during these months.

Graduate student employees do not earn sick leave.

Sick leave may be granted only for the following reasons:

  1. illness or disability of the employee, including pregnancy, childbirth, miscarriage, abortion and recovery therefrom and personal appointments with a physician, dentist or other recognized health practitioner; or
  2. illness or disability, including pregnancy, childbirth, miscarriage, abortion, and recovery therefrom, of a family member, and a family member's personal appointments with a physician, dentist or other recognized health practitioner, when the illness, disability or appointment reasonably requires the employee to be absent from work. Employee's family members includes: (a) persons related to the employee by blood, marriage, or adoption; and (b) minors 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; or
  3. legal quarantine of the employee; or
  4. the adoption of a child by an employee or initial placement of a foster child in the home of an employee, when the adoption or initial placement reasonably requires the employee to be absent from work.

To request sick leave, an unclassified employee is to submit a Faculty Leave Report to their immediate supervisor and have the leave approved prior to the requested date, if possible.

The department head/director may request a physician's medical certificate for temporary disability before sick leave is approved. Sick leave resulting from pregnancy must be treated in the same manner as any other temporary disability, and a physician's certificate will not be required unless it is required for other types of disabilities.

The department head/director may request a written release by a physician before an employee who has been on sick leave is allowed to return to work.

If the department head/director has evidence that an employee cannot perform his or her duties because of illness or disability, and if the employee has accumulated sick leave and refuses or fails to apply for sick leave, the department head/director may require the employee to use sick leave. Upon exhaustion of the employee's sick leave, the department head/director may require use of any accumulated vacation leave credits. If the employee has exhausted all accumulated sick and vacation leave credits, the department head/director may request that the Provost grant leave without pay.

If an unclassified employee or a member of the employee's family as specified above becomes ill while the employee is taking vacation leave and is deprived of all or a significant portion of the vacation due to the illness, the department head/director, upon request of the employee, may charge to sick leave some or all of the time the employee or family member was ill while on vacation.

Unclassified employees who are injured on the job and awarded workers' compensation may be granted use of accumulated leave, upon the employee's request. The compensation for accumulated leave used each pay period will be that amount which, together with workers' compensation pay, equals the regular salary for the employee. Unless the employee requests otherwise, vacation leave credits and compensatory time credits will be used only after sick leave credits have been exhausted. If the employee has accumulated the maximum vacation leave credits and will lose credited leave if it is not used, the employee may request the use of vacation leave at the appropriate rate instead of using accumulated sick leave.

Workers' compensation days credited back to the employee will be in no less than one-quarter hour increments. If accumulated leave is exhausted, the employee may request that the Provost grant leave without pay.

No unclassified employee may earn credit for sick leave after his or her resignation date or date of other type of separation from employment. A former unclassified employee who had unused sick leave at the time of separation, and who returns to a regular position within one year, will have the unused sick leave returned to the employee's credit. This provision does not apply to a person who has retired from state service.

Any state unclassified employee who, at the time they terminate employment from Kansas State University, is retirement eligible and accumulated 800 hours or more of sick leave shall receive compensation for accumulated sick leave as follows:

  1. compensation for 30 working days, if such person has completed 8 or more years of service and has accumulated at least 800 hours of sick leave;
  2. compensation for 45 working days, if such person has completed 15 or more years of service and has accumulated at least 1000 hours of sick leave; or
  3. compensation for 60 working days, if such person has completed 25 or more years of service and has accumulated at least 1200 hours of sick leave.

Payment is made based upon the employee's salaried or hourly rate of pay at the time of retirement.

.160 Vacation Leave - Unclassified Employees

Effective September 21, 2006, the following exempt and non-exempt unclassified employees, excluding those on a temporary appointment, earn and accumulate vacation leave:

  1. employees appointed to a regular full-time, twelve month unclassified position;
  2. employees appointed to a regular full-time, less than twelve month unclassified, non-instructional position;
  3. employees appointed to a less than full-time, twelve month position; and
  4. employees appointed to a less than full-time, less than twelve month, non-instructional position.

The maximum vacation leave credits earned each pay period are shown in the following tables:

  1. Non-exempt unclassified employees accrue vacation leave in accordance with the following table:

Table C
Vacation Leave Earnings Schedule
Non-Exempt Unclassified Employees

Hours In Pay Status Per Pay PeriodHours Earned Per Pay Period
0-90.0
10-191.0
20-292.0
30-393.0
40-494.0
50-595.0
60-696.0
70-797.0
80**8.0

**--Maximum standard hours allowable under the Fair Labor Standards Act (FLSA).

Non-exempt unclassified employees are charged vacation leave only for those times they normally work.

Non-exempt unclassified employees may use vacation leave in increments of a quarter of an hour, if necessary.

Non-exempt unclassified employees are considered to be "in pay status" when actually working or when on any type of authorized leave, excluding sabbatical leave or leave without pay. Hours "in pay status" does include time off while receiving workers' compensation wage replacement for loss of work time (NOTE: Only actual hours worked are used in calculating overtime hours. See PPM Chapter 4220, Hours of Work, Overtime and Compensatory Time.

Exempt unclassified employees accrue vacation leave in accordance with the following table:

Table D
Vacation Leave Earnings Schedule
Exempt Unclassified Employees

Appointment FTEHours Earned Per Pay Period
Less than .252.0
.25 - .494.0
.50 - .746.0
.75 - 1.08.0

Exempt unclassified employees are considered to be "in pay status" except for the following periods of time:

  1. full days of leave without pay;
  2. full workweeks of leave without pay due to a suspension;
  3. one or more full days of leave without pay due to a suspension imposed in good faith for violation of workplace conduct rules or for an infraction of a safety rule of major significance; or
  4. sabbatical leave.

Hours "in pay status" does include time off while receiving workers' compensation wage replacement for loss of work time (NOTE: Only actual hours worked are used in calculating overtime hours. See PPM Chapter 4220, Hours of Work, Overtime and Compensatory Time.)

Vacation leave usage by exempt employees, including part-time exempt unclassified employees, is administered as follows:

  1. vacation leave is used in either half-day or full-day increments.
  2. time away from work for less than half of a day will not be accumulated over multiple days to total a half-day or full-day increment of vacation leave. However, time away from work of less than half of a day may be accumulated in the same day to total a half-day increment.
  3. a supervisor may deny the request of an exempt unclassified employee for time away from work of less than half of a day or may require the employee to use half of a day or a full day of vacation leave if the employee has abused the use of leave in less than half-day or full-day increments or if other similar circumstances exist.

Unclassified employees earn vacation leave for only the first two pay periods in each month. Unclassified employees appointed to positions eligible to earn vacation leave will not accumulate more than twenty-two days (176 hours) of vacation leave per fiscal year. The maximum accumulation an unclassified employee may have is thirty-eight days (304 hours). When this maximum accumulation is reached, the employee does not earn any more vacation leave until such time as the maximum accumulation is reduced.

An unclassified employee transferring from a position eligible to earn vacation leave to a less than twelve month faculty (instructional) position will be paid for their accumulated vacation leave up to twenty-two days (176 hours maximum).

Unclassified employees do not earn vacation leave while on sabbatical leave or leave without pay. Unclassified employees are not required to use accumulated vacation leave credits before going on sabbatical leave; however, they may not exceed the maximum accumulation limit.

Unclassified employees appointed on a nine month basis do not earn vacation leave. Their academic duties are closely related to the presence of students on campus. Student recesses offer the nine month faculty member an opportunity to engage in research and perform other necessary professional duties. In consideration of the professional nature of a faculty position, faculty are expected to fulfill appropriate, professional and departmental responsibility throughout the academic year, including student recesses, exclusive of legal holidays.

Graduate student employees do not earn vacation leave.

To request vacation leave, an unclassified employee is to complete a Faculty Leave Report and submit it to the immediate supervisor and have it approved prior to the requested date.

If an unclassified employee or a member of the employee's family becomes ill while the employee is taking vacation leave, and for all intents and purposes, the employee is deprived of all or a significant portion of the vacation due to the illness, the department head/director, upon a request from the employee, may charge to sick leave some or all of the time the employee or family member was ill during the vacation. For purposes of this section, illness includes any of the reasons for use of sick leave.

Each unclassified employee who resigns or is otherwise separated from employment (except death and those retirement eligible) is paid for accumulated vacation leave at the same time as he or she is paid for the last day of work. Upon separation, an unclassified employee is paid for earned vacation leave which has accrued during the final pay period. In no case will an unclassified employee be paid for any vacation leave in excess of the maximum accumulation of twenty two days (176 hours). Pay for vacation leave at separation is calculated on the employee's salaried or hourly rate of pay. No unclassified employee earns credit for vacation or holiday leave after his or her resignation date or date of other type of separation from employment. No unclassified employee may use accumulated vacation leave after his or her separation date except in the case of temporary disability.

Each unclassified employee who, at the time they terminate employment from Kansas State University is retirement eligible, is paid for earned vacation leave which has accrued during the final pay period. In no case will an unclassified employee be paid for more than thirty days (240 hours) of accumulated vacation leave. Pay for vacation leave is calculated on the employee's salaried or hourly rate of pay.

.170 Reporting Leave

Leave reporting in the KSU Human Resource Information System (HRIS) for all employees is accomplished through instructions provided by theDivision of Human Resources. These instructions are contained in various media, e.g. HRIS training sessions, HRIS newsletter, electronic mail, Internet (HR Home Page), etc.

For purposes under the Fair Labor Standards Act, each work week stands alone. An employee cannot work 44 hours one week and 36 hours the next week and report time in pay status as 40 hours in each week. Time worked and in pay status must be reported exactly. See PPM chapter 4220, Hours of Work, Overtime and Compensatory Time, for more information.

Departments are to keep records of the dates and duration of leave taken under FMLA entitlement and are responsible for providing written notice to the employee who is absent from work for a serious health condition (to include Workers' Compensation claims) that their time away from work counts towards their FMLA entitlement.

.180 Questions

Questions regarding leave accrual policies should be directed to the Division of Human Resources, Benefits Administration. Questions regarding leave reporting and accountability should be addressed to the Division of Human Resources, Payroll and Employee Data. Questions regarding overtime and compensatory overtime leave should be directed to the Division of Human Resources, Compensation and Classification.