161.155 Definitions for section -- Salary, benefits, and leave for employee or teacher when victim of assault -- Sick leave for employee or teacher -- Sick leave bank -- Sick leave donation program --
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<![CDATA[161.155 Definitions for section -- Salary, benefits, and leave for employee or teacher when victim of assault -- Sick leave for employee or teacher -- Sick <br>leave bank -- Sick leave donation program -- Payment for unused sick leave <br>upon retirement or death. (1) As used in this section: (a) "Teacher" shall mean any person for whom certification is required as a basis of employment in the common schools of the state; (b) "Employee" shall mean any person, other than a teacher, employed in the public schools, whether on a full or part-time basis; (c) "Immediate family" shall mean the teacher's or employee's spouse, children including stepchildren and foster children, grandchildren, daughters-in-law <br>and sons-in law, brothers and sisters, parents and spouse's parents, and <br>grandparents and spouse's grandparents, without reference to the location or <br>residence of said relative, and any other blood relative who resides in the <br>teacher's or employee's home; (d) "Sick leave bank" shall mean an aggregation of sick leave days contributed by teachers or employees for use by teachers or employees who have exhausted <br>all sick leave and other available paid leave days; and (e) "Assault" shall mean an act that intentionally causes injury so significant that the victim is determined to be, by certification of a physician or surgeon duly <br>qualified under KRS Chapter 342, incapable of performing the duties of his or <br>her job. (2) Each district board of education shall allow to each teacher and full-time employee in its common school system not less than ten (10) days of sick leave during each <br>school year, without deduction of salary. Sick leave shall be granted to a teacher or <br>employee if he or she presents a personal affidavit or a certificate of a physician <br>stating that the teacher or employee was ill, that the teacher or employee was absent <br>for the purpose of attending to a member of his or her immediate family who was <br>ill, or for the purpose of mourning a member of his or her immediate family. The <br>ten (10) days of sick leave granted in this subsection may be taken by a teacher or <br>employee on any ten (10) days of the school year and shall be granted in addition to <br>accumulated sick leave days that have been credited to the teacher or employee <br>under the provisions of subsection (4) of this section. (3) A school district shall coordinate among the income and benefits from workers' compensation, temporary disability retirement, and district payroll and benefits so <br>that there is no loss of income or benefits to a teacher or employee for work time <br>lost because of an assault while performing the teacher's or employee's assigned <br>duties for a period of up to one (1) year after the assault. In the event a teacher or <br>employee suffers an assault while performing his or her assigned duties that results <br>in injuries that qualify the teacher or employee for workers' compensation benefits, <br>the district shall provide leave to the teacher or employee for up to one (1) year after <br>the assault with no loss of income or benefits under the following conditions: (a) The district shall pay the salary of the teacher or employee between the time of the assault and the time the teacher's or employee's workers' compensation <br>income benefits take effect, or the time the teacher or employee is certified to <br>return to work by a physician or surgeon duly qualified under KRS Chapter <br>342, whichever is sooner; (b) The district shall pay, for up to one (1) year from the time of the assault, the difference between the salary of the teacher or employee and any workers' <br>compensation income benefits received by the teacher or employee resulting <br>from the assault. Payments by the district shall include payments for <br>intermittent work time missed as a result of the assault during the one (1) year <br>period. If the teacher's or employee's workers' compensation income benefits <br>cease during the one (1) year period after the assault, the district shall also <br>cease to make payments under this paragraph; (c) The Commonwealth, through the Kentucky Department of Education, shall make the employer's health insurance contribution during the period that the <br>district makes payments under paragraphs (a) and (b) of this subsection; (d) The Commonwealth, through the Kentucky Department of Education, shall make the employer's contribution to the retirement system in which the <br>teacher or employee is a member during the period that the district makes <br>payments under paragraphs (a) and (b) of this subsection; and (e) Payments to a teacher or employee under paragraphs (a) and (b) of this subsection shall be coordinated with workers' compensation benefits under <br>KRS Chapter 342, disability retirement benefits for teachers under KRS <br>161.661 to 161.663, and disability retirement benefits for employees under <br>KRS 61.600 to 61.621 and 78.545 so that the teacher or employee receives <br>income equivalent to his or her full contracted salary, but in no event shall the <br>combined payments exceed one hundred percent (100%) of the teacher's or <br>employee's full contracted salary. (4) Days of sick leave not taken by an employee or a teacher during any school year shall accumulate without limitation and be credited to that employee or teacher. <br>Accumulated sick leave may be taken in any school year. Any district board of <br>education may, in its discretion, allow employees or teachers in its common school <br>system sick leave in excess of the number of days prescribed in this section and may <br>allow school district employees and teachers to use up to three (3) days' sick leave <br>per school year for emergency leave pursuant to KRS 161.152(3). Any accumulated <br>sick leave days credited to an employee or a teacher shall remain so credited in the <br>event he or she transfers his or her place of employment from one (1) school district <br>to another within the state or to the Kentucky Department of Education or transfers <br>from the Department of Education to a school district. (5) Accumulated days of sick leave shall be granted to a teacher or employee if, prior to the opening day of the school year, an affidavit or a certificate of a physician is <br>presented to the district board of education, stating that the teacher or employee is <br>unable to commence his or her duties on the opening day of the school year, but will be able to assume his or her duties within a period of time that the board determines <br>to be reasonable. (6) Any school teacher or employee may repurchase previously used sick leave days with the concurrence of the local school board by paying to the district an amount <br>equal to the total of all costs associated with the used sick leave. (7) A district board of education may adopt a plan for a sick leave bank. The plan may include limitations upon the number of days a teacher or employee may annually <br>contribute to the bank and limitations upon the number of days a teacher or <br>employee may annually draw from the bank. Only those teachers or employees who <br>contribute to the bank may draw upon the bank. Days contributed will be deducted <br>from the days available to the contributing teacher or employee. The sick leave bank <br>shall be administered in accordance with a policy adopted by the board of <br>education. (8) (a) A district board of education shall establish a sick leave donation program to permit teachers or employees to voluntarily contribute sick leave to teachers <br>or employees in the same school district who are in need of an extended <br>absence from school. A teacher or employee who has accrued more than <br>fifteen (15) days' sick leave may request the board of education to transfer a <br>designated amount of sick leave to another teacher or employee who is <br>authorized to receive the sick leave donated. A teacher or employee may not <br>request an amount of sick leave be donated that reduces his or her sick leave <br>balance to less than fifteen (15) days. (b) A teacher or employee may receive donations of sick leave if: 1. a. The teacher or employee or a member of his or her immediate <br>family suffers from a medically certified illness, injury, <br>impairment, or physical or mental condition that has caused or is <br>likely to cause the teacher or employee to be absent for at least ten <br>(10) days; or b. The teacher or employee suffers from a catastrophic loss to his or <br>her personal or real property, due to either a natural disaster or fire, <br>that either has caused or will likely cause the employee to be <br>absent for at least ten (10) consecutive working days; 2. The teacher's or employee's need for the absence and use of leave are <br>certified by a licensed physician for leave requested under subparagraph <br>1.a. of this subsection; 3. The teacher or employee has exhausted his or her accumulated sick <br>leave, personal leave, and any other leave granted by the school district; <br>and 4. The teacher or employee has complied with the school district's policies <br>governing the use of sick leave. (c) While a teacher or employee is on sick leave provided by this section, he or she shall be considered a school district employee, and his or her salary, <br>wages, and other employee benefits shall not be affected. (d) Any sick leave that remains unused, is not needed by a teacher or employee, and will not be needed in the future shall be returned to the teacher or <br>employee donating the sick leave. (e) The board of education shall adopt policies and procedures necessary to implement the sick leave donation program. (9) A teacher or employee may use up to thirty (30) days of sick leave following the birth or adoption of a child or children. Additional days may be used when the need <br>is verified by a physician's statement. (10) (a) After July 1, 1982, a district board of education may compensate, at the time of retirement or upon the death of a member in active contributing status at the <br>time of death who was eligible to retire by reason of service, an employee or a <br>teacher, or the estate of an employee or teacher, for each unused sick leave <br>day. The rate of compensation for each unused sick leave day shall be based <br>on a percentage of the daily salary rate calculated from the employee's or <br>teacher's last annual salary, not to exceed thirty percent (30%). Payment for <br>unused sick leave days shall be incorporated into the annual salary of the final <br>year of service for inclusion in the calculation of the employee's or teacher's <br>retirement allowance only at the time of his or her initial retirement; provided <br>that the member makes the regular retirement contribution for members on the <br>sick leave payment. The accumulation of these days includes unused sick <br>leave days held by the employee or teacher at the time of implementation of <br>the program. (b) For a teacher or employee who begins employment with a local school district on or after July 1, 2008, the maximum amount of unused sick leave days a <br>district board of education may recognize in calculating the payment of <br>compensation to the teacher or employee under this subsection shall not <br>exceed three hundred (300) days. (11) Any statute to the contrary notwithstanding, employees and teachers who transferred from the Department of Education to a school district, from a school <br>district to the Department of Education, or from one (1) school district to another <br>school district after July 15, 1981, shall receive credit for any unused sick leave to <br>which the employee or teacher was entitled on the date of transfer. This credit shall <br>be for the purposes set forth in subsection (10) of this section. (12) The death benefit provided in subsection (10) of this section may be cited as the Baughn Benefit. Effective: July 1, 2010 <br>History: Amended 2010 Ky. Acts ch. 164, sec. 2, effective July 1, 2010. -- Amended 2008 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 28, effective June 27, 2008. -- Amended <br>2006 Ky. Acts ch. 52, sec. 2, effective July 12, 2006. -- Amended 2004 Ky. Acts <br>ch. 145, sec. 1, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 138, sec. 1, <br>effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 137, sec. 1, effective July 14, <br>2000; ch. 381, sec. 1, effective July 14, 2000; ch. 390, sec. 1, effective July 14, 2000; <br>and ch. 485, sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 530, <br>sec. 1, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 147, sec. 1, effective <br>July 15, 1996; and ch. 309, sec. 1, effective July 15, 1996. -- Amended 1990 Ky. Acts ch. 483, sec. 4, effective July 13, 1990; and ch. 476, Pt. V, sec. 478, effective <br>July 13, 1990. -- Amended 1988 Ky. Acts ch. 363, sec. 20, effective July 1, 1988; <br>and ch. 375, sec. 1, effective July 15, 1988. -- Amended 1986 Ky. Acts ch. 54, sec. 1, <br>effective July 15, 1986; ch. 126, sec. 2, effective July 15, 1986; ch. 395, sec. 1, <br>effective July 15, 1986; and ch. 450, sec. 1, effective July 15, 1986. -- Amended <br>1982 Ky. Acts ch. 35, sec. 1, effective July 15, 1982; ch. 314 sec. 1, effective July <br>15, 1982; and ch. 326, sec. 1, effective July 1, 1982. -- Amended 1980 Ky. Acts <br>ch. 244, sec. 1, effective July 15, 1980. -- Amended 1976 Ky. Acts ch. 132, sec. 1; <br>and ch. 239, sec. 1. -- Amended 1974 Ky. Acts ch. 7, sec. 1; and ch. 274, sec. 1. -- <br>Amended 1970 Ky. Acts ch. 184, sec. 1. -- Amended 1968 Ky. Acts ch. 27, sec. 1. -- <br>Amended 1962 Ky. Acts ch. 75, sec. 1. -- Created 1948 Ky. Acts ch. 88, sec. 1. Legislative Research Commission Note (7/13/90). The Act amending this section prevails over the repeal and reenactment in House Bill 940, Ky. Acts ch. 476, <br>pursuant to sec. 653(1) of Ky. Acts ch. 476. ]]>