Shared Leave State of Kansas Shared Leave Program
(For University Support Staff
& Unclassified Employees NOT in the KNEA Unit)

General Information

Under the State of Kansas shared leave program, an employee may be eligible to receive donations of leave when they or a family member experience a serious, extreme, or life-threatening illness, injury, impairment or physical or mental condition which:

• has caused, or is likely to cause, the employee to take leave without pay or terminate employment; and
• keeps the employee from performing his or her regular work duties.

It does not include common illness or minor injury that is not serious, extreme or life-threatening.

Family member, defined in K.A.R. 1-9-5(e)(2), is limited to 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.

Eligibility for Shared Leave

To be eligible for shared leave, university support staff and unclassified employees must:

• be appointed to a regular, benefits-eligible position; and
• have six (6) months continuous state service; and
• have satisfactory attendance record; and
• have exhausted all vacation and sick leave and compensatory time balances.
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Requesting Shared Leave

To request shared leave, you must complete a State of Kansas Shared Leave Request Form. The patient must give a Health Care Provider Statement to their health care provider for completion.  Return all completed forms to HRS.

The shared leave request is reviewed by the Shared Leave Review Committee. The committee sends its recommendation to the appropriate Vice President or Department Head (President's Division) for final approval or denial. The appropriate Vice President or Department Head (President's Division)'s action is not subject to appeal.

When an employee is approved for shared leave, the maximum duration of shared leave shall be six (6) months.  When the shared leave is granted due to the illness or injury of a family member, the maximum duration of the shared leave shall be six (6) months from the date the employee began using the shared leave.

Donating Shared Leave

When a request for shared leave is approved, Human Resource Services sends a notice to eligible donors. Eligible donors complete a State of Kansas Shared Leave Donation Form to donate leave.

University support staff and unclassified employees may donate sick leave if they have a sick leave balance of 480 hours after donating sick leave. University support staff employees may donate vacation leave if they have a vacation leave balance of 80 hours after donating vacation leave.

Employees who are separating from state service are exempt from the regulations minimum leave balance requirements. These donations can only be donated at the time of separation.

University support staff employees may donate sick leave and vacation leave to unclassified employees eligible for the State of Kansas Shared Leave Program. Unclassified employees eligible for the State of Kansas Shared Leave Program may donate sick leave to university support staff employees. University support staff and unclassified employees eligible for the State of Kansas Shared Leave Program may also donate to employees in other state agencies.

University support staff and unclassified employees eligible for the State of Kansas Shared Leave Program may not donate leave to, or receive donations of leave from, unclassified employees in the KNEA Shared Leave Program.

Other Shared Leave Provisions

• Shared leave may be applied retroactively for a maximum of two pay periods.
• Shared leave ends when the employee is no longer prevented from performing regular work duties, the employee retires, or the employee can no longer show evidence that the family member's illness, injury, impairment or physical or mental condition keeps the employee from performing regular work duties. The employee shall be determined to no longer be prevented from performing regular work duties when the physician states the employee is able to return to work or when the employee has returned to work for 20 continuous working days.
• Shared leave will be paid at the receiving employee's rate of pay.
• The receiving employee is considered on paid leave and will continue to receive benefits as appropriate.
• Unused donations will be returned to donors on a pro-rated basis.
• If an employee receives worker's compensation, long-term disability payments, or both, the employee is not eligible to receive shared leave.
• While using shared leave, the employee will continue to accrue leave at the regular rate which must be deducted each pay period before shared leave is used.
• Receiving shared leave will not change family status for KanElect. However, if an employee is placed on leave without pay status, all applicable regulations and benefits guidelines will apply.

Reporting Shared Leave Absences

Please refer to the appropriate GUS Cloud Job Aid "Entering Time Worked and Leave Taken" to report this type of leave.