Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
156.160,
160.290,
160.291,
161.155
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
156.160 requires the Kentucky Board of
Education to promulgate administrative regulations establishing standards which
school districts shall meet in student, program, service, and operational
performance, including regulations for the protection of the physical welfare
and safety of public school children, as well as the pay of teachers during
absence because of sickness or quarantine.
KRS
156.070 provides the Kentucky Board of
Education with the management and control of the common schools and all
programs operated in those schools.
KRS
160.291 authorizes fringe benefit payments by
local boards of education which are deemed to be for services rendered for the
benefit of the common schools. This administrative regulation establishes paid
quarantine leave to employees in the event of quarantine due to infectious or
contagious disease exposure.
Section
1. Quarantine Leave.
(1) Each
district board of education shall adopt policies providing each eligible full
or part-time employee in the school district at least ten (10) days paid leave
per school year for quarantine due to exposure to a reportable infectious or
contagious disease under
902
KAR 2:020 or any other infectious or contagious
disease designated as reportable to a local health department or the Department
for Public Health by a valid order or administrative regulation of the local
health department serving the school district or the Department for Public
Health. This leave shall be in addition to any other leave provided by statute
or board policy.
(2) In order to be
eligible for leave under this section, the employee shall:
(a) Be ordered to quarantine by a licensed
treating physician, physician assistant, or advanced practice registered nurse,
the Department for Public Health, or a local health department due to exposure
to a reportable infectious or contagious disease under
902
KAR 2:020 or any other infectious or contagious
disease designated as reportable to a local health department or the Department
for Public Health by a valid order or administrative regulation of the local
health department serving the school district or the Department for Public
Health; and
(b) Have exhausted all
accumulated sick leave provided to the employee pursuant to
KRS
161.155 and local board of education
policies, or be ineligible to utilize accumulated sick leave provided to the
employee pursuant to
KRS
161.155 and local board of education
policies.
(3) A school
district shall require the employee to provide written documentation from the
entity ordering the employee to quarantine due to exposure to a reportable
infectious or contagious disease under
902
KAR 2:020 or any other infectious or contagious
disease designated as reportable to a local health department or the Department
for Public Health by a valid order or administrative regulation of the local
health department serving the school district or the Department for Public
Health.
(4) A school district, at
its discretion, may determine quarantine leave pursuant to this section is
unnecessary if an employee can fulfill his or her job duties remotely during
the quarantine period.
(5) Leave
granted pursuant to this section shall be on a day-by-day basis, as needed, and
shall not accumulate or carry over year-to-year, and shall not be transferrable
to any other classification of paid leave established by
KRS
161.155,
KRS
161.154, or local board of education
policy.
STATUTORY AUTHORITY:
KRS
156.070,
156.160
