Employment Issues

• Classified / Unclassified Temporary Non–Benefits Eligible Positions

  These appointments are limited to not more than 999 hours of employment in a 12-month period. The 12-month period commences with the date of appointment. This type of appointment is not eligible for benefits such as paid holidays, leave accrual or group health insurance. Time worked also doesn’t count towards state length of service. Examples of  non-benefits eligible employees include those hired as students and interns. The State of Kansas is considered one employer; as such, students and interns that work for both the Regents (e.g. university) and KDA are subject to FLSA requirements as one employer — hours worked at KDA while simultaneously working as a teacher assistant may create FLSA issues for the Agency and adversely impact a student’s stipend or grant at the university. 

  The Agency makes a distinction between student workers and interns. Students are normally hired to facilitate the Agency’s ability to complete day-to-day operational tasks. Interns are hired to perform projects normally within the scope of their area of study. 

• Dismissal, Demotion or Suspension

  The dismissal, demotion or suspension of a classified employee with permanent status on the grounds of deficiencies in work performance or personal conduct detrimental to the state service shall be in accordance with the applicable state statutes. Corrective action may also be taken for violation of the Kansas Civil Service Act or violations regarding state employee benefits. Specific statutes and administrative regulations outline additional details regarding dismissal, demotion or suspension as well as relief from duty or change of duty for a classified employee with permanent status.

  Unclassified staff may also be subject to progressive discipline and corrective action for deficiencies in work performance or personal conduct detrimental to the state service. Unclassified staff do not have appeal rights for corrective action.    

• Furloughs

  If necessary, due to a shortage of funds, agencies can furlough some or all employees with the necessary approval. A furlough is leave without pay for a preset number of hours for each pay period covered by the furlough plan, and can be used as an alternative to layoffs. Benefits, length of service or pay increase eligibility dates are not affected by a furlough. Classified and unclassified staff may be furloughed. 

• Layoff / Reemployment

  In response to a shortage of work or funds or material changes in duties or organization, an agency may conduct a layoff action for classified employees or end the appointment of unclassified staff. Layoff actions only apply to classified staff and does not necessarily mean unemployment. Employees may be offered a transfer or demotion to another position rather than be separated from state service.
  
  Should the need arise, KDA is required to submit a layoff request to the Office of Personnel Services. This request identifies how layoffs will be processed, who can be affected, and bumping rights within classes and class series. If a layoff becomes necessary, the KDA Human Resources office computes a layoff score for each affected employee. Scores are computed by multiplying the average numeric value of the last five performance reviews times the total number of qualifying months in state service. The person with the lowest score will be laid off first.
  
  Each employee who may be affected by the layoff will be notified at least 30 days in advance of the proposed effective date of the layoff. The written notice will be delivered personally or sent by certified mail to the employee’s home address. A layoff conference with the affected employee will take place as soon as possible to explain to the employee about the layoff and answer any questions he or she may have.

• Performance Appraisal Appeals

  Classified employees with permanent status who believe they have been unfairly rated may appeal their performance review within seven calendar days after being informed of the rating. Signing a review upon presentation by the supervisor does not prevent any eligible classified employee from appealing his or her rating.  Refusal to sign also does not impact the employee's appeal rights or the seven calendar day time period. Employees should contact the Human Resources office for procedural assistance appealing a performance appraisal rating. Human Resources will make all arrangements for an appeal hearing and will ensure that the employee receives fair and impartial treatment. The rating resulting from an appeal hearing is final and not subject to further appeal. Unclassified employees do not have evaluation appeal rights, but may include related comments or a rebuttal with the evaluation.  

• Performance Management Process (PMP)

  Classified and unclassified employees must receive a performance review from their supervisors. One of the first steps in the PMP is for your supervisor to provide you with a copy of your performance review form. The supervisor will provide you with Task Objectives, which is “what” you are responsible for, and Competencies/Behaviors, which is “how” you will achieve the task objectives. The two areas clarify the areas on which your job performance will be evaluated.
  
  A performance planning session is conducted at the beginning of your review period, then feedback sessions are conducted throughout the evaluation period which should be the calendar year. The minimum requirements for feedback sessions is mid-year and then annually (end of the calendar year). Each employee is required to receive an annual evaluation.  Each employee signs the form at the beginning of the review period to acknowledge that they are aware of their job and performance expectations. 
  
  At the completion of the review period, an overall rating is provided based upon the supervisor’s assessment of the employee’s job performance. The five levels of performance are Exceptional, Commendable, Satisfactory, Improvement Needed and Unsatisfactory. If you a classified employee, and you receive a rating that you are unsatisfied with, there are regulations in place that provide for an appeals process. Unclassified staff have no appeal rights but both classified and unclassified staff may include related comments or information with the evaluation. 
  
  During the evaluation period, the supervisor may initiate a special evaluation period to address specific identified deficiencies in performance. The supervisor should contact Human Resources before initiating a special evaluation. 

• Position Description / Job Title

  Based upon the duties and responsibilities established in your position description, your position has been classified into one of the state’s job classes. While a position is assigned to a job class, an employee may also have a working job title. All employees should have a copy of their position description. The position description should accurately describe a majority of your responsibilities. You and your supervisor should review your position description at least annually to be sure it is accurate and up to date. Most supervisors will find it appropriate to do this at the time of your annual performance appraisal.

• Probationary / Training Period

  Original hires to the classified service require a probationary period of at least six months before permanent status is granted. Unclassified staff may be subject to a training period, but at the end of the period, the employee does not attain permanent status. During this time, the employee’s supervisor will be observing the employee closely to determine their ability to perform the essential functions of their job and their ability to maintain harmonious work relationships with co-workers.

• Terminating Employment

  • Employees wishing to resign from their positions with the Kansas Department of Agriculture in good standing must submit a written letter of resignation (an email from their official KDA email address is acceptable) to their supervisor and copy the Human Resources office, at least two weeks prior to their last day of employment. This letter should include the effective date of the resignation and the reasons for leaving. Failure to provide two weeks notice may result in a record to the permanent personnel file documenting the insufficient notice, and other state agencies may consider that fact as grounds for refusal to employ the employee in the future.
    
    
  • In accordance with Kansas regulations an employee may only withdraw a resignation with the approval of the appointing authority. Also, in accordance with the Kansas regulations, an unauthorized absence from work for a period of five consecutive working days may also be considered a presumed resignation.
    
    
  • Any employee terminating employment with KDA for any reason is required to turn in their building key card, state credit card, state ID card, keys and any other miscellaneous KDA property on or before their last work day as a KDA employee.
    
    
  • For questions regarding Deferred Compensation, contact the KPERS 457 representative (Empower Retirement).
    
    
  • Health insurance will terminate on the last day of the month of employment. Covered employees who lose their group health insurance coverage due to voluntary termination or discharge (other than for the reason of gross misconduct) will be allowed to continue to self pay their group health insurance for 18 months under the State’s Cobra Coverage. 
    
    
  • Upon termination of employment, a member may convert the employer-provided group life insurance and, if applicable, optional group life insurance to an individual policy. The conversion must be made within 30 days of terminating employment or retirement, and does not require proof of insurability.
    
    
  • If you have a change of address after termination, please notify Accounts & Reports with the Kansas Department of Administration by the middle of December so that your W-2 will not be delayed or lost.The phone number to request W-2 replacements is 785-296-7059.

• Accessing & Updating Personnel Records

  You are one of the few people who have access to your personnel file. If you wish to review your file or photocopy any of your records, the HR staff or your supervisor can assist you. The State is considered one employer; as such, upon an employee's transfer to another state agency, the employee’s personnel file is transferred to the other state agency's human resources department upon departure from KDA. The personnel file for each employee is the property of the State of Kansas. Human Resources is required to keep an employee’s file for 50 years. Most employees face many changes in their personal lives during their career. Some may be as simple as a change of address or telephone number. Others may be more involved, such as birth, adoption, marriage or divorce. Always notify Human Resources of changes in your personal situation.

• Bulletin Boards

  You can find important information about the department and your employment posted on the bulletin board located in the first floor break room and also on the electronic HR bulletin board on the KDA Intranet located at HR Bulletins.

• Employee Information Changes

  Employees are responsible for notifying KDA Human Resources and their supervisor in writing of any changes in name, address, marital status, emergency contact information or any other pertinent information that could impact their ability to receive information, benefits, paychecks or other important messages from this office.

• Employee Organizations

  In 1972, the Kansas Public Employer-Employee Relations Act was passed by the Legislature to promote improvement of employer-employee relations in the public agencies of the state. This law recognizes the right of public employees to join or refrain from joining organizations which represent public employees, such as the Kansas Organization of State Employees (KOSE). You may contact the organization directly for more information.