Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
18A.030(2)(i),
18A.110(7)(I),
18A.155(1)(e)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
18A.030(2)(i),
KRS
18A.110(7)(i), and
18A.155(1)(e)
requires the Secretary of Personnel to promulgate administrative regulations
which govern development, operation, and enforcement of programs to improve the
work effectiveness of employees in the state service, including health,
welfare, counseling, and employee relations. This administrative regulation
establishes requirements relating to the Kentucky Employee Assistance Program
(KEAP).
Section 1. Establishment of
Kentucky Employee Assistance Program. The Personnel Cabinet shall establish and
administer the Kentucky Employee Assistance Program (KEAP) to coordinate
employee assistance programs that exist in state agencies and to supplement
them with additional services.
Section
2. Eligibility for Services.
(1)
An employee whose job performance is or may be adversely affected by personal
problems may initiate a request for confidential personal or family services
from the Kentucky Employee Assistance Program.
(2) An employee shall obtain a Kentucky
Employee Assistance Program service without discrimination or
reprisal.
(3) Participation of the
employee in the Kentucky Employee Assistance Program shall not preclude an
agency from taking disciplinary or a corrective action as needed in dealing
with job behavior or job performance problem.
Section 3. Referrals.
(1) A supervisor may extend to an employee an
offer of assistance through the Kentucky Employee Assistance Program if the
employee's job behavior or job performance is unacceptable or
deteriorating.
(2) An employee's
participation in services offered by the Kentucky Employee Assistance Program
shall be voluntary and confidential.
(3) An employee shall be allowed to contact
KEAP for assessment or referral on state time with the prior approval of the
supervisor.
(4) A supervisor may
direct the employee to provide written confirmation of participation from KEAP,
which shall provide confirmation upon the employee's written consent.
(5) An employee's participation in counseling
or treatment upon referral by the Kentucky Employee Assistance Program shall
take place on the employee's own time or while on leave.
(6) Employee involvement in the Kentucky
Employee Assistance Program shall remain confidential as permitted by state and
federal law, unless the employee authorizes release of specific information to
a specifically identified person.
(7) Kentucky Employee Assistance Program
services shall be free of charge to an employee and the employee's family for
information, assessment, or referral. The Commonwealth shall not be liable for
a counseling or treatment cost incurred, except as provided through health
benefits.
STATUTORY AUTHORITY:
KRS
18A.030(2)(I),
18A.110(7)(i),
18A.155(1)(e)