FORT SCOTT, KS — The Bourbon County Commission held a work session Monday to refine a resolution revamping the county's vacation and sick leave policies, gathering feedback from department heads, elected officials and staff throughout the session.
The proposed changes aim to resolve discrepancies caused by a previous personnel audit, improve recruiting ability, and ensure the county remains in compliance with state law.
The resolution also represents a significant shift back toward a front-loaded benefit system while providing protections for long-term employees through a new grandfather clause.
Restoring Employee Service Years
A primary goal of the resolution is to correct errors identified during a recent personnel audit and the transition to a new payroll program. Commissioner David Beerbower said the purpose is to restore employees' years of service for vacation and sick leave to their appropriate pre-2026 levels.
Updated Vacation Tiers and Payouts
The commission also discussed a tiered vacation schedule based on years of service. Under the refined plan, new employees will undergo a 90-day introductory period with no leave accrual. Following that period, they will accrue eight hours per month for their first two years.
The agreed-upon tiers for front-loaded annual vacation include:
- Years 3–9: 120 hours
- Years 10–19: 160 hours
- Year 20 to Retirement: 200 hours
A key change eliminates vacation "banking" — employees can no longer roll over unused hours to the next year. Instead, any unused vacation at the end of the fiscal year is paid out automatically.
Beerbower said that by state law, the county cannot withhold earned vacation pay once the policy establishes it as compensation.
"Kansas Wage Act says that's prohibiting a wage," Beerbower said. "That's keeping wage away from an employee. Once we establish it, then it's considered a wage."
Budgetary Impact
County Clerk Susan Walker raised concerns about the fiscal impact, noting that automatic payouts for unused vacation time have not historically been budgeted for. While vacation taken during the year is covered by standard wages, she said a year-end payout creates an additional expense the county doesn't currently budget for.
"The only thing that is budgeted for is their actual annual wages based on 2,080 hours." Walker said.
Walker said there is no way to predict whether employees will use their vacation time or seek a payout, making accurate budgeting difficult.
"I think you'll see inflated numbers in your budget this year [the 2027 budget] if we go this route because there's no way for us to know if someone's going to take it or not take it," Walker said.
Beerbower emphasized that the system is intended for rest, not as a financial savings tool.
" The whole thing is to encourage you to take your vacation, not bank it," Beerbower said. "It’s not a savings account. It is for you to recharge and take time off and take care of personal matters that you normally can't take care of during work" .
Beerbower said that it is ultimately the responsibility of department heads to ensure their staff take time off.
Sick Leave and Retirement Incentives
Following employee feedback, the commission voted to keep the annual sick leave allotment at 12 days (96 hours), rather than the originally proposed 10 days, to remain competitive with neighboring counties.
The move was in part prompted by County Attorney James Crux, who raised concerns about the county's ability to compete with larger neighbors.
"I can't recruit people if our vacation and our benefits are so far below the average other counties," Crux said, citing the difficulty of filling assistant county attorney positions.
Commissioner Gregg Motley drew a parallel to his experience in banking, where officers received more generous leave than non-officers due to higher recruitment demands for those roles.
The resolution also allows unlimited sick leave carryover and provides a payout of sick leave balances upon retirement, as defined by the Kansas Public Employees Retirement System (KPERS) — a provision Beerbower described as a "thank you" to long-term employees.
Unlike previous policies that capped payouts at 25%, the new resolution would pay out the full balance at the employee's base rate upon qualifying retirement.
"In the resolution that I'm proposing, there is no cap," Beerbower said. "There is no limit for carryover. It's what you got is what you earn and that's what you get paid."
Protections for Current Employees
To address the transition, the resolution includes a grandfather clause for all employees hired before Jan. 1, 2026. Employees with existing leave balances that exceed the new limits will retain those hours, and anyone currently receiving a higher annual leave award than the new scale provides will continue receiving it until the new structure matches or exceeds it.
"You're not going to lose what you already got," Beerbower told employees during the session.
Concerns Over Policy Stability
Public Works employee Bobby Reed questioned whether the resolution would stick, citing "rumor mill" concerns that the board might "turn around and vote right back to square one." He noted that upcoming commissioner vacations would temporarily leave the board with only Motley, District 5 Commissioner Mika Milburn-Kee, and Commission Chairman Samuel Tran.
Tran responded by stating he had "no intention of reversing anything."
"This is what they voted. They've worked hard at it and let it go," Tran said, adding that while he might not agree with the resolution, he respected the democratic process. "For me personally, Bob, from me personally to you, I'm not doing anything".
Adoption of Resolution
The resolution was adopted in a 3-2 vote at the regular commission meeting immediately following the work session. Beerbower, Motley, and District 3 Commissioner Joe Allen voted in favor, while Tran and Milburn-Kee voted against. The increased PTO and vacation accrual policies will go into effect on January 1 2027.
