Bourbon County discusses overhaul of vacation and sick‑leave rules to fix payroll audit errors and comply with state law

Bourbon County commissioners and staff spent a work session reviewing a proposed resolution that would revise full‑time employee vacation and sick‑leave policies to correct errors identified in a recent payroll audit and bring county practice into compliance with Kansas and federal wage laws.

"The purpose of this resolution is to restore employees' years of service for vacation and sick leave to their appropriate pre‑2026 levels, correcting errors identified during a personnel audit," the presenter said while reading the draft resolution. The proposal also cites compliance with the Kansas Wage Payment Act, the Fair Labor Standards Act and the Family and Medical Leave Act.

The draft calls for three main operational changes: a 90‑day introductory period during which new hires would not accrue vacation; accrual beginning on day 91 at a stated monthly rate (the presenter used 8 hours per month as an example); and a tiered front‑loading schedule once an employee reaches the next full fiscal year (examples discussed included 96 hours for the first full year, 120 hours for years two through nine, 160 hours for years 10–19 and 200 hours at year 20). New hires would receive a prorated allotment for the partial first year.

Commissioners and staff underscored that the county must budget for automatic payouts of earned, unused vacation at the fiscal‑year payroll that follows the accrual year. "If someone has 160 hours of vacation, we have to bank that in the budget to carry his 160 hours," one participant said, raising concerns that the change could inflate department budgets if employees do not take leave during the year.

Sick‑leave language drew particular attention. The original draft proposed 10 days (80 hours) front‑loaded annually; multiple participants urged retaining 12 days (96 hours) for employees who rely on the leave for medical appointments or family care. The presenter agreed to restore the 12‑day figure in the circulating draft.

The resolution also includes a grandfather clause: employees hired before Jan. 1, 2026, would retain existing PTO balances and those grandfathered sick balances would remain vested and be paid at the county's defined retirement (keepers) event. The presenter said disputed service calculations uncovered by the audit would be resolved in executive session under K.S.A. 75‑4319(b)(1) with the employee and HR present and any outcome documented in personnel records.

Participants compared Bourbon County's proposed schedule with neighboring counties and private employers, noting recruitment pressures for roles such as assistant county attorney. Several commissioners recommended using higher early‑career front‑loading (for example, 96 hours in the first full year rather than the 40 hours in an earlier version) to remain competitive.

No formal motion or vote occurred at the work session. The clerk and presenter agreed to incorporate the agreed language changes — the 90‑day probation phrasing, the 12‑day sick‑leave figure, clearer carryover/pay‑out dates ("use by 12/31" language for vacation) and the tiered front‑loading schedule — and circulate a revised draft for placement on the next regular meeting agenda for a formal vote at 7 p.m.

What happens next: the board will post and distribute the updated resolution language and the matter is expected to be scheduled for a formal vote at the next regular meeting; until then, the draft remains a proposal.