101 KAR | Title 101 KAR — Personnel

Chapter 1 Personnel Board

101 KAR 1:325 Probationary periods {#sec-101-kar-1-325 omnilex-key=us-ky-regs-official--title-101--101 KAR 1:325}

Section 1. Initial Probationary Period.

(1) The initial probationary period shall be computed from the effective date of appointment to the corresponding date in the sixth or final month, depending upon the length of initial probationary period, except as established in KRS 18A.111.

(2) The following job classifications shall require an initial probationary period in excess of six (6) months:

(3) If the length of the initial probationary period for a job classification is changed, an employee serving an initial probationary period on the effective date of the change shall serve the shorter of the initial probationary periods. If an employee is appointed, the employee's appointing authority shall advise the employee of the period of his initial probation.

Section 2. Promotional Probationary Period.

(1) An employee who satisfactorily completes the promotional probationary period shall be granted status in the position to which he has been promoted. Unless an employee receives notice prior to the end of his promotional probationary period that he has failed to satisfactorily complete the promotional probationary period and that he is being reverted, the employee shall be deemed to have served satisfactorily and shall acquire status in the position to which he has been promoted.

(2) An employee who fails to satisfactorily complete a promotional probationary period shall be reverted to his former position or to a position in the same job classification as his former position. A written notification shall be sent to the employee to advise the employee of the effective date of reversion. A copy of the notice of reversion shall be forwarded to the Secretary of Personnel on the same date notice is delivered to the employee.

(3) Except as established in KRS 18A.111, the promotional probationary period shall be computed from the effective date of promotion to the corresponding date in the appropriate month following promotion as established in KRS 18A.005(27).

(4) The promotional probationary period shall be the same length as the initial probationary period for each job classification.

Section 3. Probationary Period Upon Reinstatement.

(1) An employee who is reinstated to a position in the classified service no later than twelve (12) months after the beginning of a break in the classified service shall be reinstated with status. This shall include an employee ordered reinstated pursuant to KRS 18A.111(3), unless the board rules otherwise.

(2) An employee who is reinstated to the classified service more than twelve (12) months after a break in service, except an employee ordered reinstated pursuant to KRS 18A.111(3), shall serve an initial probationary period.

History

RELATES TO: KRS 18A.005, 18A.0751(1)(e), (4)(e), 18A.111
STATUTORY AUTHORITY: KRS 18A.005, 18A.075(1), 18A.0751(1)(e), (4)(e)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.075(1) requires the Personnel Board to promulgate comprehensive administrative regulations consistent with the provisions of KRS 18A.005 to 18A.200. KRS 18A.0751(1)(e) requires the Personnel Board to promulgate comprehensive administrative regulations for the classified service governing probation. KRS 18A.0751(4)(e) authorizes the Personnel Board to promulgate administrative regulations to establish an initial probationary period in excess of six (6) months for specific job classifications. This administrative regulation establishes the requirements relating to probationary periods.
History: 101 KAR 001:325. 13 Ky.R. 393; eff. 9-4-1986; 899; eff. 12-2-1986; 1709; eff. 5-14-1987; 14 Ky.R. 831; eff. 12-11-1987; 15 Ky.R. 266; 950; eff. 9-14-1988; 1659; 2148; eff. 3-8-1989; 16 Ky.R. 372; eff. 10-11-89; 2439; eff. 7-12-1990; 17 Ky.R. 1114; eff. 11-14-1990; 2755; 3104; eff. 4-10-1991; 18 Ky.R. 82; eff. 9-6-1991; 19 Ky.R. 961; eff. 12-9-1992; 21 Ky.R. 1361; eff. 12-14-1994; 22 Ky.R. 1332; eff. 3-7-1996; 23 Ky.R. 3070; eff. 3-26-1997; 24 Ky.R. 1749; 2105; eff. 4-13-1998; 25 Ky.R. 398; eff. 10-12-1998; 26 Ky.R. 1021; 1402; eff. 1-18-2000; 28 Ky.R. 2242; eff. 6-14-2002; 29 Ky.R. 2116; 2446; eff. 4-11-2003; 31 Ky.R. 994; eff. 1-21-2005; 32 Ky.R. 1141; eff. 3-3-2006; 33 Ky.R. 1875; 2930; eff. 4-6-2007; 34 Ky.R. 2022; 2378; eff. 6-6-2008; 35 Ky.R. 1846; eff. 4-3-2009; 36 Ky.R.1961; eff. 5-7-2010; 37 Ky.R. 2666; eff. 7-21-2011; 40 Ky.R. 1813; 2252; eff. 5-2-2014; 41 Ky.R. 1839; 2067; eff. 5-1-2015; 42 Ky.R. 1582; eff. 2-5-2016; 43 Ky.R. 1001; 3-3-2017; 44 Ky.R. 1374, 1809; eff. 3-9-2018; 44 Ky.R. 2542; eff. 8-31-2018; 46 Ky.R. 2290; eff. 9-1-2020; 48 Ky.R. 1825; eff. 5-31-2022; 49 Ky.R.1337; eff. 5-30-2023; 50 Ky.R. 1736; eff. 7-30-2024; 51 Ky.R. 1703; eff. 9-2-2025.

101 KAR 1:335 Employee actions {#sec-101-kar-1-335 omnilex-key=us-ky-regs-official--title-101--101 KAR 1:335}

Section 1. Work Station.

(1) The street address of the primary work station assigned by the appointing authority shall be an employee's official work station.

(2) Except as provided by Sections 2, 3, and 4 of this administrative regulation, an appointing authority may assign an employee to work at a site other than his or her current work station if the:

(a) Site is within the employee's county of employment; and

(b) Assignment is not a transfer, demotion, or reinstatement.

Section 2. Demotion.

(1) A demotion for cause shall be intra-agency.

(2) Voluntary demotion.

(a) A voluntary demotion shall be made if an employee with status requests a voluntary demotion on the Voluntary Transfer/ Demotion/ Promotion Employee Agreement Form incorporated by reference by the Personnel Cabinet in 101 KAR 2:034.

(b) The form shall include:

The effective date of the demotion;
The position from which the employee requests demotion;
The position to which the employee will be demoted;
The pay grade, salary, and work week for the position to which the employee will be demoted; and
A statement that the employee waives the right to appeal the demotion.

(3) A voluntary demotion shall be interagency or intra-agency.

Section 3. Transfers.

(1) The transfer of an employee with status shall conform to the requirements established in this section.

(2)

(a) A transfer shall be on a voluntary or involuntary basis.

(b) An appointing authority shall establish cause for selecting an employee for involuntary transfer.

(3) Involuntary transfer, same county.

(a) Prior to the effective date of an involuntary transfer to a position with a work station in the same county, an employee shall receive a written notice of involuntary transfer.

(b) The notice shall:

Indicate that the employee:

a. Has been selected for transfer; and

b. Is required to report to the new work station; and

State the:

a. New work station;

b. Reason for the transfer;

c. Effective date of the transfer; and

d. Right of the employee to appeal the transfer to the board within thirty (30) calendar days of receipt of the notice of involuntary transfer, excluding the date the notice is received.

(d) An employee shall report to the new work station upon the date stated in the notice.

(4) Involuntary transfer, out of county. If an involuntary transfer is to a position with a work station in a different county:

(a) An employee shall be entitled to travel expenses as provided by 200 KAR 2:006;

(b) An employee shall receive a written notice of involuntary transfer at least thirty (30) calendar days prior to the effective date of the transfer; and

The information established in subsection (3)(b) of this section; and
A statement that the employee is entitled to reimbursement of travel expenses incurred thirty (30) calendar days following the effective date of the transfer.

(5) An involuntary transfer shall be intra-agency.

(6) Voluntary transfer.

(a) Prior to a voluntary transfer, an employee with status shall request a voluntary transfer on the Voluntary Transfer/ Demotion/ Promotion Employee Agreement Form incorporated by reference by the Personnel Cabinet in 101 KAR 2:034.

(b) The form shall include:

The effective date of the transfer;
The position number and job classification from which the employee requests a transfer;
The position number and job classification to which the employee requests a transfer;
The pay grade, salary, and work week for the position to which the employee will be transferred; and
A statement that the employee waives the right to appeal the transfer.

(7) A voluntary transfer shall be interagency or intra-agency.

Section 4. Reinstatement.

(1) A request for reinstatement shall be submitted by the appointing authority to the Personnel Cabinet Secretary.

(2) The request shall include a finding that the candidate for reinstatement:

(a) Meets the current qualifications for the job classification to which the employee is being reinstated; and

(b) Has previously held status at that grade level or higher.

(3) If an employee previously held status in a job classification where a pay grade change subsequently occurred, the employee shall be deemed as having held status in the highest pay grade for that job classification.

(4) If the reinstatement is to a job classification outside of the job classification where the employee has previously held status, the candidate shall pass the appropriate examination, if applicable, prior to reinstatement.

(5) The request for reinstatement shall contain a copy of the board's order ordering reinstatement, if applicable.

Section 5. Written Reprimand.

(1) An employee or former employee may petition the Personnel Cabinet Secretary for removal of a written reprimand and all related documentation from the employee's official personnel file after a period of three (3) years from the date of the written reprimand.

(a) An employee's request shall not be granted if the employee has received any disciplinary action or written reprimand in the three (3) years prior to the request for removal.

(b) A petition for removal shall:

Be made by the employee and be dated and signed; and
Include:

a. The employee's current position number, job classification, agency, work phone number, and work address;

b. The employee's immediate supervisor at the time of the petition for removal;

c. The date the written reprimand was issued;

d. A statement by the employee that the employee has not received any disciplinary actions or written reprimands in the three (3) years prior to the petition; and

e. A statement that the information contained in the petition is correct and complete to the best of the employee's knowledge, and that the employee has provided notification of the petition to the employee's current appointing authority.

(c) The petition for removal shall be mailed by first-class mail, hand-delivered to the office of the Personnel Cabinet Secretary, or submitted electronically as permitted by the Personnel Cabinet Secretary.

(2) A petition for removal of a written reprimand shall be approved by the Personnel Cabinet Secretary before the reprimand removal.

(a) The Personnel Cabinet Secretary shall approve or deny the petition for removal within thirty (30) calendar days of receipt of the petition.

(b) If the petition is denied, the Personnel Cabinet Secretary shall notify the employee in writing and provide justification for denial. The decision by the secretary with respect to the petition shall be final and not appealable to the Personnel Board.

(c) If the petition is approved, the Personnel Cabinet Secretary shall notify the employee and the appointing authority of the employee's agency in writing of the approval.

(3) Upon removal from an employee's official personnel file maintained by the Personnel Cabinet, a written reprimand shall be handled as established in this subsection.

(a) The written reprimand shall be delivered to the Office of Legal Services and remain in the custody and care of the Office of Legal Services.

(b) The Office of Legal Services shall maintain the written reprimand as confidential work-product materials for the availability or use in any future legal proceeding.

(c) If no legal proceeding involving the employee's personnel file has been filed within five (5) years of receipt, the written reprimand shall be permanently destroyed.

(d) Upon removal from the official personnel file, but prior to destruction, a written reprimand shall not be considered as part of any personnel action.

(e) The employing agency shall be notified by the Personnel Cabinet of the removal of a written reprimand from an employee's official personnel file.

History

RELATES TO: KRS 18A.075(1), 18A.095
STATUTORY AUTHORITY: KRS 18A.075, 18A.0751(1), (4)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.075(1) requires the Personnel Board to promulgate comprehensive administrative regulations consistent with the provisions of KRS 18A.005 though 18A.200. KRS 18A.0751(1) and (4) require the Personnel Board to promulgate administrative regulations for the classified service governing demotion, transfer, reinstatement, and discipline. This administrative regulation establishes the method for determining an employee's work station, the requirements governing a demotion, transfer, or reinstatement of an employee, and requirements relating to written reprimands.
History: 15 Ky.R. 1715; Am. 2008; eff. 3-9-1989; 17 Ky.R. 95; eff. 9-12-1990; 19 Ky.R. 1633; 2234; eff. 4-7-1993; 20 Ky.R. 826; 1567; eff. 12-6-1993; 24 Ky.R. 1751; 2106; eff. 4-13-1998; 34 Ky.R. 2419; 35 Ky.R. 256; eff. 9-5-2008; 38 Ky.R. 809; 1115; eff. 1-6-2012; 48 Ky.R. 1220, 2190; eff. 5-3-2022; 50 Ky.R. 2253; 51 Ky.R. 495; eff. 12-3-2024.

101 KAR 1:345 Disciplinary actions {#sec-101-kar-1-345 omnilex-key=us-ky-regs-official--title-101--101 KAR 1:345}

Section 1. General Provision. Appointing authorities may discipline employees for lack of good behavior or the unsatisfactory performance of duties.

Section 2. Dismissal.

(1) The notice required by KRS 18A.095(6) and (7) may be combined if all requirements of this administrative regulation are satisfied.

(2) When the employee is notified, copies of the notice of intent to dismiss and the notice of dismissal shall be forwarded to the Personnel Cabinet Secretary.

Section 3. Demotion. When the employee is notified, copies of the notice of demotion shall be forwarded to the Personnel Cabinet Secretary.

Section 4. Suspension.

(1) A suspension shall not exceed thirty (30) working days.

(2) An employee on initial probation may also be suspended for a period not to exceed thirty (30) days and shall be entitled to the same provisions of notice contained in KRS 18A.095(8) with the exception of the right of appeal.

(3) When the employee is notified, copies of the notice of suspension shall be forwarded to the Personnel Cabinet Secretary.

History

RELATES TO: KRS 18A.020, 18A.075, 18A.0751, 18A.095
STATUTORY AUTHORITY: KRS 18A.075(1), 18A.0751
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.075 requires the Personnel Board to promulgate comprehensive administrative regulations consistent with the provisions of KRS 18A.005 to 18A.200. KRS 18A.0751 specifies that the Personnel Board promulgate comprehensive administrative regulations for the classified service governing dismissals, suspensions, fines, and other disciplinary measures. This administrative regulation establishes conditions for instituting disciplinary measures and the manner of notification.
History: 15 Ky.R. 1717; 2009; eff. 3-8-1989; 48 Ky.R. 1223, 2191; eff. 5-3-2022; 50 Ky.R. 2255; eff. 12-3-2024.

101 KAR 1:365 Appeal and hearing procedures {#sec-101-kar-1-365 omnilex-key=us-ky-regs-official--title-101--101 KAR 1:365}

Section 1. Definitions.

(1) "Because of sex" or "on the basis of sex" is defined by KRS 344.030(8).

(2) "Qualified individual with a disability" is defined by KRS 344.030(1).

(3) "Reasonable accommodation" is defined by KRS 344.030(6).

(4) "Religion" is defined by KRS 344.030(7).

(5) "Undue hardship" is defined by KRS 344.030(9).

Section 2. An appeal of an action alleged to be based on discrimination shall be governed by the terms defined in Section 1 of this administrative regulation.

Section 3. Filing.

(1) An appeal or a document relating to an appeal shall be filed with the Personnel Board through the office of the executive director within the time period established in KRS 18A.095.

(2)

(a) An appeal, motion, request, objection, exception, response, witness list, or other document may be filed by a party with the board by means of facsimile transmission or other electronic means including email.

(b) If a party transmits a document to the board by facsimile transmission or other electronic means, the party shall attempt to transmit the document to all parties by the same method.

(3) To be timely filed, a document transmitted by facsimile or other electronic means shall be received by the board within the statutory or regulatory times established for filing and be received by the board no later than midnight on the last day for filing.

(4) The submission of an original copy of a facsimile transmission or email shall not be required, unless requested.

(5) A state employee shall not use state time, equipment, materials, or personnel in pursuing an appeal without the advance written permission of an appointing authority in their employing agency.

(6) An appeal shall be heard in Franklin County, Kentucky.

Section 4. Designation of Hearing Officer.

(1) Unless otherwise directed by the board, the executive director shall assign a hearing officer or officers to an appeal.

(2) If more than one (1) hearing officer is assigned, one (1) shall be designated as chief hearing officer.

(3) If an appeal will be heard by the full board, the board shall designate a chief hearing officer.

Section 5. Continuances.

(1) A continuance of a scheduled hearing may be granted by a hearing officer for good cause.

(2) The hearing officer shall have discretion to require that a request for continuance:

(a) Be written;

(b) State the reason for the request;

(d) Be filed with the board.

(3) The hearing officer shall have discretion to require that any objection to a request for continuance:

(a) Be written;

(b) State the reason for the objection to the request for continuance; and

(4)

(a) At the direction of the hearing officer, the executive director may execute and transmit to all parties an interim order either granting or denying the request for continuance.

(b) If the request for continuance is granted, the interim order shall state the date on which the hearing has been rescheduled or that the hearing has been continued generally.

Section 6. Prehearing Procedures.

(1) A motion, request, or filing shall be in writing, filed with the board through the office of the executive director, and served on all parties.

(2) Unless an interim order provides for review by the board prior to the conclusion of a hearing, which shall only be granted at the sole discretion of the hearing officer, the board shall review an interim order when it considers the recommended order, record, and exceptions.

(3) If an employee retains counsel subsequent to filing an appeal, that attorney may be required to file a written entry of appearance.

(4) An employee shall notify all parties and the board in writing of a change of address.

(5)

(a) A Kentucky Personnel Board subpoena form shall be available in the office of the executive director and shall be issued by the executive director.

(b) Preparation and service of the subpoena and compliance with the subpoena shall be the responsibility of the party requesting the subpoena.

(6) A deposition may be taken in an extraordinary circumstance and upon authorization by the hearing officer. A request to take a deposition shall be filed at least fifteen (15) calendar days prior to the scheduled hearing. An objection to the request shall be filed prior to the scheduled hearing.

(7) At the discretion of the hearing officer, two (2) or more appeals that involve the same or similar facts may be consolidated. Upon motion of a party, or upon the hearing officer's own motion, the hearing officer may join other parties as necessary to appropriately consider the matter.

(8) An agreed settlement shall be submitted in writing for review by the Personnel Cabinet Secretary and final action by the board.

Section 7. Conduct of Hearing.

(1) Unless the appeal is heard by the full board, the hearing officer assigned shall hear the appeal.

(2) A party shall provide at least four (4) copies of an exhibit that is to be introduced as evidence. The parties may exchange documents through appropriate electronic means, including email. The hearing officer shall have the discretion to appropriately fashion the evidentiary record at all times.

Section 8. Board Review and Action.

(1) A response to a written exception to a recommended order may be filed by a party within fifteen (15) calendar days after the date the written exception is filed with the board. A response shall be:

(a) In writing; and

(b) Served on all parties.

(2) At the request of a party or on its own motion, the board may permit oral arguments before the full board. A request for oral argument shall be:

(a) In writing; and

(b) Filed with the board within fifteen (15) days of issuance of a recommended order.

(3) A final order shall be prepared, executed, and entered at the direction of the board by the secretary to the board.

Section 9. Incorporation by Reference.

(1) The following forms are incorporated by reference:

(a) "Kentucky Personnel Board Appeal Form", 6-29-2023"; and

(b) "Kentucky Personnel Board Subpoena Form", 2-90.

(2) These forms may be inspected, copied, or obtained at the office of the Personnel Board, 1025 Capital Center Drive, Suite 105, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. and the Web site of the Personnel Board, personnelboard.ky.gov.

History

RELATES TO: KRS Chapter 13B, 18A.075, 18A.0751, 18A.095, 344.030
STATUTORY AUTHORITY: KRS 13B.170, 18A.075, 18A.0751
NECESSITY, FUNCTION, AND CONFORMITY: KRS 13B.170 authorizes an agency to promulgate administrative regulations to carry out the provisions of KRS Chapter 13B and enact administrative hearing procedures. KRS 18A.075 requires the Personnel Board to promulgate comprehensive administrative regulations consistent with the provisions of KRS 18A.005 to 18A.200. KRS 18A.0751 requires the Personnel Board to promulgate comprehensive administrative regulations providing for the procedures to be utilized by the board in the conduct of hearings. This administrative regulation establishes Personnel Board hearing procedures.
History: 15 Ky.R. 1719; eff. 3-8-1989; 16 Ky.R. 2250; eff. 6-10-1990; 17 Ky.R. 2756; 4-10-1991; 19 Ky.R. 80; 866; eff. 10-8-1992; 21 Ky.R. 460; eff. 9-14-1994; 23 Ky.R. 2193; 2711; eff. 1-13-1997; 24 Ky.R. 387; 852; eff. 10-13-1997; TAm eff. 1-22-2018; 48 Ky.R. 1224, 2192; eff. 5-3-2022; 50 Ky.R. 411, 1049; eff. 1-30-2024.

101 KAR 1:367 Standards of conduct and technology governing recording board proceedings {#sec-101-kar-1-367 omnilex-key=us-ky-regs-official--title-101--101 KAR 1:367}

Section 1. Equipment, Personnel, and Location.

(1) The Personnel Board, its hearing officers, and staff may determine the appropriate and permissible:

(a) Equipment used for recording Personnel Board proceedings;

(b) Personnel allowed to record Personnel Board proceedings; and

(2) The Personnel Board, its hearing officers, and staff shall operate so as to ensure that the process of recording Personnel Board proceedings does not produce distracting sound or light, which would unduly disrupt the orderly conduct of those proceedings.[

Section 2. Movement During Proceedings. At the discretion of the board, recording equipment shall not be placed in or removed from the hearing room except prior to commencement or after adjournment of proceedings each day, or during a recess.

Section 3. Conferences of Counsel. To protect the attorney-client privilege and the effective right to counsel, there shall be no audio pickup or broadcast of conferences that occur in the hearing room between attorneys and their clients, between co-counsel of a client, or between counsel and the hearing officer held at the bench.

Section 4. Use of Media Material. Unless specifically allowed by the board, none of the recordings developed during or by virtue of coverage of a board proceeding shall be admissible as evidence in the proceeding out of which it arose, any proceeding subsequent or collateral thereto, or upon any rehearing or appeal of the proceedings.

Section 5. Confidentiality.

(1) In order to protect the legally recognized interests in confidentiality of individuals, any party may move to exclude electronic media or still photographers from the hearing room during all or any portion of a hearing.

(2) The hearing officer, on the hearing officer's own motion, may exclude electronic media or still photographers from the hearing room during all or a portion of a hearing.

Section 6. Applicability.

(1) This administrative regulation shall apply to all Personnel Board proceedings.

(2) If this administrative regulation is to be applied to a meeting of the full board, the discretion afforded the board as established in this administrative regulation shall be exercised by the chair or vice-chair of the board or, in the absence of the chair or vice-chair, the member of the board who is moderating the board meeting.

(3) If this administrative regulation is to be applied to any other Personnel Board proceeding, the discretion afforded the board as established in this administrative regulation shall be exercised by the hearing officer or member of Personnel Board staff.

History

RELATES TO: KRS 18A.075, 18A.0751, 18A.095
STATUTORY AUTHORITY: KRS Chapter 13A, 18A.0751
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.075 requires the Personnel Board to promulgate comprehensive administrative regulations consistent with the provisions of KRS 18A.005 through 18A.200. KRS 18A.0751 requires the Personnel Board to promulgate comprehensive administrative regulations provisions for the procedures to be utilized by the board in the conduct of hearings. This administrative regulation establishes provisions for recordings of Personnel Board proceedings.
History: 101 KAR 001:367. 16 Ky.R. 2285, 2648; eff. 6-10-1990; 48 Ky.R. 1226, 2193; eff. 5-3-2022.

101 KAR 1:375 Employee grievances and complaints {#sec-101-kar-1-375 omnilex-key=us-ky-regs-official--title-101--101 KAR 1:375}

Section 1. Definition. "Grievance" means a complaint filed by an employee that concerns some aspect of the employee's conditions of employment:

(1) Over which the cabinet or agency has control; and

(2) That has occurred, or of which the employee has become aware through the exercise of due diligence, within thirty (30) calendar days prior to filing.

Section 2. General Provisions.

(1) An employee in the classified service who believes that they have been subjected to unfair or unjust treatment concerning the employee's conditions of employment may file a grievance. A grievance shall be in accordance with this administrative regulation.

(2) A grievance concerning an action that is appealable directly to the board pursuant to KRS 18A.095 may also be filed with the cabinet or agency. The filing of a grievance with the cabinet or agency shall not:

(a) Prohibit the employee from also filing an appeal with the board; or

(b) Extend the statutory appeal period.

(3) An employee utilizing the procedure established in this administrative regulation shall be entitled to file a grievance without interference, coercion, discrimination, or reprisal.

(4) An appointing authority shall inform its employees of the provisions of this administrative regulation or any modifications in the levels of review that have been approved by the Personnel Board for the employee's cabinet or agency pursuant to Section 4(3) of this administrative regulation.

Section 3. Procedures.

(1) A grievance shall be filed on a Grievance Form with an employee's immediate supervisor within thirty (30) calendar days following occurrence or the employee becoming aware, through the exercise of due diligence, of the action that is the subject of the grievance. If the action or conduct of the first line supervisor is the basis of an employee's grievance, the grievance may be filed with the second line supervisor.

(2) An employee shall state in writing the basis of the employee's grievance or complaint together with the corrective action desired. If an employee wishes to submit additional information or documentation, the employee may attach it to the Grievance Form.

(3) If a grievance is filed that alleges discrimination on the basis of race, color, religion, national origin, sex, disability, or age forty (40) or over, the recipient of this grievance shall immediately notify the cabinet or agency EEO coordinator to comply with the affirmative action plan.

(4) Interviews to evaluate or investigate the grievance outside of normal work hours with the grievant or other employees shall entitle employee participants to compensatory time.

(5) Interviews to evaluate or investigate the grievance held with the grievant or other employees shall not require the use of leave time.

(6) Parties may have a representative present at each step of the grievance procedure.

Section 4. Grievance Levels.

(1) Except as provided by Section 3(1) of this administrative regulation, the immediate supervisor shall, upon investigation, issue findings and a decision in writing to the employee within ten (10) work days after receipt of the grievance. If the responding supervisor is unable to resolve the complaint to the satisfaction of the employee, the employee may request review of the grievance, which shall be requested within five (5) work days of receipt of the decision by the next appropriate level.

(2) The next line supervisors shall each have five (5) work days to respond to the grievance. The employee shall have five (5) work days after each intermediate supervisory review to decide to appeal the grievance to the next level.

(3) If the line supervisors are unable to resolve the grievance to the satisfaction of the employee, the employee may request review of the grievance, which shall be requested within five (5) work days of receipt of the decision of the final line supervisor by the appointing authority for a final determination. The appointing authority, upon investigation, shall issue findings and a final determination in writing to the employee within twenty (20) work days.

(4) Unless the time limits have been extended by agreement of the parties, failure of supervisory or management personnel to respond within the established time limits shall automatically advance the grievance to the next review level.

(5) An intermediate grievance level may be waived. Waiver shall be by written agreement of the parties.

Section 5. Incorporation by Reference.

(1) "Grievance Form", April 2024, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Personnel Board, 1025 Capital Center Drive, Suite 105, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material may also be found on the Personnel Board's Web site at https://personnelboard.ky.gov.

History

RELATES TO: KRS 18A.075, 18A.0751, 18A.095
STATUTORY AUTHORITY: KRS 18A.075, 18A.0751
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.075 and 18A.0751 requires the Personnel Board to adopt comprehensive administrative regulations consistent with the provisions of KRS 18A.005 through 18A.200. KRS 18A.0751(1)(i) requires the Personnel Board to promulgate an administrative regulation governing employee grievances and complaints. This administrative regulation establishes the requirements governing employee grievances and complaints.
History: 15 Ky.R. 1721; eff. 3-8-1989; 17 Ky.R. 97; eff. 9-12-1990; 19 Ky.R. 81; 867; eff. 10-8-1992; 21 Ky.R. 462; eff. 9-14-1994; 38 Ky.R. 641; 890; eff. 11-16-2011; TAm eff. 1-22-2018; 48 Ky.R. 1229, 2194; eff. 5-3-2022; 50 Ky.R. 2257; 51 Ky.R. 496; eff. 12-3-2024.

101 KAR 1:400 Promotion {#sec-101-kar-1-400 omnilex-key=us-ky-regs-official--title-101--101 KAR 1:400}

Section 1. Promotion.

(1) Each agency shall consider an applicant's qualifications, record of performance, conduct, seniority, and performance evaluations in the selection of an employee for a promotion.

(2) Promotions may be interagency or intra-agency.[

Section 2. Promotion Documentation.

(1) Prior to a promotion in the classified service, an employee with status shall request a promotion on the Voluntary Transfer/Demotion/Promotion Employee Agreement Form incorporated by reference by the Personnel Cabinet in 101 KAR 2:034.

(2) The form shall include:

(a) The effective date of the promotion;

(b) The position number and job classification from which the employee is promoting;

(d) The pay grade, salary, and work week for the position to which the employee will be promoted; and

(e) A statement that the employee waives the right to appeal the promotion.

(3) The agency shall forward a copy of the form to the Personnel Cabinet Secretary.

History

RELATES TO: KRS 18A.075, 18A.0751, 18A.115
STATUTORY AUTHORITY: KRS 18A.075, 18A.0751
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.075 requires the Personnel Board to promulgate comprehensive administrative regulations consistent with the provisions of KRS 18A.005 through 18A.200. KRS 18A.0751 requires that comprehensive administrative regulations be promulgated by the Personnel Board for the classified service governing promotion. This administrative regulation establishes the requirements governing promotion of a classified employee.
History: 17 Ky.R. 156; eff. 9-12-1990; Am. 21 Ky.R. 463; eff. 9-14-1994; 48 Ky.R. 1232, 2196; eff. 5-3-2022.

Chapter 2 Personnel Cabinet, Classified

101 KAR 2:020 Job classification plan {#sec-101-kar-2-020 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:020}

Section 1. Interpretation of Job Class Specifications.

(1) Job class specifications shall describe and explain the job duties and responsibilities typically assigned to a position within a particular job classification.

(2) Job class specifications shall indicate the kinds of positions to be allocated to the various job classifications as determined by their characteristics and duties or responsibilities. Characteristics and duties or responsibilities of a job classification shall be general statements indicating the level of responsibility and discretion of positions in that job classification.

(3) Examples of duties or responsibilities of a job classification shall not be construed as:

(a) Describing what the duties or responsibilities of a position shall be; or

(b) Limiting the appointing authority's ability to assign or alter the duties and responsibilities of a position.

(4) The use of examples describing the duties or responsibilities of a job classification shall not be regarded as excluding assignment of other duties or responsibilities not mentioned which are of similar kind or quality.

(5) Job class specifications shall establish the minimum requirements, which are comprehensive statements of the minimum background as to education, experience, and other qualifications required for the job classification.

(6) The job class specification may contain special requirements, additional requirements, unique physical requirements, or typical working conditions.

(7) The Personnel Cabinet may change any job class specification in whole or part.

Section 2. Official Copy of Job Class Specifications.

(1) The Personnel Cabinet shall maintain a master set of all approved job class specifications. These specifications shall constitute the official job class specifications in the job classification plan. The copies of the specification for each job classification shall indicate the date of establishment or the last revision of the specification.

(2) The Personnel Cabinet shall make available job class specifications in an electronic format.

Section 3. Title of Position and Job Classification.

(1) The official title of the job classification to which a position has been allocated shall be used to designate the position in payrolls and other official records, documents, and communications in connection with all personnel processes. For purposes of internal administration or for a purpose not involving the personnel processes, an office title or abbreviation may be used in lieu of the job classification title.

(2) The Personnel Cabinet may change the title of a job classification to more accurately describe job functions that have been or may be assigned to a job classification.

Section 4. Position Descriptions. Position descriptions shall state, in detail, the duties and responsibilities assigned to an individual position. If the duties and responsibilities assigned to a position are changed in a material and permanent way, the supervisor making the recommendation shall timely submit to the appointing authority for the agency a position description, stating the revised duties and responsibilities. If the appointing authority approves the material and permanent assignment of the duties and responsibilities, the new position description shall be forwarded to the Secretary of the Personnel Cabinet with the appointing authority's recommendation for reclassification.

History

RELATES TO: KRS 18A.005, 18A.030(2), 18A.032, 18A.110(1)(c), (7)
STATUTORY AUTHORITY: KRS 18A.030(2), 18A.110(1)(c), (7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.110(1)(c) and (7) require the Secretary of Personnel to promulgate administrative regulations, which govern the classification plan for all positions in the classified service so that the same qualifications may reasonably be required for, and the same schedule of pay equitably applied to, all positions in the same job classification. This administrative regulation establishes the classification plan for classified service.
History: 101 KAR 002:020. 13 Ky.R. 410; eff. 9-4-1986; 16 Ky.R. 568; 1575; eff. 1-9-1990; 26 Ky.R. 90; 558; eff. 8-25-1999; 42 Ky.R. 76; eff. 10-2-2015; 45 Ky.R. 127; eff. 10-5-2018; Crt eff. 7-14-2025.

101 KAR 2:034 Classified compensation administrative regulations {#sec-101-kar-2-034 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:034}

Section 1. New Appointments.

(1) An appointing authority shall appoint a new employee at a salary not to exceed the midpoint of the pay grade.

(2) The appointing authority shall adjust to that salary, an employee who is not on initial or promotional probation and is earning less than the new appointee's salary, if the appointing authority determines that the incumbent employee:

(a) Is in the same job classification;

(b) Is in the same department or office;

(d) Has a similar combination of education and experience relating to the relevant job class specification.

(3) The appointing authority shall adjust to five (5) percent above that salary, an employee who is not on initial or promotional probation and whose salary is the same or less than five (5) percent above the appointment salary assigned to the new employee, if the appointing authority determines that the incumbent employee:

(a) Is in the same job classification;

(b) Is in the same department or office;

(d) Has a similar combination of education and experience relating to the relevant job class specification.

Section 2. Reentrance to Classified Service.

(1) Returning retirees. An employee who was formerly employed under KRS Chapter 18A and who is appointed to a position covered by the provisions of KRS Chapter 18A while receiving retirement payments through the Kentucky Public Pensions Authority or Kentucky Teachers Retirement System, shall be appointed in accordance with the provisions for new appointments as established in this administrative regulation.

(2) Other reentering employees.

(a) Former classified employees. An appointing authority shall set the salary of a former classified employee, other than a returning retiree, who is being reemployed, reinstated after a break in continuous employment in the classified service, or probationarily appointed:

In accordance with the standards used for making new appointments in this administrative regulation;
Up to the same hourly rate as that paid at the time of separation from the classified service, if that hourly rate does not exceed the midpoint hourly rate plus the difference, in dollars, between the job class entry level hourly rate and the pay grade midpoint hourly rate; or
At the same hourly rate as that paid at the time of separation from the classified service if the employee is returning to the same pay grade or same job classification held at the time of separation from the classified service.

(b) Former unclassified employees with prior classified service. An appointing authority shall set the salary of a former classified employee who moved to the unclassified service and who is reinstated, reemployed, or probationarily appointed to a position in the classified service:

In accordance with the standards for making new appointments as established in this administrative regulation;
Up to the same hourly rate as that paid at the time of separation from the classified service, if that hourly rate does not exceed the pay grade midpoint hourly rate plus the difference, in dollars, between the job class entry level hourly rate and the pay grade midpoint hourly rate;
At an hourly rate that is the same as the hourly rate the employee last received in the classified service with adjustments for increases that would have been received if the employee had remained in the classified service prior to resignation if the hourly rate does not exceed the pay grade midpoint hourly rate plus the difference, in dollars, between the job class entry level hourly rate and the pay grade midpoint hourly rate; or
At a salary up to five (5) percent above the pay grade entry level wage for each year of service in the KRS Chapter 18A system, if the salary does not exceed the pay grade midpoint salary plus the difference, in dollars, between the job class entry level salary and the pay grade midpoint salary. Salary shall be calculated using whole percentages.

(c) Former unclassified employees with no previous classified service. An appointing authority shall set the salary of a former unclassified employee with no previous classified service, who is probationarily appointed or reemployed:

In accordance with the standards for making new appointments as established in this administrative regulation; or
At a salary up to five (5) percent above the minimum salary for each year of service in the unclassified service, if the salary does not exceed the pay grade midpoint salary plus the difference, in dollars, between the job class entry level salary and the pay grade midpoint salary. Salary shall be calculated using whole percentages.

(d) Laid off employees. A former employee, separated from the classified service by layoff and reinstated or reemployed in the same job classification within two (2) years from the date of layoff, may receive the salary the employee was receiving at the time of layoff, even if the salary is above the maximum of the pay grade.

(3) Probationary increments upon reentrance to state service. A former employee who is probationarily appointed at a salary at or below the midpoint of the pay grade shall receive a probationary increment upon successful completion of the probationary period.

Section 3. Salary Adjustments.

(1) Promotion.

(a) An employee who is promoted shall receive the greater of five (5) percent for each grade, or an increase to the minimum of the new grade except as established under subsection (2)(b), (3)(b), or (4)(b) of this section; or

(b) If sufficient funds are available, an appointing authority may adjust the employee's salary up to the midpoint of the pay grade if the increase is greater than the increase established in paragraph (a) of this subsection.

(2) Demotion.

(a) If an employee is demoted, the salary shall be determined in one (1) of the following ways:

The employee's salary shall be reduced by five (5) percent for each grade the employee is reduced; or
If requested in writing by the appointing authority and approved by the secretary, the employee shall retain the salary received prior to demotion. If approved by the secretary, the written request and notice of approval shall be placed in the employee's agency and Personnel Cabinet files maintained in accordance with KRS 18A.020(2)(a) .

(b) An employee whose salary is not reduced by five (5) percent per grade upon demotion shall not be eligible for a salary increase upon promotion, reclassification, detail to special duty, reallocation, pay grade change, or successful completion of promotional probation until the employee is moved to a job classification with a higher pay grade than that from which he or she was demoted. If a promotion, reclassification, detail to special duty, reallocation, or pay grade change occurs, it shall be deemed as having been made from the grade from which the employee had been demoted.

(c) Upon the salary schedule adjustment of an entry level wage of a pay grade, if an employee demoted to a lower pay grade, retained his or her salary, and was subsequently promoted and on promotional probation on the effective date of the new salary schedule, if the employee's salary is less than five (5) percent above the new entry level salary of the pay grade assigned to that employee on the effective date, the Personnel Cabinet shall adjust that employee's salary to five (5) percent above the new entry level wage.

(3) Reclassification.

(a) An appointing authority shall adjust the salary of an employee who is advanced to a higher pay grade through reclassification in one (1) of the following ways:

The greater of five (5) percent for each grade or the new grade minimum, except as established under subsection (2)(b) or (4)(b) of this section or paragraph (b) of this subsection; or
If sufficient funds are available, up to the midpoint of the pay grade if the increase is greater than the increase established in subparagraph 1. of this paragraph.

(b) An employee who is placed in a lower pay grade through reclassification shall receive the same salary received prior to reclassification, but shall not be eligible for a salary increase upon promotion, reclassification, detail to special duty, reallocation, pay grade change, or successful completion of promotional probation until the employee is moved to a job classification with a higher pay grade than that from which he or she was reclassified. If a promotion, reclassification, detail to special duty, reallocation, or pay grade change occurs, it shall be deemed as having been made from the grade from which the employee had been reclassified.

(c) If sufficient funds are available, an appointing authority may adjust up to the midpoint of the pay grade the salary of an employee who is placed in the same pay grade through reclassification.

(d) An employee shall not be reclassified from a job classification that does not require the supervision of employees to a job classification that requires the supervision of employees as mandated within the job class specification.

(4) Reallocation.

(a) An employee who is advanced to a higher pay grade through reallocation shall receive the greater of five (5) percent for each grade or the new grade minimum, except as established under subsection (2)(b) or (3)(b) of this section or paragraph (b) of this subsection.

(b) An employee who is placed in a lower pay grade through reallocation shall receive the same salary received prior to reallocation, but shall not be eligible for a salary increase upon promotion, reclassification, detail to special duty, reallocation, pay grade change, or successful completion of promotional probation until he or she is moved to a job classification with a higher pay grade than that from which he or she was reallocated. If a promotion, reclassification, detail to special duty, reallocation, or pay grade change occurs, it shall be deemed as having been made from the grade from which the employee had been reallocated.

(5) Detail to special duty.

(a) An employee who is approved for detail to special duty shall receive, during the period of detail, the greater of five (5) percent for each grade or the new grade minimum except as established under subsection (2)(b), (3)(b), or (4)(b) of this section.

(b) If sufficient funds are available, an appointing authority may adjust the salary of an employee who is placed in the same pay grade or higher pay grade through detail to special duty, up to the midpoint of the pay grade, if the increase is greater than the increase established in paragraph (a) of this subsection.

(c) An employee who is approved for detail to the same or lower pay grade shall receive the same salary received prior to detail except as provided under paragraph (b) of this subsection.

(6) Reversion.

(a) The salary of an employee who is reverted while serving a promotional probationary period, or following detail to special duty in a higher pay grade, shall be adjusted to:

The salary received prior to the promotion or detail; and
All salary advancements and adjustments that would have been awarded if the promotion or detail had not occurred.

(b) The salary of an employee who is reverted from a position in the unclassified service to a position in the classified service shall be adjusted to:

The salary received prior to leaving the classified service; and
All salary advancements and adjustments which would have been awarded if the individual had remained in the classified service.

(c) The increment date of an employee who is reverted from a position in the unclassified service to a position in the classified service shall be restored to the increment date set prior to leaving the classified service.

(7) Pay grade changes.

(a) If a job classification is assigned to a higher pay grade, except as established under subsection (2)(b), (3)(b), or (4)(b) of this section, the appointing authority shall raise the salary of an employee below the new grade minimum to the new grade minimum. If sufficient funds are available, an appointing authority may uniformly adjust the salary of all employees in that agency in that job classification to:

The greater of the new grade minimum or five (5) percent per pay grade;
The greater of the new grade minimum or ten (10) percent per pay grade; or
At a percentage determined by the Personnel Cabinet.

(b) If a job classification is assigned to a lower pay grade, an employee in that job classification shall retain his or her current salary.

(8) Special entrance rates. If a special entrance rate is established for a job classification, an appointing authority shall adjust the salary of an employee in that job classification if the employee's compensation is below the special entrance rate to the new rate. If sufficient funds are available, on the same date as the establishment of the special entrance rate, an appointing authority may uniformly grant to all employees in that job classification, except those employees who are on initial probation, a salary adjustment equal to the difference between the entrance of the pay grade and the new entrance rate.

(9) Other salary adjustments.

(a) On the 16th of a month, an appointing authority may grant a salary adjustment to all employees in a job classification within an agency who were eligible for, but did not receive, a five (5) percent per pay grade increase or ten (10) percent per pay grade increase as a result of a grade change applicable to the job classification, on or after January 1, 1999. The total adjustment granted at the time of the grade change and under this paragraph shall equal a five (5) percent per pay grade increase or ten (10) percent per pay grade increase to the employee's salary immediately prior to the grade change. The adjustment shall not be retroactive.

(b) If sufficient funds are available, an appointing authority may adjust the salary of one (1) or more employees with status in an office or department due to internal pay equity issues within a job classification or sustained retention issues impacting the mission of the agency.

The appointing authority shall substantiate in writing to the secretary the need for adjustment and include the proposed adjustment for each employee.

a. An adjustment that does not cause an employee's hourly rate to exceed the midpoint of the pay grade may be any amount; or

b. An adjustment that causes an employee's hourly rate to exceed the midpoint of the pay grade shall not exceed twenty-five (25) percent of the employee's hourly pay rate.

(10) Conversion rule. The salary of an employee whose position changes from a thirty-seven and one-half (37.5) hour workweek to a forty (40) hour workweek, or vice versa, shall be converted to accurately reflect the employee's hourly rate of base pay. This conversion shall be applied before applying any other salary adjustment to which the employee is entitled pursuant to this section.

Section 4. Salary Advancements.

(1) Initial probation increase. A full-time or part-time employee who completes an initial probationary period shall be granted a five (5) percent salary advancement on the first of the month following completion of the probationary period.

(2) Promotional probation increase. An employee shall receive a five (5) percent salary advancement on the first of the month following completion of the promotional probationary period except as established under Section 3(2)(b), 3(3)(b), or 3(4)(b) of this administrative regulation.

(3) An employee who separates prior to the first of the month following completion of a probationary period shall forfeit the five (5) percent salary advancement.

(4) Annual increment dates shall be established:

(a) Upon completion of an initial probationary period;

(b) When a former employee has been probationarily appointed and has received compensation in any twelve (12) months without receiving an increment; or

(5) Annual increment dates shall not change if an employee:

(a) Is in a position that is assigned a new or different pay grade;

(b) Receives a salary adjustment as a result of a reallocation;

(d) Is transferred;

(e) Is demoted;

(f) Is detailed to special duty;

(g) Receives an educational achievement award;

(h) Returns from military leave;

(i) Is reclassified;

(j) Receives a promotional increase after completion of a promotional probationary period; or

(k) Is reemployed after layoff.

(6) Return from leave without pay. An employee returning to duty from leave without pay shall receive an annual increment on the first of the month after receiving compensation in any twelve (12) months since the last increment was received.

(7) Service computation. Full-time and part-time service shall be counted in computing service for the purpose of determining increment eligibility.

(8) Order of calculating increments and other salary increases that occur at the same time. If an employee's increment date occurs on the same date that a salary adjustment or advancement is granted, the increment shall be applied before the adjustment or advancement is added to the employee's salary, except if the adjustment is based on a reversion, pay grade change, a salary schedule change, or establishment of a special entrance rate.

Section 5. Educational Achievement Award.

(1) On the 16th of a month, an appointing authority may grant a five (5) percent increase to an employee's base salary based on educational achievement as established in this section.

(2) An agency may elect not to participate in the educational achievement program if sufficient funds are not available.

(3) An employee shall not receive more than one (1) educational achievement award in a fiscal year.

(4) An employee shall not receive an educational achievement award and an adjustment for continuing excellence (ACE) based on the same training.

(5) By submitting a personnel action to grant an educational achievement award, the appointing authority shall certify that all of the qualifying conditions established by this section for the appropriate type of educational achievement award have been met.

(a) For a high school diploma, high school equivalency certificate, or a passing score on the GED test, the qualifying conditions shall be met if:

The employee has obtained the high school diploma, equivalency certificate, or passing score on the GED test:

a. Outside of work hours;

b. While in state service; and

c. After establishing an increment date;

The employee has not previously attained a high school diploma, equivalency certificate, or passing score on the GED test; and
The employee has not completed college coursework on the undergraduate or graduate level prior to obtaining the high school diploma, equivalency certificate, or a passing score on the GED test.

(b) For postsecondary education or training, the qualifying conditions shall be met if:

The employee has completed 260 hours of job-related instruction, or the equivalent;
The employee began the course work after becoming a state employee and completed the course work after establishing an increment date;
The employee has completed the course work within five (5) years of the date on which the course work was begun;
The course work has not previously been applied toward an educational achievement award;
The agency has not paid for the course work or costs associated with the course work, in whole or in part; and
The employee was not on educational or extended sick leave when the courses were taken.

Section 6. Salary Schedule Adjustment.

(1) If the secretary authorizes an adjustment of a salary schedule, an appointing authority shall adjust the salaries of all employees below the new schedule entry level wage for the pay grade to the new schedule entry level wage for the pay grade. If sufficient funds are available, the secretary may authorize an appointing authority to grant a salary increase for all employees equal to the difference in the old schedule entry level wage for the grade and the new schedule entry level wage for the grade.

(2) After consultation with the state budget director, if sufficient funds are available and the Secretary of Personnel determines that an increase in the entry level wage of one (1) or more pay grades is warranted, the Personnel Cabinet shall identify each currently active employee in the pay grade or grades, other than an interim employee, who is not on initial or promotional probation at the time the revised salary schedule becomes effective. For an employee whose salary is less than five (5) percent above the new entry level wage of the pay grade assigned to that employee on the effective date, the Personnel Cabinet shall adjust that employee's salary to five (5) percent above the new entry level wage.

Section 7. Paid Overtime.

(1) Overtime for which pay is authorized shall be in accordance with 101 KAR 2:102, Section 6, and the Fair Labor Standards Act, 29 U.S.C. Section 201, et seq., as amended.

(2) Eligibility for overtime pay shall be approved by the appointing authority, and may be reviewed by the Secretary of Personnel.

(3) An employee who is eligible for overtime shall request permission from, or be directed in advance, by the supervisor to work overtime.

(4) An overtime payment shall not be added to base salary or wages.

Section 8. Maintenance and Maintenance Allowance. If an employee, or the employee and family, is provided with full or partial maintenance, consisting of one (1) or more meals per day, lodging or living quarters, and domestic or other personal services, the maintenance shall be treated as partial payment of wages. The value of those services shall be deducted from the employee's salary in accordance with a maintenance schedule developed by the appropriate appointing authority after consultation with the Secretary of the Finance and Administration Cabinet.

Section 9. Supplemental Premiums.

(1) Locality premium.

(a)

Upon request by an appointing authority, the secretary may authorize and establish the amount of the payment of a locality premium for an employee who is regularly, temporarily, or intermittently assigned to work in a job classification, work county, and organizational unit if the agency can demonstrate sustained recruitment and retention issues impacting the mission of the agency; or
The secretary may direct the payment of a locality premium for an employee who is regularly, temporarily, or intermittently assigned to work in a job classification, work county, and organizational unit if there are demonstrated sustained recruitment and retention issues impacting the mission of the agency.

(b) Once authorized or directed, this premium shall apply to all employees in that organizational unit who are regularly or temporarily assigned to work in the job classification and work county for which the locality premium is approved.

(c) An employee shall not receive a locality premium after transfer, reclassification, reallocation, detail to special duty, promotion, or demotion to a position in a job classification, organizational unit, or work county that is ineligible for a locality premium.

(d) The secretary may rescind authorization to pay a locality premium for a job classification at any time.

(e) Locality premium pay shall not be considered a part of base pay or wages and shall not be applied to any leave time usage.

(2) Shift premium.

(a) Upon request by an appointing authority, the secretary may authorize the payment of a supplemental premium for an employee who is regularly assigned to work an evening or night shift in that agency.

(b) Once authorized, this premium shall apply to all employees in that agency who are regularly assigned to work an evening or night shift in a job classification for which the shift premium is approved.

(c) An employee shall not receive a shift premium after shift reassignment, transfer, promotion, or demotion to a position that is ineligible for a shift differential premium.

(d) The secretary may rescind authorization to pay shift premium for a job classification at any time.

(e) Shift differential pay shall not be considered a part of base pay or wages and shall not be applied to any leave time usage.

(3) Weekend premium.

(a) Upon request by an appointing authority, the secretary may authorize the payment of a weekend premium for an employee in a specific job classification who is regularly assigned to work on Saturdays, Sundays, or state holidays as part of the usual work week.

(b) Once authorized, the premium shall apply to all employees in the specified job classifications in that agency who are regularly assigned to work Saturdays, Sundays, or state holidays as part of those employees' usual work week.

(c) An employee shall not receive a weekend premium after reassignment, transfer, promotion, or demotion to a position that is ineligible for weekend premium.

(d) The secretary may rescind authorization to pay weekend premium at any time.

(e) Weekend premium pay shall not be considered part of the employee's base salary or wages and shall not be applied to any leave time usage.

(f) An agency may request, and be authorized for, both shift premium and weekend premium for the same job classifications.

(4) Multilingual hourly premium.

(a) Upon request by an appointing authority, the secretary may authorize the payment of a supplemental multilingual hourly premium for an employee who is assigned to complete work duties in a specified foreign language. An employee completing work duties in a specified foreign language shall receive a multilingual hourly premium based on the percentage of time multilingual skills are performed. An employee in a job classification that includes interpreting services as a characteristic of the job on the job class specification shall not be eligible for this premium.

(b) Language proficiency testing shall be completed prior to an employee receiving the multilingual hourly premium. Testing shall indicate a standard level of multilingual proficiency as required by the appointing authority.

(c) An appointing authority shall submit the multilingual premium request to the Personnel Cabinet in writing. The request shall contain, at a minimum:

An explanation of the reason or reasons for granting the multilingual premium;
The percentage of time the employee will use multilingual skills; and
Certification by the appointing authority that the employee has completed multilingual testing and received a standard level of multilingual proficiency rating. This certification shall include the name of the testing facility or organization, the format of the test taken (oral, written, or a combination of oral and written), and the level of proficiency granted in the request for the multilingual premium.

(d) Once authorized and once the employees are individually approved in accordance with this subsection, the multilingual hourly premium shall apply to all employees in that agency who are regularly assigned to complete work in a specified foreign language.

(e) An employee shall not receive a multilingual hourly premium after reassignment, reclassification, transfer, promotion, reallocation, or demotion to a position which no longer requires work in a specified foreign language.

(f) An employee who ceases to perform work duties in a specified foreign language shall not be eligible to receive a multilingual hourly premium.

(g) The secretary may rescind the multilingual hourly premium authorization provided to an agency or individual employee at any time.

(h) The multilingual hourly premium shall not be considered a part of base pay or wages and shall not be applied to any leave time usage.

(5) Critical position premium.

(a) Upon request by an appointing authority, the secretary may authorize the payment of a premium for a position held by an employee who has established an annual increment date and is regularly assigned to perform job duties that are deemed critical to the operation of the agency.

(b) A critical position premium may be authorized for at least three (3) full-time filled positions in an office or department. The premium may be authorized for additional full-time filled positions if the total number of premiums does not exceed one (1) percent of the total number of full-time filled positions in an office or department.

(d) The critical position designation shall expire if the position becomes vacant.

(e) An employee shall not receive a critical position premium after transfer, reclassification, reallocation, detail to special duty, promotion, or demotion to a position in a different job classification, organizational unit, or work county, unless the appointing authority submits a new request, for approval by the secretary, to designate the position in the different job classification, organizational unit, or work county as critical prior to the personnel action at issue.

(f) The appointing authority or the secretary may rescind authorization to pay a critical position premium at any time.

(g) A critical position premium shall not be considered a part of base pay or wages and shall not be applied to any leave time usage.

(6) Sign-on bonus.

(a) Upon written request by an appointing authority, the secretary may prospectively authorize a sign-on bonus for full-time or part time classified positions if:

The positions are in the same job classification, work county, and department or office if the appointing authority can substantiate sustained recruitment and retention issues impacting the mission of the agency;
The total amount of the sign-on bonus is uniform and does not exceed $5,000 for the job classification; and
Eligibility for the sign-on bonus is limited to a probationarily appointed, rehired, or reinstated employee who:

a. Has not been employed in a KRS Chapter 18A classified position within ninety (90) calendar days preceding the effective date of appointment, rehire, or reinstatement;

b. Has not previously received any amount of sign-on bonus pursuant to this subsection; and

c. Is working or on approved leave at the time payment is scheduled to be issued.

(b) Once a sign-on bonus is authorized by the secretary, an eligible employee shall receive:

Twenty-five (25) percent of the total sign-on bonus on the first day of the month after appointment, rehire, or reinstatement;
Twenty-five (25) percent of the total sign-on bonus on the first day of the month after completion of six (6) months of active service in the position into which the employee was appointed, rehired, or reinstated; and
Fifty (50) percent of the total sign-on bonus on the first day of the month after completion of twelve (12) months of active service in the position into which the employee was appointed, rehired, or reinstated.

(c) An employee shall not receive future payment of any portion of a sign-on bonus after transfer, promotion, or demotion to a position in a job classification, department or office, or work county other than the position into which the employee was appointed, rehired, or reinstated.

(d) An employee who is detailed to special duty or whose position is reclassified or reallocated shall remain eligible for future payment of the original sign-on bonus amount.

(e) The secretary may rescind authorization to pay a sign-on bonus at any time prior to the effective date of appointment, rehire, or reinstatement.

(f) A sign-on bonus shall not be considered a part of base pay or wages and shall not be applied to any leave time usage.

Section 10. Employee Recognition Award (ERA).

(1) On the 16th day of a month, an appointing authority may grant an employee an ERA in the form of a lump sum payment of any whole percentage from one (1) to ten (10) percent of the grade midpoint if:

(a) The employee has not received an ERA in the preceding twenty four (24) months, nor an Adjustment for Continuing Excellence (ACE) award in the preceding twelve (12) months; and

(b)

The appointing authority determines that the employee's acts or ideas have resulted in significant financial savings or improvements in services to the Commonwealth and the Commonwealth's citizens;
The employee has exhibited distinguished performance during participation in special projects that have had a significant beneficial impact on the department, office, or governmental operations; or
The employee has demonstrated a sustained level of exceptional job performance.

(2) An employee shall not be eligible for an ERA under this section for an act or idea that has been approved or submitted for consideration as an Employee Suggestion System Award. An employee who has received an ERA shall not be eligible to be considered for an Employee Suggestion System Award for those acts or ideas upon which the ERA is based.

(3) The granting of an ERA shall be within the sole discretion of the appointing authority.

(4) If an appointing authority grants an ERA, the justification for the award shall be stated in writing and placed in the employee's personnel files.

(5) An appointing authority shall submit a written justification to the Personnel Cabinet to award an ERA. The justification shall:

(a) Explain the reason or reasons for the granting of the award; and

(b) Include a certification by the appointing authority that:

Sufficient funds are available within the department or office; and
The criteria and limitations established in this section have been met.

Section 11. Adjustment for Continuing Excellence (ACE) Award.

(1) On the 16th day of a month, an appointing authority may grant a salary adjustment of any whole percentage from one (1) to ten (10) percent of the grade midpoint of the position in which the employee holds status to a full-time employee's base pay as an ACE award if the employee has:

(a) An established annual increment date;

(b) Worked at least the immediately preceding twenty-four (24) consecutive months in KRS Chapter 18A state service, twelve (12) consecutive months of which shall have been served in the department or office granting the award;

(c) Not received an ACE award in the preceding twenty-four (24) months or an ERA in the preceding twelve (12) months; and

(d)

Demonstrated a sustained level of exceptional job performance;
Assumed a significant level of additional job responsibilities or duties consistent with the assigned job classification and has performed them in an exceptional manner; or
Acquired professional or technical skills or knowledge through department or office directed or authorized attainment of a job related licensure, certification, or formal training that will substantially improve job performance.

(2) An employee shall not be eligible for an ACE award under this section if:

(a) An educational achievement award has been granted for the same training; or

(b) The employee received either of the two (2) lowest possible evaluation ratings on the most recent performance evaluation.

(3) The granting of an ACE award shall be within the sole discretion of the appointing authority.

(4) An appointing authority shall submit a written justification to the Personnel Cabinet to grant an ACE award. The justification shall:

(a) Explain the reason or reasons for the granting of the award; and

(b) Include a certification by the appointing authority that:

The criteria and limitations established in this section have been met; and
Sufficient funds are available within the department's or office's current recurring base budget to support the award.

Section 12. Voluntary Actions. An employee request for transfer, demotion, or promotion shall be documented on the Voluntary Transfer/Demotion/Promotion Employee Agreement Form in Accordance with 101 KAR 1:335 and 101 KAR 1:400.

Section 13. Incorporation by Reference.

(1) "Voluntary Transfer/Demotion/Promotion Employee Agreement Form", November 2024, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Personnel Cabinet, 501 High Street, 3rd Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. The material incorporated by reference is also available on the Personnel Cabinet's Web site at: https://personnel.ky.gov/Pages/mir.aspx.

History

RELATES TO: KRS 18A.020(2)(a), 18A.030(2), 18A.110, 18A.165, 29 U.S.C. sec. 201, et seq.
STATUTORY AUTHORITY: KRS 18A.030(2), 18A.110(1)(c), (d), (g), (7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.110(1)(c) requires the Secretary of the Personnel Cabinet to promulgate administrative regulations to govern the pay plan for all employees in the classified service. This administrative regulation establishes requirements to assure uniformity and equity in administration of the pay plan in accordance with statutory requirements.
History: 101 KAR 002:034. 26 Ky.R. 257; 559; eff. 8-25-1999; 28 Ky.R. 1169; 1600; eff. 1-14-2002; 34 Ky.R. 1519; 2085; eff. 4-4-2008; 42 Ky.R. 78; 1126; eff. 11-6-2015; 43 Ky.R. 1004; 3-3-2017; 45 Ky.R. 139, 639; eff. 10-5-2018; 45 Ky.R. 2955, 3390; eff. 7-5-2019; TAm eff. 4-16-2021; 49 Ky.R. 1960, 50 Ky.R. 622; eff. 12-5-2023; 51 Ky.R. 149252 Ky.R. 17; eff. 9-30-2025.

101 KAR 2:046 Applying for employment, qualifications and examinations {#sec-101-kar-2-046 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:046}

Section 1. Notices of Examinations.

(1) An examination for entrance to the classified service shall be conducted on an open-competitive basis.

(2) The recruitment program shall:

(a) Accept an applicant's submission for employment; and

(b) Hold an examination whenever and wherever the secretary reasonably determines it to be in the best interests of the Merit System.

(3) Eligibles shall be listed in rank order upon certification of a register based on their highest valid scores.

(4) The public notice of examination required by KRS 18A.110(7)(c) shall specify:

(a) The title and minimum salary of the job classification;

(b) The minimum qualifications required;

(d) All other pertinent information and requirements.

Section 2. Minimum Qualifications for Applying. An open-competitive examination shall be available to each applicant who meets the minimum requirements determined by the secretary with regard to:

(1) Education;

(2) Experience;

(3) Training;

(4) Licensure;

(5) Certification; or

(6) Other factors that relate to the ability of the candidate to perform the essential functions of the position with reasonable efficiency.

Section 3. Applying for Employment.

(1) An applicant shall apply for employment electronically as required by instructions at https://careers.ky.gov.

(2) An applicant shall provide information concerning:

(a) Personal characteristics;

(b) Education;

(d) References; and

(e) Other pertinent information specific to the position sought.

(3) The truth of the statements provided pursuant to subsection (2) of this section shall be certified by the applicant's act of electronic submission.

(4) An applicant shall:

(a) Meet the minimum qualifications established in the job class specification as to education and experience; and

(b) Not be guaranteed a passing grade by admission to an examination.

(5) For a job classification for which there is to be continuous recruitment, a statement shall be included in the announcement to the effect that submissions shall be received until further notice.

Section 4. Advance Eligibility. An applicant shall be eligible to apply to a specific vacancy within thirty (30) calendar days of completing the education required in the job classification or anytime thereafter. Except as requested in writing by the appointing authority and authorized by the secretary, all applicants shall comply with this section.

Section 5. Character of Examinations. An examination shall:

(1) Be practical in nature;

(2) Be constructed to reveal the capacity of the candidate for the particular job classification for which the applicant is competing;

(3) Consider the applicant's general background and related knowledge; and

(4) Be rated impartially.

Section 6. Conduct of Examinations.

(1) An examination shall be conducted in as many places in the commonwealth as are found convenient for applicants and practicable for administration.

(2) Reasonable accommodation in testing shall be provided upon timely request and receipt of verification of need.

(3) The secretary may:

(a) Designate monitors in various parts of the commonwealth to conduct an examination under instructions prescribed by the secretary;

(b) Provide for the compensation of the monitors; and

(4) Retest procedures. For open continuous testing, an applicant shall not:

(a) Be admitted to the same exam or its alternate more than two (2) times within a regular workweek; or

(b) Take the same exam or its alternate more than twelve (12) times in a twelve (12) month period beginning with the original date the test is taken.

Section 7. Rating Examinations.

(1) The secretary shall determine the rating or standing of an applicant on the register for each examination at the time of certification of a register.

(2) The secretary shall determine the passing score of each examination.

(3) All applicants for the same job classification shall be accorded uniform and equal treatment in all phases of the examination procedure.

Section 8. Rating Education and Experience.

(1) If the selection method is rating of education and experience, the secretary shall determine a procedure for the evaluation of the education and experience qualifications of an applicant.

(2) The formula used in appraisal shall give due regard to recency and quality as well as quantity of experience and the pertinence of the education.

(3) The secretary shall investigate the candidate's educational documentation.

(4) The secretary shall investigate the candidate's work history.

(5) If the results of this investigation disclose information affecting the rating of education and experience, the secretary shall:

(a) Rate the candidate accordingly;

(b) Make the necessary revision of the rating; and

(6) The secretary shall determine the selection method for a qualifying job classification based upon the knowledge, skills, and abilities necessary for the job classification.

(a) The secretary shall notify the Personnel Board of the job classification and the minimum requirements for a qualifying selection method.

(b) The secretary shall maintain for public review a list of those job classifications that are qualifying along with the minimum requirements for each job classification.

Section 9. Notice of Examination Results.

(1) Each applicant shall be notified of the examination score as soon as the rating of the examination has been completed.

(2) An eligible shall be entitled to information concerning his or her relative position on the register upon request and presentation of proper identification.

Section 10. Adjustment of Errors.

(1) The secretary shall correct a clerical error in the rating of an examination, if the error is called to the attention of the secretary within thirty (30) calendar days after receipt of the notice of examination results. Further, the secretary may correct an applicant's submission error, if the error is called to the attention of the secretary within thirty (30) calendar days of the issuance of a register certificate.

(2) A correction shall not invalidate a certification and appointment previously made.

History

RELATES TO: KRS 18A.030(2), 18A.032, 18A.110(1)(a), (7)(c), 18A.120, 18A.150
STATUTORY AUTHORITY: KRS 18A.030(2), 18A.110(1)(a), (7)(c)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.110(1)(a) and (7)(c) requires the Secretary of Personnel to promulgate administrative regulations that govern open competitive exams to determine the relative fitness of applicants and for the rejection of candidates or eligibles who fail to meet reasonable requirements of the secretary. This administrative regulation establishes the process and requirements to apply for employment.
History: 18 Ky.R. 3551; 19 Ky.R. 389; eff. 8-1-1992; 26 Ky.R. 91; 562; eff. 8-25-1999; 33 Ky.R. 4195; 34 Ky.R. 223; eff. 8-31-2007; 38 Ky.R. 643; 891; eff. 11-16-2011; 42 Ky.R. 83; 662; eff. 10-2-2015; 43 Ky.R. 1631; eff. 6-2-2017; 48 Ky.R. 2740; eff. 9-27-2022.

101 KAR 2:056 Registers {#sec-101-kar-2-056 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:056}

Section 1. Notification of Vacancies to Be Filled From a Register. An appointing authority shall notify the secretary as far in advance as possible of a vacancy in a full-time or part-time classified position to be filled from a register.

Section 2. Minimum Requirements.

(1) The secretary shall review the qualifications of additional applicants who meet the minimum requirements and qualifications for a vacancy if there are insufficient applicants for the vacancy.

(2) The secretary shall, if appropriate, reevaluate an applicant's training and experience on the basis of the minimum qualifications required for the job classification in which the vacancy exists.

Section 3. Duration of Registers.

(1) A register that has become exhausted shall expire upon the administration of a superseding examination and the establishment of a register on the basis of that examination.

(2) If a new examination is established for a job classification, the secretary shall send to each eligible remaining on the current register a notification prior to the administration of a superseding examination.

Section 4. Internal Mobility Program. The internal mobility program shall facilitate the movement of a qualified classified employee to a different position in the state personnel system.

(1) The secretary shall certify a full-time or part-time register that shall include:

(a) The names of eligibles for reemployment and appointment, in accordance with 101 KAR 2:066; and

(b) The names of interested employees with internal mobility full-time or internal mobility part-time status who:

Meet the minimum requirements;
Seek promotion, demotion, or transfer to a different position; and
Have applied for a posted vacancy.

(2) An appointing authority may request a register consisting of exclusively internal mobility candidates for a time period specified by the appointing authority of at least ten (10) calendar days.

Section 5. Reemployment Registers. The secretary shall prepare a reemployment register, which:

(1) Shall contain the names of former employees, in rank order of seniority, who are exercising their reemployment rights; and

(2) May be combined with the list of current employees in the Internal Mobility Program for the job classification.

Section 6. Full-time or Part-time Registers. The secretary shall certify a separate register for full-time and part-time positions.

Section 7. Number of Registers. A person meeting minimum qualifications for job classifications shall be eligible to apply for any posted vacancy.

History

RELATES TO: KRS 18A.005, 18A.110(1)(f), (7), 18A.120
STATUTORY AUTHORITY: KRS 18A.030(2), 18A.040, 18A.110(1)(f), (7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.110(1)(f) and (7) requires the Secretary of Personnel to promulgate administrative regulations that govern the establishment of eligible lists for appointment and for the rejection of candidates or eligibles who do not meet reasonable selection requirements of the secretary. This administrative regulation establishes requirements for the state registers.
History: 18 Ky.R. 3553; eff. 8-1-1992; 20 Ky.R. 1640; eff. 2-3-1994; 26 Ky.R. 93; 564; eff. 8-25-1999; 33 Ky.R. 4197; 34 Ky.R. 224; eff. 8-31-2007; 38 Ky.R. 645; 892; eff. 11-16-2011; 42 Ky.R. 85; eff. 10-2-2015; 43 Ky.R. 1633; eff. 6-2-2017; Cert eff. 4-3-2024.

101 KAR 2:066 Certification and selection of eligible applicants for appointment {#sec-101-kar-2-066 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:066}

Section 1. Request for Certification of Eligible Applicants. To fill a vacant position in the classified service that is not filled by lateral transfer, reinstatement, reversion, or demotion, the appointing authority shall submit a request for a register to the secretary. The request shall:

(1) Be for one (1) or more positions in the same:

(a) Job classification; or

(b) County;

(2) Indicate:

(a) The number and identity of the positions to be filled;

(b) The title of the job classification for each position; and

(3) Be made by the appointing authority as far in advance as possible of the date the position is to be filled.

Section 2. Certification of Eligible Applicants.

(1) Upon receipt of a request for a register, the secretary shall certify and submit to the appointing authority the names of eligible applicants for the position who have applied.

(a) If one (1) position is involved, the secretary shall certify the names of:

Each applicant who:

a. Applied for the vacant position; and

b. If it is a tested position, has a score included in the highest five (5) scores earned through the selection method; and

All internal mobility candidates who are eligible and have applied for the vacant position.

(b) If more than one (1) vacancy is involved, the secretary may certify sufficient additional names for the agency's consideration in filling the total number of vacancies.

The internal mobility candidate listing of eligible applicants who have applied for the vacant position; or
The eligible applicants with the five (5) highest scores who have applied for the vacant position, if applicable.

(2) The life of a certificate during which action may be taken shall be ninety (90) days from the date of issue unless otherwise specified on the certificate or job requisition. An appointment made from the certificate during that time shall not be subject to a change in the condition of the register taking place during that period.

(3) Subject to the provisions of KRS 18A.113 and KRS 18A.135, a vacancy associated with an active register certificate may be filled by an eligible who did not apply if filled by lateral transfer, reinstatement, reversion, or demotion.

Section 3. Prescreening Questions.

(1) The secretary shall approve prescreening questions to assist in the determination of an applicant's qualifications and availability for a job vacancy.

(2) The appointing authority may identify prescreening questions that relate to the specific job classification. The appointing authority may request that an applicant answer those prescreening questions when applying for employment. After an appointing authority has received a register, the appointing authority may consider the answers to the prescreening questions to assist in applicant selection.

Section 4. Selection. The appointing authority shall report to the secretary the recommended candidate for appointment.

History

RELATES TO: KRS 18A.030(2), 18A.110(1)(b), (7), 18A.113, 18A.135, 18A.165
STATUTORY AUTHORITY: KRS 18A.030(2), 18A.110(1)(b), (7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.110(1)(b) and (7) requires the Secretary of Personnel to promulgate administrative regulations that govern the establishment of eligibility lists for appointment, and for consideration for appointment of persons whose scores are included in the five (5) highest scores on the examination. This administrative regulation establishes the requirements for certification and selection of eligible applicants for appointment.
History: 18 Ky.R. 3554; eff. 8-1-1992; Am. 19 Ky.R. 1634; eff. 3-10-1993; 20 Ky.R. 1641; eff. 2-3-1994; 26 Ky.R. 95; 565; eff. 8-25-1999; 33 Ky.R. 4199; 34 Ky.R. 225; eff. 8-31-2007; 42 Ky.R. 86, 663; eff. 10-2-2015; 43 Ky.R. 1634; eff. 6-2-2017; 48 Ky.R. 2792; eff. 9-27-2022.

101 KAR 2:076 Vacancies, detail to special duty and temporary overlap {#sec-101-kar-2-076 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:076}

Section 1. Filling of Vacancies. A vacancy in the classified service shall be filled by appointment, demotion, promotion, reemployment, reinstatement, reversion, or transfer.

Section 2. Detail to Special Duty.

(1)

(a) With approval of the secretary, if the services of an employee with status are needed in a vacant position within an agency other than the position to which the employee is regularly assigned, the employee may be detailed to that position. If detailed to that position, the period shall not exceed one (1) year.

(b) With prior approval of the secretary and approval of the receiving appointing authority, if the services of an employee with status are needed in a vacant position in a different agency, the employee may be detailed to that position. If detailed to that position, the period shall not exceed ninety (90) calendar days.

(2) For detail to special duty, the secretary may waive the minimum requirements if requested and justified by the appointing authority in writing.

(3) The appointing authority shall notify the employee, in writing, of:

(a) The detail to special duty;

(b) The reasons for the action;

(d) The pay grade of the position to which the employee is detailed, the work week, and the salary.

Section 3. Temporary Overlap. For training purposes or if it is in the best interests of the service, with the approval of the secretary, an agency may place an employee in a position currently occupied by another employee. If an employee is so placed, the period shall not exceed ninety (90) calendar days.

Section 4. Detail to Special Duty with Temporary Overlap.

(1) For training purposes or the best interest of the service, with the approval of the secretary, an agency may detail an employee to a position currently occupied by another employee within the agency. If an employee is so placed, the period shall not exceed ninety (90) calendar days. This detail with temporary overlap shall not be considered a part of the one (1) year detail to special duty to a vacant position. The detail to special duty with temporary overlap shall be a separate action.

(2) For training purposes or the best interest of the service, with the prior approval of the secretary, an agency may detail an employee to a position currently occupied by another employee in a different agency with the approval of the receiving appointing authority. If an employee is so placed, the period shall not exceed ninety (90) calendar days.

(3) For detail to special duty with temporary overlap, the secretary may waive the minimum requirements if requested and justified by the appointing authority in writing.

(4) The appointing authority shall notify the employee, in writing, of:

(a) The detail to special duty with temporary overlap;

(b) The reasons for the action;

(c) The employee's retention of status in the position held prior to the detail to special duty with temporary overlap; and

(d) The pay grade of the position to which the employee is detailed with temporary overlap, the work week, and the salary.

History

RELATES TO: KRS 18A.005, 18A.110(1)(g), (7), 18A.115, 18A.120
STATUTORY AUTHORITY: KRS 18A.030(2), 18A.110(1)(g), (7)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.110(1)(g) and (7) require the Secretary of Personnel to promulgate administrative regulations to govern the types of appointments as necessary to implement KRS Chapter 18A. This administrative regulation establishes the requirements for filling a vacancy, for detail to special duty, and for temporary overlap.
History: 101 KAR 002:076. 18 Ky.R. 3555; eff. 8-1-1992; 26 Ky.R. 96; 566; eff. 8-25-1999; 39 Ky.R. 2361; 40 Ky.R. 259; eff. 9-6-2013; 45 Ky.R. 133; eff. 10-5-2018; Crt eff. 7-14-2025.

101 KAR 2:086 Internship interview preference {#sec-101-kar-2-086 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:086}

Section 1. Eligibility. An applicant shall be granted an internship interview preference for the position applied for if he or she:

(1) Meets the minimum qualifications of the KRS Chapter 18A classified position applied for; and

(2) Provides documentation verifying his or her successful completion of an internship coordinated by the Personnel Cabinet.

Section 2. Procedures.

(1) Applicants entitled to internship interview preference as set forth in Section 1 of this administrative regulation shall be clearly identified by the Personnel Cabinet.

(2) If the number of applicants granted an interview preference for an advertised classified position is less than five (5), the employing agency shall offer an interview to all applicants identified in subsection (1) of this section.

(3) If the number of applicants granted an interview preference for an advertised classified position equals or exceeds five (5), the employing agency shall offer an interview to at least five (5) applicants identified in subsection (1) of this section.

Section 3. Restrictions.

(1) An internship interview preference shall expire:

(a) Upon initial appointment to any position in the classified service; or

(b) After five (5) years from the date of internship completion.

(2) The secretary may revoke an applicant's internship interview preference for one (1) or more positions due to factors listed in KRS 18A.032.

(3) The secretary may designate specific positions, job classifications, or agencies as exempt from internship interview preference requirements.

(4) The provisions of this administrative regulation shall be effective for KRS Chapter 18A classified positions advertised beginning July 1, 2025.

History

RELATES TO: KRS 18A.030, 18A.032, 18A.110
STATUTORY AUTHORITY: KRS 18A.110
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.030(2) requires the secretary of the Personnel Cabinet to establish general procedures for personnel recruitment, for certification, and for improving the efficiency of employed personnel. KRS 18A.110 requires the secretary to promulgate administrative regulations for the classified service hiring and selection process, to include (1)(a) applications and examinations, (1)(b) certification and selection of eligibles, (1)(f) registers, and (7)(j) other administrative regulations not inconsistent with KRS Chapter 18A and KRS Chapter 13A, as may be proper and necessary for its enforcement. This administrative regulation establishes an internship interview preference for the KRS Chapter 18A classified service hiring process.
History: 51 Ky.R. 601, 1071; eff. 3-4-2025.

101 KAR 2:095 Classified service general requirements {#sec-101-kar-2-095 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:095}

Section 1. Attendance; Hours of Work.

(1) The number of hours a full-time employee shall be required to work shall be thirty-seven and one-half (37.5) hours per week or forty (40) hours per week, unless specified otherwise by the appointing authority or the statutes.

(2) The normal work day shall be from:

(a) 8 a.m. to 4:30 p.m., local time, Monday through Friday, for a thirty-seven and one-half (37.5) hour work schedule; or

(b) 8 a.m. to 5 p.m., local time, Monday through Friday, for a forty (40) hour work schedule.

(3) An appointing authority may require an employee to work hours and days other than regular days and hours, including an overtime or inclement weather schedule if it is in the best interest of the agency.

(4) An employee who works for an agency that requires more than one (1) shift or seven (7) days a week operation may be reassigned from one (1) shift to another or from one (1) post to another or alternate days off by the agency to meet staffing requirements or to maintain security or provide essential services of the agency.

(5) An employee shall give reasonable notice in advance of absence from an official work station or alternate work station.

Section 2. Official Work Station, Alternate Work Station, and Temporary Assignment.

(1) Each employee shall be assigned an official work station and may be assigned one (1) or more additional alternate work stations by the appointing authority.

(2) An official work station or alternate work station may be changed to better meet the needs of the agency.

(3) An employee may be temporarily assigned to a different official work station or alternate work station in a different county. The assignment shall be to the same job classification.

(a) If an employee is temporarily assigned to a different official work station or alternate work station in a different county, the assignment shall not last more than sixty (60) calendar days.

(b) Temporary assignment may be renewed with prior approval of the Secretary of Personnel.

(c) A temporarily reassigned employee shall be reimbursed for travel expenses in accordance with 200 KAR 2:006, and the appointing authority shall notify the employee in writing prior to the effective date of the action.

(4) An appointing authority may assign an employee to work in a different site within the county of employment within the same job classification.

Section 3. Dual Employment. An employee holding a full-time position covered under KRS Chapter 18A shall not hold another KRS Chapter 18A position except upon recommendation of the appointing authority and the written approval of the secretary.

Section 4. Notice of Resignation and Retirement.

(1) An employee who decides to terminate his or her service shall submit a written resignation or notice of retirement to the appointing authority.

(2) A resignation or notice of retirement shall be submitted at least fourteen (14) calendar days before the final working day. A copy of an employee's notice shall be attached to the separation personnel action and placed in the personnel files maintained by the agency and the Personnel Cabinet.

(3) Failure of an employee to give fourteen (14) calendar days' notice may result in forfeiture of accrued annual leave, based on:

(a) If the fourteen (14) day deadline was:

Practicable under the circumstances;
Appropriate for the situation; and
Complied with; or

(b) If the appointing authority and the employee have agreed that the employee shall retain the leave.

(4) The effective date of a separation shall be the next calendar day following the last work day unless the employee has been approved for the use of annual, compensatory, or sick leave prior to termination.

Section 5. Records and Reports.

(1) An appointing authority shall provide a request to the Personnel Cabinet for a personnel action or status change.

(a) The Secretary of the Personnel Cabinet shall determine which personnel actions warrant a Personnel Action Notification to the employee, in accordance with KRS 18A.020 and 18A.095.

(b) The secretary shall provide a Personnel Action Notification to the appointing authority.

(c) The appointing authority shall provide a copy of a Personnel Action Notification to the employee affected by the action.

(2) The secretary shall maintain a leave record showing for each employee:

(a) Annual leave earned, used and unused;

(b) Sick leave earned, used and unused;

(d) Special leave or other leave with or without pay.

Section 6. Telecommuting.

(1) Telecommuting shall be a work arrangement in which a selected state employee is allowed to perform the normal duties and responsibilities of his or her position through the use of computer or telecommunications at home or another place apart from the employee's usual official work station or alternate work station.

(2) An appointing authority may establish a telecommuting program for all or any part of the agency.

(3) Eligibility and selection for participation in a telecommuting program shall be the decision of the agency, with no implied or specific right to participation being granted to an employee.

(4) The telecommuter's conditions of employment shall remain the same as for a nontelecommuting employee.

(a) Employee salary, benefits, and employer-sponsored insurance coverage shall not change as a result of telecommuting.

(b) The telecommuter shall be responsible for the security and confidentiality of data, as well as the protection of state-provided equipment, used and accessed during telecommuting.

(d) An on-site visit by the employer for monitoring of safety issues shall not require advance notice by the employer.

Section 7. Workplace Violence Policy.

(1) Workplace violence shall be prohibited and shall include:

(a) The attempted, threatened, or actual conduct of a person who endangers or is likely to endanger the health and safety of state employees or the general public; or

(b) A threatening statement, harassment, or behavior that gives a state employee or member of the general public reasonable cause to believe that his or her health or safety is at risk.

(2) Examples of prohibited workplace violence shall include:

(a) Threats of harm;

(b) Brandishing or displaying a weapon or an object that looks like a weapon in a manner that would present a safety risk to a state employee or a member of the general public or threatens or intimidates them;

(c) Intimidating, threatening, or directing abusive language toward another person, either verbally, in writing or by gesture;

(d) Stalking;

(e) Striking, slapping, or otherwise physically attacking another person; or

(f) Disobeying or failing to follow the reasonable directive of a supervisor to take action or cease actions that create a risk to the health or safety of a state employee or the public or threatens or intimidates them.

(3) Violation of this section shall constitute grounds for disciplinary action and referral for criminal prosecution.

Section 8. Issuance of Pay to State Employees.

(1) Pay shall be issued to state employees on the 15th and 30th day of each month.

(2) If the regularly scheduled pay date falls on a weekend, state employees shall be issued pay on the preceding Friday.

(3) If the regularly scheduled pay date falls on a state holiday, as defined in KRS 18A.190, pay shall be issued on the workday preceding the holiday.

Section 9. Correction of Errors. With the appointing authority's concurrence, the secretary may correct pay or leave errors caused by an executive branch agency if in the best interest of the Commonwealth such as correction of any errors found to be out of statutory or regulatory compliance.

Section 10. Incorporation by Reference.

(1) "Personnel Action Notification", PAN, August 2011, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Personnel Cabinet, 501 High Street, 3rd Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. This material is also available on the cabinet's Web site at https://personnel.ky.gov/Pages/mir.aspx.

History

RELATES TO: KRS 18A.020, 18A.030(2), 18A.095, 18A.110, 18A.190
STATUTORY AUTHORITY: KRS 18A.030, 18A.110
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.110 requires the Secretary of Personnel to promulgate comprehensive administrative regulations for the classified service. This administrative regulation establishes requirements for the classified service and governs the maintenance of employee and other records and reports in the cabinet and other conditions of employment.
History: 17 Ky.R. 1246; 1972; eff. 12-6-1990; 26 Ky.R. 97; 566; eff. 8-25-1999; 38 Ky.R. 482; eff. 9-28-2011; 39 Ky.R. 2362; 40 Ky.R. 259; eff. 9-6-2013; 45 Ky.R. 135; 6343; eff. 10-5-2018; 47 Ky.R. 1807; 2573; eff. 8-31-2021; 48 Ky.R. 2795; eff. 9-27-2022; 49 Ky.R. 1966, 50 Ky.R. 628; eff. 12-5-2023.

101 KAR 2:102 Classified leave general requirements {#sec-101-kar-2-102 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:102}

Section 1. Annual Leave.

(1) Accrual of annual leave.

(a) Each full-time employee shall accumulate annual leave at the following rate:

(b) A full-time employee shall have worked, or been on paid leave, other than educational leave with pay, for 100 or more regular hours per month to accrue annual leave. This shall not include hours worked in excess of the prescribed hours of duty.

(c) Accrued leave shall be credited on the first day of the month following the month in which the annual leave is earned.

(d) In computing months of total service for the purpose of earning annual leave, only the months for which an employee earned annual leave shall be counted.

(e) A former employee who has been rehired shall receive credit for months of prior service, unless the employee had been dismissed for cause or has retired from a position covered by a state retirement system.

(f) A part-time employee shall not be entitled to accrue annual leave.

(2) Use and retention of annual leave.

(a) Annual leave shall be used in increments of one-quarter (1/4) hours.

(b) Except as established in paragraph (c) of this subsection, an employee who makes a timely request for annual leave shall be granted annual leave by the appointing authority, during the calendar year, up to at least the amount of time earned that year, if the operating requirements of the agency allow.

(c) An appointing authority may require an employee who has a balance of at least 100 hours of compensatory leave to use compensatory leave before the employee's request to use annual leave is granted, unless the employee's annual leave balance exceeds the maximum number of hours that may be carried forward pursuant to this administrative regulation.

(d) Absence due to sickness, injury, or disability in excess of the amount available for those purposes shall, at the request of the employee, be charged against annual leave.

(e) An employee shall be able to use annual leave for an absence on a regularly scheduled workday.

(f) An employee who is transferred or otherwise moved from the jurisdiction of one (1) agency to another shall retain accumulated annual leave in the receiving agency.

(g) An employee who is eligible for state contributions for life insurance pursuant to KRS Chapter 18A shall have worked or been on paid leave, other than holiday or educational leave, during any part of the previous month.

(h) An employee who is eligible for state contributions for health benefits pursuant to KRS Chapter 18A shall have worked or been on paid leave, other than holiday or educational leave, during any part of the previous pay period.

(i) Annual leave may be carried from one (1) calendar year to the next. If annual leave is carried from one (1) calendar year to the next, the leave shall be calculated as established in the following table:

(j) Leave in excess of the maximum amounts established in paragraph (i) of this subsection shall be converted to sick leave at the end of the calendar year or upon retirement.

(k) The amount of annual leave that may be carried forward and the amount of annual leave that may be converted to sick leave shall be determined by computing months of service as provided by subsection (1)(d) of this section.

(3) Annual leave on separation.

(a)

If an employee is separated by proper resignation or retirement, or terminated from initial probation other than for cause, the employee shall be paid in a lump sum for accumulated annual leave.
The accumulated annual leave for which the employee is paid shall not exceed the amounts established by subsection (2)(i) of this section.
Following payment of annual leave at resignation, any remaining annual leave after the payment of the maximum shall:

a. Not be paid to the employee or converted to sick leave; and

b. Be removed from the balance.

(b) If an employee is laid off, the employee shall be paid in a lump sum for all accumulated annual leave.

(c) An employee in the unclassified service who reverts to the classified service, or an employee who resigns one (1) day and is employed the next workday, shall retain the accumulated leave in the receiving agency.

(d) An employee who has been dismissed for cause shall not be paid for accumulated annual leave.

(e) An appointing authority may withhold payment of accumulated annual leave for an employee who has failed to give proper notice of resignation or retirement as established in 101 KAR 2:095 Section 4, or who has submitted notice of resignation or retirement after receiving an intent to dismiss letter. Annual leave withheld pursuant to this paragraph shall result in a determination that the employee resigned not in good standing.

(f) Upon the death of an employee, the employee's estate shall be entitled to receive pay for the unused portion of the employee's accumulated annual leave.

(g) An employee may request in writing that accumulated annual leave not be paid upon resignation, and that all or part of the amount of accumulated annual leave that does not exceed the amount established by this section be waived, if:

The employee resigns, or is laid off, because of an approved plan of privatization of the services performed; and
The successor employer has agreed to credit the employee with an equal amount of annual leave.

Section 2. Sick Leave.

(1) Accrual of sick leave.

(a) An employee, except a part-time employee, shall accumulate sick leave with pay at the rate of one (1) working day per month.

(b) An employee shall have worked or been on paid leave, other than educational leave, for 100 or more regular hours in a month to accrue sick leave. This shall not include hours worked in excess of the prescribed hours of duty.

(c) An employee shall be credited with additional sick leave upon the first day of the month following the month in which the sick leave is earned.

(d) A full-time employee who completes 120 months of total service with the state shall be credited with ten (10) additional days of sick leave upon the first day of the month following the completion of 120 months of service.

(e) A full-time employee who completes 240 months of total service with the state shall be credited with another ten (10) additional days of sick leave upon the first day of the month following the completion of 240 months of service.

(f) In computing months of total service for the purpose of crediting sick leave, only the months for which an employee earned sick leave shall be counted.

(g) A former employee who has been rehired shall receive credit for months of prior service and shall be credited with the unused sick leave balance that existed at the time of the previous separation, unless the employee had been dismissed for cause or has retired from a position covered by a state retirement system.

(h) The total service shall be verified by the Personnel Cabinet before the leave is credited to the employee's record.

(i) Sick leave may be accumulated with no maximum.

(2) Use and retention of sick leave.

(a) An appointing authority shall grant or may require the use of sick leave with or without pay if an employee:

Is unable to work due to medical, dental, or optical examination or treatment;
Is disabled by illness or injury. If requested by the appointing authority, the employee shall provide a statement from an appropriate medical health professional certifying the employee's inability to perform the employee's duties for the days or hours sick leave is requested. Before an employee may return to work, if requested by the appointing authority, the employee shall obtain and present a fitness-for-duty certification from an appropriate medical health care professional indicating the employee is able to resume work;
Is required to care for or transport a member of the employee's immediate family in need of medical attention for a reasonable period of time. If requested by the appointing authority, the employee shall provide a statement from an appropriate medical health professional certifying the employee's need to care for a family member;
Would jeopardize the health of the employee or others at the employee's work station because of a contagious disease or communicable condition. Before an employee may return to work, if requested by the appointing authority, the employee shall obtain and present a fitness-for-duty certification from an appropriate medical health care professional indicating the employee is able to resume work; or
Demonstrates behavior that might endanger the employee or others. Before an employee may return to work, if requested by the appointing authority, the employee shall obtain and present a fitness-for-duty certification from an appropriate medical health care professional indicating the employee is able to resume work.

(b) At the termination of sick leave with pay, the appointing authority shall return the employee to the employee's former position.

(c) An employee eligible for state contributions for life insurance pursuant to the provisions of KRS Chapter 18A shall have worked or been on paid leave, other than holiday or education leave, during any part of the previous month.

(d) An employee who is eligible for state contributions for health benefits pursuant to the provisions of KRS Chapter 18A shall have worked or been on paid leave, other than holiday or educational leave, during any part of the previous pay period.

(e) Sick leave shall be used in increments of one-quarter (1/4) hours.

(f) An employee who is transferred or otherwise moved from the jurisdiction of one (1) agency to another shall retain accumulated sick leave in the receiving agency.

(g) An employee shall be credited for accumulated sick leave if separated by proper resignation, layoff, or retirement.

(3) Sick leave without pay.

(a) An appointing authority shall grant sick leave without pay, without a change in the employee's personnel status, for the duration of an employee's impairment by injury or illness, if:

The leave does not exceed thirty (30) continuous calendar days; and
The employee has used or been paid for all accumulated annual, sick, and compensatory leave unless the employee has requested to retain up to ten (10) days of accumulated sick leave.

(b) Within an employee's first twelve (12) months of employment after initial appointment, an appointing authority shall grant sick leave without pay to an employee who does not qualify for family and medical leave due to lack of service time and who has exhausted all accumulated paid leave if the employee is required to care for an immediate family member, or for the duration of the employee's impairment by illness or injury, for a period not to exceed thirty (30) working days in a calendar year.

(4) Sick leave by personnel action.

(a) If the duration of an employee's impairment by illness or injury exceeds the sick leave without pay allotment of thirty (30) continuous calendar days, including holidays, the appointing authority shall place the employee on sick leave without pay by personnel action.

(b) The appointing authority shall notify the employee in writing that the employee is being placed on sick leave by personnel action.

(d) If requested by the appointing authority, the employee shall provide statements during the year from an appropriate medical health professional attesting to the employee's continued inability to perform the essential functions of the employee's duties with or without reasonable accommodation.

(e) If an employee has given notice of the employee's ability to resume duties following sick leave by personnel action, the appointing authority shall return the employee to the original position or to a position for which the employee is qualified and that resembles the former position as closely as circumstances allow. The appointing authority shall notify the employee in writing of the:

Effective date of the employee's return;
Position to which the employee is being returned;
Employee's salary upon return to work; and
Employee's new annual increment date, if applicable.

(f) If reasonable accommodation is requested, the employee shall:

Inform the employer; and
Upon request, provide supportive documentation from a certified professional.

(g) An employee shall be deemed resigned if the employee:

Has been on one (1) year continuous sick leave by personnel action;
Has been requested by the appointing authority in writing to return to work at least ten (10) days prior to the expiration of leave;
Is unable to return to the employee's former position or to a position for which the employee is qualified and that resembles the former position as closely as circumstances allow;
Has been given priority consideration by the appointing authority for a vacant, budgeted position with the same agency, for which the employee is qualified and is capable of performing its essential functions with or without reasonable accommodation; and
Has not been placed by the appointing authority in a vacant position.

(h) Sick leave granted pursuant to this subsection shall not be renewable after the employee has been medically certified as able to return to work.

(i) An employee with status who is deemed resigned pursuant to paragraph (g) of this subsection shall retain reinstatement privileges that were accrued during service in the classified service.

(5) Application for sick leave and supporting documentation.

(a) An employee shall file a written application for sick leave with or without pay within a reasonable time.

(b) Except for an emergency illness, an employee shall request advance approval for sick leave for medical, dental, or optical examinations, and for sick leave without pay.

(c) If the employee is too ill to work, the employee shall notify the immediate supervisor or other designated person. Failure, without good cause, to do so in a reasonable period of time shall be cause for denial of sick leave for the period of absence.

(d) An appointing authority may, for good cause and on notice, require an employee to supply supporting evidence in order to receive sick leave.

(e) If requested by the appointing authority, the employee shall submit a medical certificate signed by a licensed medical provider and certifying to the employee's incapacity, examination, or treatment.

(f) An appointing authority shall grant sick leave if the application is supported by acceptable evidence, but may require confirmation if there is reasonable cause to question the authenticity of the certificate or its contents.

Section 3. Family and Medical Leave.

(1) An appointing authority shall comply with the requirements of the Family and Medical Leave Act (FMLA) of 1993, 29 U.S.C. 2601 – 2654, and the federal regulations implementing the Act, 29 C.F.R. Part 825.

(2) An employee in state service shall qualify for up to twelve (12) weeks of unpaid family leave if the employee has:

(a) Completed twelve (12) months of service; and

(b) Worked or been on paid leave at least 1,250 hours in the twelve (12) months immediately preceding the first day of family and medical leave.

(3) Family and medical leave shall be awarded on a calendar year basis.

(4) An employee shall be entitled to a maximum of twelve (12) weeks of unpaid family and medical leave for the birth, placement, or adoption of the employee's child.

(5) While an employee is on unpaid family and medical leave, the state contribution for health and life insurance shall be maintained by the employer.

(6) Except as established in Section 4 of this administrative regulation, an employee shall use accrued paid leave concurrently with FMLA leave, except an employee may reserve up to ten (10) days of accumulated sick leave while on FMLA leave.

(a) If an employee reserves accumulated sick leave, the remaining FMLA leave shall be unpaid.

(b) The employee shall satisfy all requirements of this administrative regulation for use of accrued paid leave only in connection with the receipt of payment.

Section 4. Employer Paid Leave.

(1) A full-time employee shall be entitled to a maximum of six (6) weeks of continuous employer paid leave for one (1) or more of the following reasons:

(a) For the birth of a child and to care for the newborn child if the leave is taken within one (1) year of the child's birth;

(b) For placement with the employee of a child for adoption or foster care if the leave is taken within one (1) year of the child's placement; or

(2) Employer paid leave shall comply with the requirements of the FMLA of 1993, 29 U.S.C. 2601 – 2654, and the federal regulations implementing the Act, 29 C.F.R. Part 825. Any leave entitlements provided by the FMLA that are not specifically listed in this section shall not qualify for employer paid leave.

(3) Leave that qualifies as employer paid leave shall be so designated and shall be exhausted prior to the employee's use of other accrued leave for an employer paid leave qualifying condition.

(4) Upon exhaustion of employer paid leave, additional leave usage shall comply with the other provisions of this administrative regulation, including the requirement for medical documentation signed by a licensed medical provider certifying the employee's continued need for leave.

(5) Employer paid leave shall be used only on a continuous basis for absences of three (3) or more consecutive days.

(6) An employee shall be eligible for six (6) weeks of employer paid leave upon appointment.

(7) An employee shall request advance approval to use employer paid leave.

(8) Employer paid leave shall renew for a new six (6) week period following the completion of 120 months of service and following the completion of 240 months of service. Renewal shall void the remaining employer paid leave allotment so that the maximum amount of leave available pursuant to this section shall not exceed six (6) weeks.

(9) If an employee returns to work from employer paid leave but does not use the entire six (6) weeks of continuous employer paid leave, the remaining leave allotment may be utilized by the employee until renewal at 120 months of service or 240 months of service as established in subsection (8) of this section.

(10) If an employee returns to state service following a break in service, the leave allotment authorized in subsection (6) of this section shall not renew. The allotment schedule established in subsection (8) of this section shall not reset after a break in service.

(11) Upon separation from state service, an employee shall not be paid for any unused employer paid leave, and the unused balance of leave shall not be converted to any other type of leave or transfer to the employee's retirement account.

(12) If FMLA is applicable, an employee shall use employer paid leave concurrently with FMLA leave.

(13) An incumbent full-time employee shall be granted six (6) weeks of employer paid leave, which shall be used in accordance with this section.

Section 5. Court Leave.

(1) With prior notification to his or her supervisor, an employee shall be entitled to court leave during the employee's scheduled working hours without loss of time or pay for the amount of time necessary to:

(a) Comply with a subpoena by a court, administrative agency, or body of the federal or state government or any political subdivision thereof; or

(b) Serve as a juror.

(2) Court leave shall include necessary travel time.

(3) If relieved from duty as a juror or released from subpoena during the employee's normal working hours, the employee shall return to work or use annual or compensatory leave.

(4) An employee shall not be required to report as court leave attendance at a proceeding that is part of the employee's assigned duties.

(5) An employee shall not be eligible for court leave to comply with a subpoena if the employee or a member of the employee's family is a party to the proceeding.

Section 6. Compensatory Leave and Overtime.

(1) Accrual of compensatory leave and overtime.

(a) An appointing authority shall comply with the overtime and compensatory leave provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. Chapter 8.

(b) An employee who is directed to work, or who requests and is authorized to work, in excess of the prescribed hours of duty, shall be granted compensatory leave and paid overtime in accordance with the Fair Labor Standards Act, 29 U.S.C. Chapter 8, KRS Chapter 337, and this administrative regulation.

(c) An employee deemed to be "nonexempt" by the provisions of the FLSA shall be compensated for hours worked in excess of forty (40) per week as established by subparagraphs 1 through 3 of this paragraph.

An employee who has not accumulated the maximum amount of compensatory leave shall have the option to accumulate compensatory leave at the rate of an hour and one-half (1 1/2) for each hour worked in excess of forty (40) per week in lieu of paid overtime.
An employee's election to receive compensatory leave in lieu of paid overtime shall be in writing on the Overtime Compensation Form and shall remain in force for a minimum of three (3) months.

a. The employee's election shall be changed by the submission of a new form.

b. The effective date of a change shall be the first day of the next work week following receipt of the election.

c. The employing agency shall not mandate an employee's election of compensatory leave or paid overtime.

An employee who does not elect compensatory leave in lieu of paid overtime shall be paid one and one-half (1 1/2) times the regular hourly rate of pay for all hours worked in excess of forty (40) hours per week.

(d) An employee deemed to be "exempt" pursuant to the provisions of the FLSA shall accumulate compensatory time on an hour-for-hour basis for hours worked in excess of the regular work schedule.

(e) Compensatory leave shall be accumulated or used in increments of one-quarter (1/4) hours.

(f) The maximum amount of compensatory leave that may be carried forward from one (1) pay period to another shall be:

239.99 hours by an employee in a nonpolicy-making position; or
240 hours by an employee in a policy-making position.

(g) An employee who is transferred or otherwise moved from the jurisdiction of one (1) agency to another shall retain the compensatory leave in the receiving agency.

(2) Reductions in compensatory leave balances.

(a) An appointing authority may require an employee who has accrued at least 100 hours compensatory leave to use compensatory leave before annual leave and shall otherwise allow the use of compensatory leave if it will not unduly disrupt the operations of the agency.

(b) An appointing authority may require an employee who has accrued 200 hours of compensatory leave to take off work using compensatory leave in an amount sufficient to reduce the compensatory leave balance below 200 hours.

(c) An employee who is not in a policy-making position may, after accumulating 151 hours of compensatory leave, request payment for fifty (50) hours at the regular rate of pay. If the appointing authority or the designee approves the payment, an employee's leave balance shall be reduced accordingly.

(d) An employee who is not in a policy-making position shall be paid for fifty (50) hours at the regular hourly rate of pay upon accumulation of 240 hours of compensatory leave at the end of a pay period. If a work week is split between pay periods, then the 240 hours of compensatory leave required for payment shall be accrued at the end of the pay period following the split pay period week. The employee's leave balance shall be reduced accordingly.

(e) If an employee's prescribed hours of duty are normally less than forty (40) hours per week, the employee shall receive compensatory leave for the number of hours worked that:

Exceed the number of normally prescribed hours of duty; and
Do not exceed the maximum amount of compensatory time that is permitted.

(f) Only hours actually worked shall be used for computing paid overtime or time and one-half (1 1/2) compensatory time.

(g) Upon separation from state service, an employee shall be paid for all unused compensatory leave at the greater of the employee's:

Regular hourly rate of pay; or
Average regular rate of pay for the final three (3) years of employment.

Section 7. Military Leave.

(1) Upon request, an employee who is an active member of the United States Army Reserve, the United States Air Force Reserve, the United States Naval Reserve, the United States Marine Corps Reserve, the United States Coast Guard Reserve, the United States Public Health Service Reserve, or the National Guard shall be relieved from the civil duties, to serve under order or training duty without loss of the regular compensation for a period not to exceed the number of working days established in KRS 61.394 for a federal fiscal year.

(2) The absence shall not be charged to leave.

(3) Absence that exceeds the number of working days established in KRS 61.394 for a federal fiscal year shall be charged to annual leave, compensatory leave, or leave without pay.

(4) If requested by the appointing authority, the employee shall provide a copy of the orders requiring the attendance of the employee before military leave is granted.

(5) An appointing authority shall grant an employee entering military duty a leave of absence without pay for the period of duty in accordance with KRS 61.373. Upon receiving military duty leave of absence, all accumulated annual and compensatory leave shall be paid in a lump sum, if requested by the employee.

Section 8. Voting and Election Leave.

(1) An employee who is eligible and registered to vote shall be allowed, upon prior request and approval, leave up to four (4) hours for the purpose of voting or to appear before the county clerk to request an application for or to execute an absentee ballot. A supervisor, manager, or appointing authority may specify the hours an employee may be absent.

(2) An employee casting an absentee ballot shall record the leave on the day the employee's vote is cast by mail or in-person submission. An employee shall be regularly scheduled to work on the day the vote is cast in order to receive the leave.

(3) An election officer shall receive additional leave if the total leave for election day does not exceed a regular workday.

(4) The absence shall not be charged against leave.

(5) An employee who is allowed or required to work during the employee's regular work hours, in lieu of voting leave, shall be granted compensatory leave on an hour-for-hour basis for the hours during the times the polls are open, up to a maximum of four (4) hours.

Section 9. Funeral and Bereavement Leave.

(1) Upon the approval of the appointing authority, an employee who has lost an immediate family member by death may utilize five (5) days of accrued sick leave, compensatory leave, annual leave, or leave without pay if the employee does not have accrued leave, or a combination thereof.

(2) An appointing authority may approve the use of additional sick leave, compensatory leave, annual leave, or leave without pay if the employee does not have accrued leave, or a combination thereof, at the request of the employee following the loss of an immediate family member.

(3) For purposes of funeral and bereavement leave, an immediate family member shall include the employee's spouse, parent, grandparent, child, brother, or sister, or the spouse of any of them, and may include other relatives of close association if approved by the appointing authority.

Section 10. Special Leave of Absence.

(1) If approved by the secretary, an appointing authority may grant a leave of absence for continuing education or training.

(a) Leave may be granted for a period not to exceed twenty-four (24) months.

(b) If granted, leave shall be granted either with pay (if the employee contractually agrees to a service commitment) or without pay.

(c) Leave shall be restricted to attendance at a college, university, vocational, or business school for training in subjects that relate to the employee's work and will benefit the state.

(2) An appointing authority, with approval of the secretary, may grant an employee a leave of absence without pay for a period not to exceed one (1) year for purposes other than established in this administrative regulation that are of tangible benefit to the state.

(3) If approved by the secretary, an appointing authority may place an employee on special leave with pay for investigative purposes pending an investigation of a work-related incident, or pending an investigation of an allegation of employee misconduct, lack of good behavior, or unsatisfactory performance of duties.

(a) Leave shall not exceed sixty (60) working days.

(b) The employee shall be notified in writing by the appointing authority that the employee is being placed on special leave for investigative purposes, and the reasons for being placed on leave.

(c) If the investigation reveals no misconduct by the employee, records relating to the investigation shall be purged from agency and Personnel Cabinet files maintained in accordance with KRS 18A.020(2)(a).

(d) The appointing authority shall notify a current employee, in writing, of the completion of the investigation and the action taken.

(4) An appointing authority may place an employee on administrative leave with pay upon the employee's receipt of an intent to dismiss letter as authorized by KRS 18A.095(2)(c).

(5) Discretionary leave with pay.

(a) An appointing authority may grant, or the secretary may direct, discretionary leave with pay to an employee for a period not to exceed ten (10) working days in a calendar year when it is considered necessary for the welfare of the employee.

(b) Reasons for discretionary leave with pay shall be limited to work-related events.

(c) An appointing authority, with approval of the secretary, may renew discretionary leave with pay, not to exceed an additional twenty (20) working days.

(d) Leave granted pursuant to this subsection may be taken intermittently if authorized by the appointing authority.

Section 11. Absence Without Leave.

(1) An employee who is absent from duty without prior approval shall report the reason for the absence to the supervisor immediately.

(2) Unauthorized or unreported absence shall:

(a) Be considered absence without leave;

(b) Be treated as leave without pay for an employee covered by the provisions of the Fair Labor Standards Act, 29 U.S.C. Chapter 8; and

(3) An employee who has been absent without leave or notice to the supervisor for a period of five (5) working days shall be deemed resigned.

Section 12. Absences Due to Adverse Weather.

(1) With supervisor approval, an employee who is unable to report to work or chooses to leave early if there are adverse weather conditions, such as tornado, flood, blizzard, or ice storm, shall have the time of the absence reported as:

(a) Charged to annual or compensatory leave;

(b) Taken as leave without pay, if annual and compensatory leave has been exhausted; or

(2) An employee who is on prearranged annual, compensatory, or sick leave shall charge leave as originally requested.

(3) An employee who is approved to telecommute shall not be eligible for adverse weather leave unless his or her telecommuting equipment is not operational or cannot be accessed during scheduled telecommuting hours due to adverse weather conditions.

(4) An employee, including an employee in a mandatory operation, who has supervisor approval, shall be eligible to use paid adverse weather leave if:

(a) The amount of adverse weather leave shall not exceed one (1) working day in a calendar year based on the employee's weekly work schedule;

(b) The leave shall be used in increments of one-quarter (1/4) hours; and

(c) The unused portion of the one (1) day allotment for paid adverse weather leave shall expire upon separation from employment or at the end of the calendar year, whichever comes first.

(5) If catastrophic, life-threatening weather conditions occur, as created by a tornado, flood, ice storm, or blizzard, and it becomes necessary for authorities to order evacuation or shut-down of the place of employment, the provisions established in paragraphs (a) and (b) of this subsection shall apply.

(a) An employee who is required to evacuate or who would report to a location that has been shut down shall not be required to make up the time that is lost from work during the period officially declared hazardous to life and safety.

(b) An employee who is required to work in an emergency situation shall be compensated pursuant to the provisions of Section 6 of this administrative regulation and the Fair Labor Standards Act, 29 U.S.C. Chapter 8.

Section 13. Blood Donation Leave.

(1) An employee who, during scheduled work hours, donates whole blood at a licensed blood center certified by the Food and Drug Administration shall receive four (4) hours leave time, with pay, for the purpose of donating and recuperating from the donation.

(2) Leave granted pursuant to this section shall be used if the blood is donated unless circumstances as established by the supervisor required the employee to return to work. If the employee returns to work, the unused portion of the leave time shall be credited as compensatory leave.

(3) An employee shall request leave in advance to qualify for blood donation leave.

(4) An employee who is deferred from donating blood shall not:

(a) Be charged leave time for the time spent in the attempted donation; and

(b) Qualify for the remainder of the blood donation leave.

(5) A donation initiated or attempted during an employee's lunch period is outside of scheduled work hours and shall not qualify for any amount of blood donation leave.

Section 14. Incorporation by Reference.

(1) "Overtime Compensation Form", May 2013, is incorporated by reference.

History

RELATES TO: KRS 18A.020, 18A.030, 18A.095, 18A.110, 18A.140, 18A.145, 18A.195, 18A.990, 61.373, 61.394, 118.035, 344.030, 337, 29 C.F.R. 825, 29 U.S.C. 201 – 219, 2601 – 2654
STATUTORY AUTHORITY: KRS 18A.030(2)(b), 18A.110, 29 U.S.C. 201 – 219, 2601 – 2654
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.030(2)(b) requires the Secretary of the Personnel Cabinet to promulgate administrative regulations, consistent with KRS Chapter 18A and federal standards, for the administration of a personnel system. KRS 18A.110(7)(f) requires the secretary, with the approval of the Governor, to promulgate administrative regulations that govern annual leave, sick leave, special leaves of absence, and other conditions of leave. This administrative regulation establishes the leave requirements for classified employees.
History: 101 KAR 002:102. 26 Ky.R. 261; Am. 569; eff. 8-25-99; 1991; 27 Ky.R. 61; eff. 7-17-2000; 28 Ky.R. 1172; 1603; eff. 1-14-2002; 36 Ky.R. 416; 1002; eff. 12-4-2009; TAm eff. 5-4-2010; 38 Ky.R. 484; eff. 9-28-11; 38 Ky.R. 1171; eff. 7-6-2012; 39 Ky.R. 2365; 40 Ky.R. 261; eff. 9-6-13; 41 Ky.R. 2113; 2538; eff. 7-6-2015; 46 Ky.R. 558, 1080; eff. 11-1-2019; 48 Ky.R. 2797; 49 Ky.R. 549; eff. 9-27-2022; TAm eff. 1-12-2023; 51 Ky.R. 1498; 52 Ky.R. 22; eff. 9-30-2025.

Section 1. Definitions.

(1) "Employee" is defined by KRS 18A.196(1).

(2) "Immediate family" means:

(a) The employee's spouse, mother, father, grandparent, son, or daughter; or

(b) A person of similarly close relationship:

Who has resided with the employee for at least thirty (30) days prior to application; or
For whom the employee is legally responsible.

(3) "Medically certified illness, injury, impairment, or physical or mental condition" means a disabling medical condition which has rendered or will render the employee completely incapable of performing the essential duties of the job due to:

(a) The employee's personal illness; or

(b) The medically certified necessity that the employee care for an eligible immediate family member.

Section 2. Eligibility to Donate or Receive Sick Leave.

(1) An employee shall not qualify to donate or receive sick leave under the sick leave sharing program if the employee:

(a) Is not in active payroll status; or

(b) Has:

Resigned;
Retired; or
Been placed in unpaid leave status by a personnel action.

(2) To request donated sick leave due to a medically certified illness, injury, impairment, or physical or mental condition of the employee or an eligible immediate family member, an employee shall complete a Sick Leave Sharing Application.

(3) To donate sick leave, an employee shall complete a Sick Leave Sharing Donation Form.

Section 3. Procedures and Restrictions.

(1) The ten (10) consecutive days of leave required for eligibility shall be leave with or without pay.

(2) Sick leave sharing shall not be authorized for mere convenience or employee preference.

(3) Sick leave shall not be donated to an employee regularly scheduled to work thirty seven and one-half (37.5) hours per week in an amount less than seven and one-half (7.5) hours. Sick leave shall not be donated to an employee regularly scheduled to work forty (40) hours per week in an amount less than eight (8) hours.

(4) If multiple donors donate sick leave to an eligible recipient, agencies shall transfer leave in chronological order of receipt of the donation forms, up to the maximum amount that has been certified to be needed by the recipient.

(5) The applicant for sick leave sharing shall be responsible for filing:

(a) The appropriate medical certificates certifying the medical necessity; and

(b) The Sick Leave Sharing Application.

(6) Donated sick leave shall not be utilized retroactively except to cover the period between the date the request was submitted to the employee's supervisor or agency representative and the date of approval by the appointing authority.

(7) The sick leave sharing recipient shall be responsible for monitoring the amount of sick leave donated and used.

(8) Except as provided by subsection (9) of this section, donated sick leave shall be used:

(a) In the order in which it is donated; and

(b) On consecutive days.

(9) Leave that an employee accrues while receiving donated sick leave shall be used before donated sick leave.

(10) When the recipient of donated leave returns to work, unused donated leave shall be restored to the donors in reverse order of donation, unless the recipient provides medical evidence that continued, periodic medical treatment relating to the original condition for which leave was donated is required.

(11) If a sick leave donor resigns, retires, or is otherwise terminated from state employment before the process of transferring leave to the recipient has begun, the leave shall not be available for use by the recipient.

(12) An appointing authority may require a sick leave recipient to provide an updated medical certificate attesting to the continued need for leave after thirty (30) working days of sick leave.

(13) An employee receiving workers' compensation benefits shall be eligible to receive shared sick leave to maintain a regular level of pay.

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Sick Leave Sharing Application", March 2011; and

(b) "Sick Leave Sharing Donation Form", March 2011.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Personnel Cabinet, 501 High Street, Third Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.

History

RELATES TO: KRS 18A.110(1)(h), (7)(g), 18A.196, 18A.197
STATUTORY AUTHORITY: KRS 18A.030(2)(b), 18A.110(1)(h), (7)(g), 18A.197(9)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.030(2)(b) requires the Secretary of Personnel to promulgate administrative regulations, consistent with KRS Chapter 18A and federal standards, for the administration of a personnel system. KRS 18A.110(1)(h) and (7)(g) require the secretary to promulgate administrative regulations governing various types of work leave, including sick leave. KRS 18A.197(9) requires the secretary to promulgate administrative regulations to implement the sick leave sharing program. This administrative regulation establishes the sick leave sharing procedures.
History: 20 Ky.R. 1723; Am. 2612; eff. 2-3-1994; 26 Ky.R. 100; 572; eff. 8-25-1999; 38 Ky.R. 646; 893; eff. 11-16-2011; 41 Ky.R. 2118; 2542; eff. 7-6-2015; Cert. eff. 4-28-2022.

Section 1. Definition. "Employee" is defined by KRS 18A.005(14).

Section 2. Eligibility to Donate or Receive Annual Leave.

(1) An employee shall not qualify to donate or receive annual leave under the Annual Leave Sharing Program if the employee:

(a) Is not in active payroll status; or

(b) Has:

Resigned;
Retired; or
Been placed in unpaid leave status by a personnel action.

(2) To request donated annual leave, an employee shall complete an Annual Leave Sharing Application.

(3) To donate annual leave, an employee shall complete an Annual Leave Sharing Donation Form.

Section 3. Procedures and Restrictions.

(1) The ten (10) consecutive days of leave required for eligibility by KRS 18A.203 shall be leave with or without pay.

(2) The total amount of shared annual leave that may be received or used by an eligible employee for the purposes specified by this administrative regulation shall be limited to 200 work hours per each qualifying event.

(3) Annual leave sharing shall not be authorized for mere convenience or employee preference.

(4) Annual leave shall not be donated to an employee regularly scheduled to work thirty-seven and one-half (37.5) hours per week in an amount less than seven and one-half (7.5) hours. Annual leave shall not be donated to an employee regularly scheduled to work forty (40) hours per week in an amount less than eight (8) hours.

(5) If multiple donors donate annual leave to an eligible recipient, agencies shall transfer leave in chronological order of receipt of the donation forms, up to the maximum amount that has been certified to be needed by the recipient or 200 work hours, whichever is less.

(6) The applicant for annual leave sharing shall be responsible for filing the Annual Leave Sharing Application.

(7) Donated annual leave shall not be utilized retroactively except to cover the period between the date the request was submitted to the employee's supervisor or agency representative and the date of approval by the appointing authority.

(8) The annual leave sharing recipient shall be responsible for monitoring the amount of annual leave donated and used.

(9) Except as provided by subsection (10) of this section, donated annual leave shall be used:

(a) In the order in which it is donated; and

(b) On consecutive days.

(10) Any leave that an employee accrues while receiving donated annual leave shall be used before donated annual leave.

(11) When the recipient of donated leave returns to work, unused donated leave shall be restored to the donors in reverse order of donation, unless the recipient provides evidence that the original condition for which annual leave was donated will continue.

(12) If an annual leave donor resigns, retires, or is otherwise terminated from state employment before the process of transferring leave to the recipient has begun, the leave shall not be available for use by the recipient.

Section 4. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Annual Leave Sharing Application", October 2011; and

(b) "Annual Leave Sharing Donation Form", October 2011.

History

RELATES TO: KRS 18A.025(3)(c)1d, 18A.203
STATUTORY AUTHORITY: KRS 18A.030(2)(b), 18A.110(1)(h), (7)(g), 18A.203(9)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.030(2)(b) requires the Secretary of Personnel to promulgate administrative regulations, consistent with KRS Chapter 18A and federal standards, for the administration of a personnel system. KRS 18A.110(1)(h) and (7)(g) require the secretary to promulgate administrative regulations governing various types of work leave, including annual leave. KRS 18A.203(9) requires the secretary to promulgate procedural administrative regulations to implement the Annual Leave Sharing Program. This administrative regulation establishes the procedures for the Annual Leave Sharing Program established by KRS 18A.203.
History: 27 Ky.R. 1382; 1766; eff. 1-15-2001; 38 Ky.R. 648; 894; eff. 11-16-2011; 41 Ky.R. 2120; 2543; eff. 7-6-2015; Cert. eff. 4-28-2022.

101 KAR 2:120 Incentive programs {#sec-101-kar-2-120 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:120}

Section 1. Employee Suggestion System.

(1) Eligibility.

(a) An employee with status in the classified service or an employee governed by KRS Chapter 16 may be recognized and rewarded for submitting a suggestion that results in the improvement of state service or in the realization of financial savings by the state.

(b) A suggestion shall be a positive idea that:

Explains how to improve methods, equipment, or procedures;
Reduces time or cost of a work operation;
Creates a safer work environment;
Increases revenue; or
Improves relationships with or services for the public.

(2) Administration.

(a) Before January 1 of each calendar year, each cabinet or independent agency head shall appoint, in writing, an employee suggestion coordinator.

(b)

An employee shall use the Employee Suggestion Form to submit a suggestion.
Once an employee submits a suggestion to his or her cabinet or agency, the coordinator shall review the request to ensure it meets the eligibility requirements in subsection (1) of this section.

To the coordinator of the affected agency, which is the agency implementing the suggestion, if applicable;
To a designated evaluator in the affected agency, who shall be a person with expertise in the area under consideration. The evaluator shall review the suggestion to determine whether the suggestion shall be implemented;
To a budget representative in the affected agency, who shall determine if sufficient funds are available to fund the award; and
To the appointing authority or the appointing authority's designee of the affected agency.

(d) The decision of the appointing authority or the appointing authority's designee shall be final, except as provided by subsection (4) of this section.

(e) Upon approval and implementation of the employee's suggestion, the agency that implemented the suggestion shall provide notice of the approval and implementation to the suggester's agency coordinator, to include total cash savings. If cash savings are unknown at the time of implementation, the affected agency shall provide documentation of cash savings within one (1) year and one (1) month of the implementation date to the suggester's agency coordinator.

(3) General provisions.

(a) A suggestion shall be eligible for an award only after legislative action or administrative regulation changes, if required, have been completed, which shall be the responsibility of the agency that desires to implement the suggestion.

(b) The following suggestions shall not be eligible for a cash award:

A suggestion that falls within the scope of the duties of the suggester, which shall include a specific set of tasks assigned to the suggester or established in the position description or job specification of the suggester upon submission of the suggestion;
A suggestion which includes a proposal to perform routine maintenance operations or follow manufacturer's recommendations;
A suggestion to make a change that has been documented in writing as already under consideration by those administratively responsible;
A suggestion that corrects an error or condition that exists because established procedures were not followed;
A suggestion arising from a documented request from agency leadership requesting ideas or proposals relating to new programs, initiatives, or changes to an existing program or initiative; or
A suggestion made by a coordinator.

(c) If more than one (1) suggester makes significant contributions to the idea, the suggestion may be submitted jointly, and an award granted shall be divided equally between or among the suggesters.

(d)

The first suggestion received shall take precedence over all future suggestions having the same purpose.
If two (2) or more similar suggestions are received on the same day, an award granted shall be divided equally between or among the suggesters.

(e)

The suggester shall be notified in writing of the disposition of the suggestion within ninety (90) calendar days of receipt by the suggester's agency coordinator.
If extenuating circumstances exist, the agency shall be granted an extension if a written explanation is provided to the suggester outlining the need for the extension and the estimated period of time needed to respond. If additional time is needed beyond the estimated time, the agency shall submit another written explanation again outlining the need for the extension and the estimated time to respond.

(f) A suggestion shall be considered to be active and eligible for an award until the suggester is notified in writing that the suggestion has been approved, denied, or closed.

(g) If the suggestion is denied or closed, the suggester's agency coordinator shall notify the suggester in writing stating the reason it was denied or closed.

(4) Reconsideration.

(a) A suggester may request reconsideration of a suggestion that was denied or closed by the cabinet or agency.

(b)

The suggester shall request reconsideration in writing and shall set forth the basis for the request.

a. The request shall be filed with the suggester's agency coordinator within thirty (30) calendar days of the date that written notice of denial or closing is provided to the suggester.

b. If the thirtieth day falls on a day that the cabinet or agency office is closed during regular work hours, the request may be filed on the next work day.

(c) Within thirty (30) calendar days, the cabinet or agency shall act on the request for reconsideration and notify the suggester in writing of the reason for the decision.

(d) If an eligible suggestion is denied or closed and conditions under which it was originally considered have changed, the suggester may resubmit the suggestion.

(5) Payment.

(a) An award of cash payment shall be in accordance with KRS 18A.202.

The cash payment shall be calculated based upon the amount saved over the period of one (1) year minus implementation costs.

a. The payment for the award shall be issued by the Personnel Cabinet within thirty (30) calendar days after receiving the affected agency's notice of implementation and final approval of the suggestion.

b. Funds for payment shall come from the agency or agencies implementing the suggestion, if sufficient funds are available to fund the award.

c. If applicable, the funding agency may interaccount other agencies implementing the suggestion for a proportionate share of the total award amount.

(b)

If a suggestion has been approved by the appointing authority or the appointing authority's designee and has resulted in a financial savings to the state, the suggester shall be compensated in an amount of ten (10) percent of the amount saved over the twelve (12) month period following implementation of the suggestion, with a minimum of $100 and a maximum of $2,500.
If a suggestion approved by the appointing authority or his or her designee results in an intangible improvement in state service, the suggester shall be compensated in the amount of $100.
Upon the suggester's receipt of compensation, the suggestion shall become the property of the state.

Section 2. Adoption Benefit Program.

(1)

(a) A state employee who finalizes a legal adoption procedure for the adoption of a child, other than the child of a spouse, between November 1, 1998, and October 21, 2019, shall be eligible to receive reimbursement for direct costs associated with the adoption of a special needs child, as defined by KRS 199.555(1), or any other child.

(b) The eligible employee shall receive:

Up to $5,000 in unreimbursed direct costs related to the adoption of a special needs child; or
Up to $3,000 in unreimbursed direct costs related to the adoption of any other child.

(2)

(a) A state employee who finalized a legal adoption procedure for the adoption of a child, other than the child of a spouse, on or after October 22, 2019, shall be eligible to receive reimbursement of direct costs associated with the adoption of a child.

(b) In addition to or instead of reimbursement of direct costs, a state employee may request and receive a stipend.

(c) The combined total of stipend and reimbursement of direct costs per adoption of a special needs child shall not exceed $7,000.

(d) The combined total of stipend and reimbursement of direct costs per adoption of every other child shall not exceed $5,000.

(3) Unreimbursed direct costs related to the adoption of a special needs child or other child shall include:

(a) Licensed adoption agency fees;

(b) Legal fees;

(d) Court costs; and

(e) Other fees or costs associated with child adoption in accordance with state and federal law.

(4) Application for financial assistance shall be made to the Secretary of Personnel along with documentary evidence of:

(a) Finalization of the adoption;

(b) Certification by the Secretary of the Cabinet for Health and Family Services that the adopted child is a special needs child, if assistance for special needs adoption is sought; and

(5) If both adoptive parents are state employees, the application for financial assistance shall be made jointly and the amount of reimbursement of costs and stipend shall be limited to that specified in subsections (1) and (2) of this section.

(6) Upon approval of the application for financial assistance, if sufficient funds are available, the employee's agency shall dispense funds in the amount authorized by the Secretary of Personnel.

Section 3. Incorporation by Reference.

(1) "Employee Suggestion Form", February 2020, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Personnel Cabinet, 501 High Street, 3rd Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. The material incorporated by reference is also available on the Personnel Cabinet's website at: https://personnel.ky.gov/Pages/mir.aspx.

History

RELATES TO: KRS 18A.202, 199.555(1)
STATUTORY AUTHORITY: KRS 18A.030(2), 18A.110(1)(d), 18A.202(1), EO 2019-787
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.110(1)(d) requires the Secretary of Personnel to promulgate administrative regulations to implement work-related incentive programs for state employees. KRS 18A.202(1) authorizes the secretary to establish work-related incentive programs for state employees. Executive Order 2019-787 authorizes the secretary to promulgate administrative regulations for state employee adoption benefits. This administrative regulation establishes the requirements for an employee suggestion system incentive program and a state employee adoption benefit program.
History: 101 KAR 002:120. 13 Ky.R. 430; eff. 9-4-1986; Am. 15 Ky.R. 830; eff. 10-12-1988; 26 Ky.R. 101; 573; eff. 8-25-1999; 34 Ky.R. 614; 964; eff. 12-7-2007; 36 Ky.R. 1516; 2038-M; eff. 4-2-2010; 42 Ky.R. 88; eff. 10-2-2015; 46 Ky.R. 1915, 2386; eff. 6-2-2020; 52 Ky.R. 414, 942; eff. 3-3-2026.

101 KAR 2:140 Workers' Compensation Fund and Program {#sec-101-kar-2-140 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:140}

Section 1. Workers' Compensation Fund. The self-insured workers' compensation fund and program established by KRS 18A.375(1) shall cover all eligible employees.

Section 2. Eligibles.

(1) A state employee, as defined by KRS 18A.370, shall be eligible to participate in the program.

(2) Other state related groups shall be included upon written agreement with the Personnel Cabinet.

Section 3. Assessments. The assessment for an individual agency shall be based on the claims history for the past three (3) years and on the number of employees in the agency. Premiums shall be calculated each budgetary biennium. Premiums shall be assessed at the beginning of each fiscal year.

(1) A biennial actuarial study shall be carried out to insure the fund's fiscal soundness.

(2) A fund deficit shall be recouped through an interim billing or additional assessment if deemed necessary by an actuarial study.

Section 4. Benefits.

(1) Benefits shall be provided in accordance with Kentucky Workers' Compensation law, including KRS Chapter 342.

(2)

(a) For an absence due to illness or injury for which workers' compensation benefits are received, if the employee elects to accept the workers' compensation benefits, accumulated leave may be used in order to maintain regular full salary.

(b) An employee electing to utilize accumulated leave shall complete and submit a Workers' Compensation Request to Use Accumulated Leave, Form WCF-2, to the employee's personnel unit.

(c) If paid accumulated leave is used, workers' compensation income benefits shall be remitted to the employee's agency for whatever period of time an employee received paid leave.

(d) An employee shall not receive and retain the benefit of paid leave and workers' compensation income benefits for the same period of time.

(e) The employee's accumulated leave shall be reinstated to the employee's leave balance to the extent that workers' compensation benefits are remitted to the employee's agency.

(f) An agency shall not restore accumulated leave until the workers' compensation check or payment, endorsed or approved by the employee, is received by the agency.

(g) If an employee does not return the endorsed or approved workers' compensation check or payment, but retains the full benefit of paid leave, the agency may deduct a sum equal to unremitted workers' compensation income benefits from the employee's regular payroll check.

(h)

The employee may revoke this authority at any time by providing written notification to the agency.
Revocation shall not apply to any workers' compensation income benefits for those periods of time for which the employee received paid leave.

Section 5. Notification Procedures.

(1) Employee requirements. An employee shall inform the supervisor of an injury or illness as soon as physically able to do so.

(2) Supervisor requirements.

(a) The supervisor shall:

Complete the employer's First Report of Injury or Illness, Form IA-1, which is incorporated by reference in 803 KAR 25:170. The supervisor shall give specific information about the injury or illness on the form; and
Submit the form to the designated office in the agency within three (3) working days after the supervisor is notified of an injury or illness to insure timely payments to the employee.

(b) A Lost Time and Return to Work Form, Form WCF-1, shall be submitted by the employee's supervisor or personnel representative if an employee is losing time from work due to a work-related injury or illness. The supervisor or personnel representative shall notify the employee's personnel unit when the employee returns. The personnel unit shall submit Form WCF-1 to the Personnel Cabinet.

(c) All documentation received by an agency relating to the workers' compensation claim shall be submitted to the Personnel Cabinet as soon as possible.

(d) A safety representative in each agency shall be notified of each accident so that the representative may review accident causes and provide safety training. A supervisor shall promote safety with employees.

Section 6. Recordkeeping. All records maintained by the Personnel Cabinet and by an agency with respect to an employee claim under this administrative regulation shall be confidentially maintained.

Section 7. Agency Withdrawal and Readmission to Program.

(1) If an agency included in the fund as a result of the employment of persons defined in KRS 18A.370 desires to withdraw from the program, the agency shall provide the Personnel Cabinet with written notice of its intent to withdraw no later than thirty (30) calendar days prior to the end of the current fiscal year. If the notice is timely submitted, the agency may elect to withdraw at the end of the current fiscal year.

(2) An agency that withdraws from the program may be readmitted to the program at the discretion of the Personnel Cabinet, based on compliance with the provisions in subsections (3), (4), and (5) of this section.

(3) As a condition of withdrawal, the agency shall reimburse the Commonwealth for all claims incurred by its employees, but not reported to the fund prior to the effective date of withdrawal, without regard to the length of time after the withdrawal date that the claims are actually received by the Personnel Cabinet.

(a) The Commonwealth shall bill the agency on a quarterly basis for the cost of claims that were incurred but not reported as of the date of withdrawal until all claims have been submitted and processed.

(b) The agency shall reimburse the Commonwealth within thirty (30) calendar days of receipt of the itemized statement of payments made on the agency's behalf.

(4) If an agency that has withdrawn from the program desires to seek readmission to the fund, the Personnel Cabinet may restore the agency to the fund upon review and evaluation of the agency's claims and payment history.

(5) If the Personnel Cabinet approves the agency's restoration to the fund, the Personnel Cabinet shall assess a premium based on:

(a) Claims experience over the preceding three (3) years; and

(b) The current number of employees in the agency.

Section 8. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Lost Time and Return to Work Form", Form WCF-1, January 2025; and

(b) "Workers' Compensation Request to Use Accumulated Leave", Form WCF-2, November 2025.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Personnel Cabinet, 501 High Street, 3rd Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. The material incorporated by reference is also available on the Personnel Cabinet's website at: https://personnel.ky.gov/Pages/mir.aspx.

History

RELATES TO: KRS 18A.110, 18A.370, 18A.375, Chapter 342
STATUTORY AUTHORITY: KRS 18A.110(7)(h), 18A.380
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.110(7)(h) requires the Secretary of Personnel to promulgate administrative regulations to implement programs to provide for the safety, health and welfare of state employees. KRS 18A.380 requires the cabinet to promulgate administrative regulations for the administration of the state employee workers' compensation fund established by KRS 18A.375. This administrative regulation establishes requirements for the workers' compensation fund and program for state employees.
History: 101 KAR 002:140. 15 Ky.R. 886; eff. 10-12-88; Am. 26 Ky.R. 103; 575; eff. 8-25-99; 27 Ky.R. 192; 737; eff. 9-11-2000; 38 Ky.R. 1176; 1944; eff. 7-6-12; Crt eff. 2-13-2020; 52 Ky.R. 417, 944; eff. 3-3-2026.

101 KAR 2:150 State Safety Program {#sec-101-kar-2-150 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:150}

Section 1. Establishment of State Safety Program.

(1) A state safety program shall be established and administered through the Personnel Cabinet, and headed by a state safety coordinator.

(2) An appointing authority shall designate an agency safety representative for each site location.

(3) The state safety program shall comply with the occupational health and safety requirements established in KRS Chapter 338 and the administrative regulations promulgated by the Kentucky Occupational Safety and Health Program in 803 KAR Chapter 2.

Section 2. Duties of Agency Safety Representative.

(1) Each agency safety representative shall:

(a) Implement and supervise a safety program;

(b) Attend safety meetings sponsored by the Personnel Cabinet;

(d) Document preventive safety measures; and

(e) Promote safety of employees.

(2) The agency safety representative may establish an agency safety committee, to meet on a regular basis for:

(a) Review of causes of accidents;

(b) Inspection of facilities;

(d) Assessment of safety training needs.

Section 3. Duties of Supervisors.

(1) A supervisor shall:

(a) Review the safety program with new employees;

(b) Enforce general safety regulations and procedures;

(d) Require employees to follow safety regulations and procedures.

(2) A supervisor or designee shall investigate each accident and shall forward a report on the findings to the state safety coordinator in the Personnel Cabinet.

(3) A supervisor shall require an employee to attend a regular safety meeting and training session at a time to be determined in coordination with the agency safety representative.

History

RELATES TO: KRS 18A.030(2)(l), 18A.110(7)(i), 18A.155
STATUTORY AUTHORITY: KRS 18A.030(2)(i), 18A.110(7)(i), 18A.155
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.110(7)(i) requires the Secretary of Personnel to promulgate administrative regulations, for the development, operation and enforcement of programs to improve work safety. This administrative regulation establishes the state safety program.
History: 15 Ky.R. 888; eff. 10-12-88; 16 Ky.R. 1213; eff. 2-3-90; 26 Ky.R. 105; 576; eff. 8-25-99; Crt eff. 2-13-2020.

101 KAR 2:160 Kentucky Employee Assistance Program (KEAP) {#sec-101-kar-2-160 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:160}

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.

History

RELATES TO: KRS 18A.030(2)(i), 18A.110(7)(I), 18A.155(1)(e)
STATUTORY AUTHORITY: 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).
History: 15 Ky.R. 889; eff. 10-12-1988; 16 Ky.R. 1214; eff. 2-3-1990; 26 Ky.R. 412; 715; eff. 9-2-1999; 41 Ky.R. 2121; eff. 7-6-2015; Cert. eff. 4-28-2022.

101 KAR 2:190 Employee performance management system {#sec-101-kar-2-190 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:190}

Section 1. General Provisions.

(1) The provisions of this administrative regulation shall be effective beginning with 2020 performance year activities.

(2) The annual performance period shall be one (1) calendar year beginning on January 1.

(3) Annual performance evaluations shall be completed no later than January 31 after the end of the annual performance period.

(4) All agencies shall use the Annual Performance Evaluation process established by the secretary.

(5)

(a) Except as provided in paragraph (b) or (c) of this subsection, the first line supervisor of an employee when the evaluation is due shall be the evaluator unless otherwise directed by the appointing authority and approved by the Personnel Cabinet.

(b) If the first line supervisor has not supervised the employee for at least sixty (60) calendar days during the performance year, the next line supervisor who meets the sixty (60) day requirement shall be the evaluator for the final evaluation.

(c) If an employee changes jobs or reports to a different supervisor on or before November 1 of the performance year, the agency shall transfer all performance evaluation documentation for the performance year to the new evaluator for incorporation in the year-end interim review and final evaluation.

(d) If an employee changes jobs or reports to a different supervisor after November 1 of the performance year, the year-end interim review and final evaluation shall be completed by the former supervisor.

(6)

(a) Except as provided in paragraph (b) of this subsection, the evaluator shall establish an annual performance plan for each eligible employee no later than January 31 after the start of the annual performance period.

(b) If an employee's position or job title changes during the performance year, the evaluator shall establish a new performance plan no later than thirty (30) calendar days after the start of the position or job title change unless otherwise directed by the appointing authority and approved by the Personnel Cabinet, or directed by the Personnel Cabinet. The new performance plan shall become a part of the original annual performance evaluation documentation.

(7) The evaluator shall meet with the employee when completing the performance plan to discuss job duties and expectations.

(8) The evaluator shall present and explain all documentation relevant to an employee's annual performance evaluation.

(9) The Personnel Cabinet or approved agency personnel shall provide supervisor evaluation training on the annual performance evaluation process.

(a) The appointing authority shall require that supervisor evaluation training is completed prior to completing performance planning, interim reviews, and final evaluations of employees.

(b) The Personnel Cabinet and participating agencies shall monitor compliance with supervisor evaluation training requirements.

(10) An employee shall complete orientation to the performance evaluation process prior to January 1 of the employee's initial performance evaluation period.

Section 2. Employee Eligibility. Annual performance evaluations shall be completed for all full-time classified employees with status at the beginning of the performance year who have remained in continuous merit status throughout the performance year.

Section 3. Performance Planning.

(1) The annual performance plan shall specify job competencies, goals, and expectations for the employee in categories established by the secretary.

(2) The employee's job duties and goals shall be consistent with the position description.

(3) The evaluator shall develop the annual performance plan in consultation with the employee.

(a) The employee and evaluator shall certify that the employee has met with the evaluator and is aware of the annual performance plan.

(b) The next line supervisor shall certify that he or she has reviewed the competencies and goals.

Section 4. Performance Coaching and Feedback.

(1) Modification of the performance plan may occur during the annual performance period if the changes are consistent with the duties reflected on an employee's position description. The evaluator shall meet with the employee to review changes to the performance plan.

(2) Interim reviews shall be required during a performance year as specified by the secretary.

(a) The evaluator shall document the interim reviews.

Interim reviews shall not contain a rating.
The interim reviews shall contain comments by the evaluator for each competency and goal.

(b) The evaluator shall schedule interim reviews to discuss performance. The employee and evaluator shall certify that the interim reviews occurred.

(c) For consideration in the final evaluation, the employee may submit pertinent comments relating to the interim review within five (5) working days of the interim review meeting. The appointing authority may extend the comment period if the employee is unable to submit pertinent comments within five (5) working days.

(d) The mid-year interim period is January 1 through June 30, and the year-end interim period is July 1 through December 31.

(e) The mid-year interim review shall be completed no later than July 31 after the end of the interim review period, and the year-end interim review shall be completed no later than January 31 after the end of the interim review period.

(f) Interim reviews shall document performance to justify the annual performance evaluation rating.

Section 5. Final Evaluations and Ratings.

(1) The evaluator and the employee shall meet no later than January 31 after the performance period ends to discuss and explain the final evaluation.

(2) Eligible employees shall be evaluated on job competencies, goals, and expectations set forth in his or her performance plan.

(3) The final evaluation shall consist of a defined rating as established by the secretary.

(4) Unresolved disagreements on ratings or any aspect of the annual performance evaluation shall be reviewed through the reconsideration process established in Section 7 of this administrative regulation.

(5) Signatures of the evaluator, employee, and next line supervisor shall be required on the final evaluation. For the purpose of evaluating or managing the performance of the evaluator, the next line supervisor's signature shall certify that he or she is aware of the evaluation and has reviewed it.

Section 6. Performance Incentives. Annual leave shall be awarded as a performance incentive as specified in KRS 18A.110(7)(j).

Section 7. Reconsideration and Appeal Process.

(1) Within five (5) working days of the final evaluation meeting, an employee may request reconsideration of the annual performance evaluation by the evaluator.

(2) If the employee refuses to sign the final evaluation, the evaluation shall not be eligible for reconsideration.

(3) Within five (5) working days of the receipt of the request for reconsideration, the initial reconsideration shall be conducted by the evaluator.

(4) The next line supervisor shall review the request for reconsideration within ten (10) working days of receipt of the request for reconsideration.

(5) The next line supervisor shall inform both the employee and evaluator of the decision.

(6) If either the evaluator or the next line supervisor does not respond to the request for reconsideration in the designated time period, the employee may submit a written request to their appointing authority for response to the request for reconsideration and compliance with this section. The written request to the appointing authority shall be submitted within ten (10) working days after expiration of the time periods established in subsections (3) and (4) of this section.

(7) Within sixty (60) calendar days after an employee has received the reconsideration decision, the employee who has complied with this administrative regulation may appeal a final evaluation which has an overall rating in either of the two (2) lowest overall ratings to the Personnel Board.

Section 8. Evaluation-based Agency Action. If an employee receives an overall rating of unacceptable, the agency shall:

(1) Demote the employee to a position commensurate with the employee's skills and abilities; or

(2) Terminate the employee.

Section 9. Exceptions.

(1) Except as requested in writing by the appointing authority and authorized by the secretary, all agencies shall comply with the provisions of this administrative regulation.

(2) If the secretary approves an exception, the exception decision shall be sent, in writing, to the appointing authority within ten (10) working days of receiving the request for exception.

(3) The written justification and the secretary's approval of the exception request shall be placed in the employee's agency personnel file.

Section 10. Applicability to the Unclassified Service.

(1) Within an organizational unit, all unclassified employees in KRS Chapter 18A federally funded time-limited or grant funded time-limited positions may be subject to the provisions of this administrative regulation at the option of the appointing authority, except unclassified employees shall not be eligible for the performance incentive award specified in KRS 18A.110(7)(j).

(2) Evaluations performed pursuant to this section are final and shall not be appealable to the Personnel Board except as provided by KRS 18A.005(15).

Section 11. Applicability to Non-KRS Chapter 18A State Employees.

(1) With approval of the Personnel Cabinet, and at the request of the appointing authority, non-KRS Chapter 18A state employees may be subject to the provisions of this administrative regulation.

(2) Evaluations performed pursuant to this section are final and shall not be appealable to the Kentucky Personnel Board except as provided by KRS 18A.095(14)(a).

History

RELATES TO: KRS 18A.005, 18A.110
STATUTORY AUTHORITY: KRS 18A.110(1)(i), (2), (7)(j)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.110(1)(i) and (7)(j) require the Secretary of the Personnel Cabinet to promulgate comprehensive administrative regulations for classified service employees to establish a uniform system of annual employee evaluations for classified employees. KRS 18A.110(2) requires the secretary to promulgate comprehensive administrative regulations for the unclassified service. This administrative regulation establishes the uniform employee performance evaluation system for performance years beginning in 2020.
History: 45 Ky.R. 3592; 46 Ky.R. 409; eff. 9-6-2019; 48 Ky.R. 2802; eff. 9-27-2022.

101 KAR 2:210 2026 Plan Year Handbook for the Public Employee Health Insurance Program {#sec-101-kar-2-210 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:210}

Section 1. The Department of Employee Insurance shall distribute or make available to the public employees covered under the self-insured plan the 2026 Plan Year Kentucky Employees' Health Plan Benefits Selection Guide, which shall include the premiums, employee contributions, employer contributions, and a summary of benefits, copays, coinsurance, and deductibles for each plan provided to the public employees covered under the self-insured plan.

Section 2. Incorporation by Reference.

(1) "2026 Plan Year Kentucky Employees' Health Plan Benefits Selection Guide", 2026 edition, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Personnel Cabinet, 501 High Street, 3rd Floor, Frankfort, Kentucky 40601, Monday through Friday, 8:00 a.m. to 4:30 p.m. The material incorporated by reference is also available on the Personnel Cabinet's website on the Kentucky Employees' Health Plan page under KEHP Documents at https://personnel.ky.gov/Pages/Kentucky-Employees'-Health-Plan.aspx.

History

RELATES TO: KRS 18A.030, 18A.225, 18A.2254
STATUTORY AUTHORITY: KRS 18A.030(2)(b), 18A.2254(1)(a)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.2254(1)(a)1 requires the secretary of the Personnel Cabinet to promulgate an administrative regulation to incorporate by reference the plan year handbook distributed by the Department of Employee Insurance to public employees covered under the self-insured plan and establishes the minimum requirements for the information included in the handbook. This administrative regulation incorporates by reference the plan year Benefits Selection Guide, which is the handbook distributed by the department to public employees for the 2026 Plan Year as required by KRS 18A.2254(1)(a)1.
History: 101 KAR 002:210. 33 Ky.R. 2800; 3333; eff. 6-1-2007; 34 Ky.R. 1779; 2089; eff. 4-4-2008; 35 Ky.R. 1243; eff. 2-6-2009; 36 Ky.R. 835; 1194; eff. 1-4-2010 37 Ky.R. 1000; eff. 1-3-2011; 38 Ky.R. 812; 1116; eff. 1-6-2012; 39 Ky.R. 813; 1-4-2013; 40 Ky.R. 884; eff. 1-3-2014; 41 Ky.R. 845; eff. 1-5-2015; 845; 42 Ky.R. 1278; eff. 1-4-2016; 43 Ky.R. 599; eff. 1-6-2017; 44 Ky.R. 769; eff. 1-5-2018; 45 Ky.R. 1055; eff. 1055; eff. 1-4-2019; 46 Ky.R. 1276; eff. 4-1-2020; 47 Ky.R. 751; eff. 4-6-2021; 48 Ky.R. 1233; eff. 4-5-2022; 49 Ky.R. 857; eff. 4-4-2023; 50 Ky.R. 857; eff. 4-2-2024; 51 Ky.R. 709; eff. 4-2-2025; 52 Ky.R. 602; eff. 4-7-2026.

101 KAR 2:221 Employee Educational Assistance Program {#sec-101-kar-2-221 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:221}

Section 1. Definitions.

(1) "Educational assistance" means the financial assistance provided to an employee by the employee's cabinet or agency for the purpose of continuing the employee's education or training, based on the educational needs of the workforce, which results in an improved workforce and assists the employee in the achievement of individual career goals.

(2) "Educational providers" means accredited public or private degree-granting postsecondary education institutions, educational television, accredited correspondence or online schools, secondary schools, General Educational Development (GED) preparatory programs, Kentucky Virtual Campus (KYVC), or other approved education or training providers.

(3) "Employee Educational Assistance Program" means the program established by this administrative regulation.

(4) "Satisfactory Grade" means:

(a) a grade of "C" or higher for undergraduate or law school courses;

(b) a grade of "B" or higher for graduate-level or other professional studies courses; or

(5) "Service obligation" means the six (6) month minimum period of time that an employee is obligated to work in state government following the receipt of educational assistance, beginning:

(a)

On the educational provider's published end date of the academic term in which the employee is receiving educational assistance; or
If no published end date exists, on the date of the last class activity, such as the final exam, the date a final paper is submitted, or the last scheduled class session; and

(b) If the employee has achieved a satisfactory grade on the current coursework.

(6) "Special-Purpose Educational Assistance Program" means coursework or specified training that has been predetermined by a cabinet or agency to be mandatory or job related that is required to meet accreditation, or certification or professional standards.

Section 2. Employee Educational Assistance Program.

(1) The Governmental Services Center (GSC) shall be responsible for issuing, administering, and monitoring the Employee Educational Assistance Program.

(2) A cabinet or agency may adopt an Educational Assistance Policy to specify the terms and conditions of the agency or cabinet's participation in the Employee Educational Assistance Program.

(a) A cabinet or agency's education assistance policy shall not conflict with the employee educational assistance program.

(b) A cabinet or agency's educational assistance policy shall be subject to the approval of the Executive Director of GSC or the Executive Director's designated agent.

(c) A copy of the cabinet or agency's current educational assistance policy shall be filed with the GSC upon approval by the Executive Director of GSC or the Executive Director's designated agent.

(d) A cabinet or agency shall utilize this administrative regulation if no other Educational assistance policy is filed with the GSC for that cabinet or agency.

(3) Eligibility requirements.

(a) A permanent, full-time classified employee shall be eligible for the Employee Educational Assistance Program if the employee:

Is in full-time active work status; and
Has satisfactorily completed the initial probationary period.

(b) The requirements established in paragraph (a) of this subsection may be waived by a cabinet or agency on an individual basis if the nature of the work justifies providing educational assistance.

If a cabinet or agency waives any requirement for an employee, the agency shall maintain justification documentation.
Documentation shall include:

a. The employee's application for educational assistance;

b. The specific education or training requested; and

c. The written determination by the cabinet or agency that waiver of one or more requirements is justified based on the nature of the employee's work.

Documentation shall be maintained in the cabinet or agency's Educational Assistance Policy file and made available during periodic audits conducted by the GSC.
An employee who has an outstanding reimbursement obligation in accordance with subsection (8) of this section shall not receive further educational assistance until the outstanding obligation is satisfied.
The cabinet's or agency's Education Assistance Policy shall not apply to programs providing scholarships or other educational assistance to individuals who are not qualifying employees of the executive branch of Kentucky state government.

(4) Employee Educational Assistance Program.

(a) Funding.

Funding for educational assistance shall come from a cabinet or agency's budget.
Cabinet or agency participation in the Employee Educational Assistance Program shall be based on the availability of cabinet or agency funds.

(b) Approved educational assistance funds.

Educational assistance shall be granted to pay for tuition and other related expenses, such as:

a. Laboratory fees;

b. Basic and normal costs charged by the institution for course registration;

c. Computer usage fees;

d. Required texts and other required course supplies;

e. Examination fees; or

f. Records and transcript fees required by the institution.

Educational assistance may be granted for educational testing for credit, such as General Educational Development (GED), College Level Examination Program (CLEP), or Defense Activity for Non-Traditional Education Support (DANTES).
Educational assistance shall be available for educational testing which is an entry requirement by an educational provider, such as ACT, SAT, GRE, GMAT, or LSAT.
A cabinet or agency may elect to cover additional or other types of educational expenses.

a. Additional or other types of educational expenses by a cabinet or agency shall not require pre-approval from the GSC.

b. Documentation of a cabinet or agency's approval of expenses shall be maintained in the cabinet or agency's Educational Assistance Policy file and made available during periodic audits conducted by the GSC.

Educational assistance provided for coursework at an accredited in-state private college, out-of-state college, or out-of-state university shall be limited by the then-current costs at the four (4) year state university located in Kentucky nearest to the employee's county of employment.

a. The educational assistance provided per semester hour of credit shall not exceed the then-current cost per semester hour at the four (4) year state university located in Kentucky nearest the employee's county of employment.

b. Educational assistance based on semester quarter-hours of credit shall not exceed two-thirds (2/3) of the then-current cost per semester hour at the four (4) year state university located in Kentucky nearest the employee's county of employment.

Educational assistance provided per semester hour of credit for an online course or program shall be limited to the higher of:

a. The then-current costs per semester hour for an online course or program offered by a Kentucky public post-secondary educational institution which is delivered directly by that institution; or

b. The then-current costs per semester hour for an online course or program offered by a Kentucky public postsecondary educational institution which is delivered through the Kentucky Virtual Campus (KYVC).

Educational assistance based on semester quarter-hours of credit for an online course or program shall not exceed two-thirds (2/3) of the higher of:

a. The then-current costs per semester hour for an online course or program offered by a Kentucky public postsecondary educational institution which is delivered directly by that institution; or

b. The then-current costs per semester hour for an online course or program offered by a Kentucky public postsecondary educational institution which is delivered through KYVC.

Each cabinet or agency shall verify that the selected university or college has:

a. Conducted regular assessments to accredit each academic, academic support, and nonacademic programs;

b. Assessment results which substantiate that the academic activities are aligned with institutional mission and goals; and

c. Provided information specifying the source of the accreditation information on the Employee Educational Assistance Program Form.

(5) Payments of funds to educational providers.

(a) The cabinet or agency shall pay educational assistance funds directly to the educational provider if:

The employee's application for educational assistance was timely filed;
The application meets cabinet or agency approval; and
A GSC exception request is approved if necessary.

(b) Financial assistance from any other financial aid program shall not be duplicated under this program.

If eligible for tuition waiver or student fee waiver, the employee shall apply for these programs first.
If additional allowable costs remain after the utilization of the Tuition Waiver or Student Fee Waiver, the employee may seek additional funding from the educational assistance program to cover those remaining costs.

(6) Approved courses.

(a) Each course, program, or degree for which educational assistance is provided shall have a clear and direct relationship to:

The work of the cabinet or agency;
Improving the employee's effectiveness in his or her present position;
Preparing the employee for a position to which the employee can reasonably aspire; or
A requirement for a degree or program on the cabinet or agency's approved list of courses, programs, and degrees.

(b) Approved Lists of courses, programs and degrees.

A cabinet or agency shall establish approved lists of courses, programs, and degrees for which educational assistance may be granted.

a. A cabinet or agency's approved list of courses, programs and degrees shall be based on the recognized educational needs of the workforce in the agency.

b. A cabinet or agency may establish different approved lists for work units or job classifications.

c. A cabinet or agency may grant educational assistance for courses that do not qualify an individual to meet the minimum requirements for a job outlined on the official class specification.

Each approved list shall be made available for review by cabinet or agency employees.
A copy of a cabinet or agency's current approved list shall be provided to the GSC.
The cabinet or agency shall periodically review the approved list and make revisions as necessary and appropriate.
A request by an employee for an exception or addition to the approved list shall be made in writing to the cabinet or agency's designated agent.

(c) Courses taken through the Employee Educational Assistance Program shall not be applied toward an Educational Achievement Award.

(7) Maximum courses allowed.

(a) Educational assistance provided for undergraduate and post-graduate studies shall not exceed the following:

For undergraduate studies, a maximum of eight (8) courses per year, with a limit of:

a. Three (3) courses in any regular semester session;

b. Two (2) courses in any regular quarter session; and

c. One (1) course in any summer session or inter-session; and

For post-graduate studies (including graduate level professional studies), a maximum of six (6) courses per year, with a limit of:

a. Two (2) courses in any regular semester session;

b. One (1) course in any regular quarter session; and

c. One (1) course in any summer session or inter-session.

(b) An appointing authority or designated agent may make an exception to the maximum course load if:

The exception is necessary for an employee to complete the approved program; and
The exception will not adversely affect the cabinet or agency's service or the employee's performance.

(c) Documentation of a cabinet or agency's exception to the maximum course load shall be maintained in the cabinet or agency's Educational Assistance Program file and made available during periodic audits conducted by the GSC.

(8) Kentucky State University Requirement pursuant to KRS 164.357.

(a) The following employees shall receive educational assistance only for classroom, online or independent study courses at Kentucky State University (KSU), unless the course, program or degree required is not available or offered at KSU:

Employees who live in Franklin County or an adjoining county; or
Employees whose work station is in Franklin County or an adjoining county.

(b) This KSU requirement shall apply uniformly unless the Executive Director of the GSC or designee waives the requirement for a particular employee or course by written approval to an exception request.

(9) Employee obligations.

(a) To be eligible for educational assistance funds or to continue to receive those funds, the employee shall:

Sign the Employee Educational Assistance Program Form;
Continue to work on a full-time basis;
Provide the agency, within thirty (30) calendar days upon completion of a course, evidence of a satisfactory grade; and
Complete the minimum six (6) month service obligation. The employee shall be required at a minimum to comply with requirements established in this paragraph in order to qualify for and maintain educational assistance funds:

a. The employee shall continue to work on a full-time basis;

b. The employee shall sign the Employee Educational Assistance

c. Program Form and comply with the terms of the form;

d. The employee shall provide the agency within thirty (30) calendar days upon completion of a course evidence of a Satisfactory Grade; and

e. The employee shall complete the minimum six (6) month service obligation.

(b) A cabinet or agency shall recover from an employee the full amount of educational assistance funds expended on that employee's behalf if:

The employee's application form contains any material falsification;
The employee fails to provide the agency, within thirty (30) calendar days upon completion of a course, evidence of a satisfactory grade;
The employee drops a course, regardless of cause, without prior approval of the appointing authority or designated agent; or
The employee receives duplicate payment for the same course from any other source, such as a scholarship, Veteran's Educational Payments, or an Educational Achievement Award.

(c) A cabinet or agency shall recover from an employee the educational assistance funds expended on that employee's behalf if the employee resigns, retires or is dismissed for cause prior to completion of the six (6) month minimum service obligation.

Any amount of educational assistance funds a cabinet or agency seeks to recover pursuant to an employee's failure to complete the six (6) month minimum service obligation shall be prorated according to the portion of the service obligation the employee has fulfilled.
The six (6) month minimum service obligation shall not apply to an employee who is laid-off.

(d) If an employee for whom a cabinet or agency has paid educational assistance transfers from one cabinet or agency to another through the Internal Mobility Program while enrolled in the course or prior to completion of the employee's six (6) month minimum service obligation, the employee shall not be required to repay educational assistance funds, unless previously agreed to by other contract.

(e) An approved course should be taken on the employee's own time. If a course is only offered only during working hours, eligible employees must request an Exception for Benefit of the Public Interest as set forth in Section 4 of this administrative regulation.

(10) Records and forms.

(a) The cabinet or agency shall maintain complete and accurate records relating to its Employee Educational Assistance Program and Special-Purpose Educational Assistance Program if applicable.

(b) A cabinet or agency's appointing authority or designated agent shall be responsible for maintenance and accuracy of all records relating to a cabinet or agency's Employee Educational Assistance Program or Special-Purpose Educational Assistance Program.

(c) A cabinet or agency shall utilize the Employee Educational Assistance Authorization Form as the key record for the Employee Educational Assistance Program.

(d) A cabinet or agency's Educational Assistance Policy or Special-Purpose Educational Assistance Program records shall be made available for GSC periodic audits or upon request.

(e) The cabinet or agency shall maintain all records and forms associated with this program in the agency personnel file of the employee and shall forward the records to the receiving cabinet or agency if the employee transfers.

(f) Administration in the GSC shall be responsible for retaining comprehensive statewide records, on a fiscal year basis, of Educational Assistance Program activity.

This information shall be reported annually to the Secretary of the Personnel Cabinet or as needed upon request and shall include the following:

a. The number of employees participating in the program;

b. The amount (tuition and fees) reimbursed;

c. The number of employees granted educational leave;

d. The number of employees taking courses at each cabinet's or agency's request;

e. The number of employees taking courses for required certification; and

f. A summary of the annual reporting data required by Section 5(3)(a) through (h) of this administrative regulation.

GSC may request additional information from cabinets or agencies as needed to assist in the administration or monitoring of the program.

Section 3. Special-Purpose Educational Assistance Program.

(1) A cabinet or agency may create a Special-Purpose Educational Assistance Program which provides educational assistance for an employee to obtain a specific degree or certification that is in the interest of the cabinet or agency.

(2) A cabinet or agency and employee may set different terms and obligations other than those established in the Educational Assistance Program.

(a) A Special-Purpose Educational Assistance Program may grant the employee the opportunity to use paid work hours to attend class or to complete coursework.

(b) A cabinet or agency shall not waive the proration requirement for recovery of educational assistance funds if the employee fails to complete the six (6) month minimum service obligation.

(3) Approval of a cabinet or agency's Special-Purpose Educational Assistance Program shall be subject to the written approval of the Executive Director of the GSC or designee.

Section 4. Exceptions for Benefit of the Public Interest.

(1) The Executive Director of the GSC or designee may grant exception upon request by the cabinet or agency to any portion of the Educational Assistance Program in which the power of exception is not expressly granted to the cabinet or agency.

(2) A request for exception from the cabinet or agency shall, at a minimum, meet the following guidelines and include the following information:

(a) The request from the cabinet or agency's appointing authority or designated agent shall be in writing;

(b) The request shall include the completed Employee Educational Assistance Authorization Form from the cabinet or agency's appointing authority or designated agent; and

(c) The request shall include the specific nature of the exception, the reason for the exception, and an explanation as to why the exception would be in the cabinet or agency's interest or in the public's interest.

(3) The request for exception shall be mailed or sent electronically by email to the Executive Director of the GSC.

(4) A request for exception shall be received by the GSC:

(a) Prior to the start of the educational course for which the exception is requested; or

(b) Prior to the date by which the cabinet or agency seeks to take any action subject to the exception requested.

(5) An agency shall not be required to file requests for exception if proposing a Special- Purpose Educational Assistance Program for approval by the GSC.

(a) Upon the approval of a cabinet or agency's Special-Purpose Educational Assistance Program, any exceptions contained within the Special-Purpose Educational Assistance Program which establish terms and obligations different than those terms and obligations established in the Employee Educational Assistance Program, shall be deemed approved.

(b) Exceptions within a cabinet or agency's Special-Purpose Educational Assistance Program shall be approved for the remainder of the respective fiscal year.

Section 5. Program Audits.

(1) The GSC shall conduct annual audits of cabinet or agency compliance with the Employee Educational Assistance Program from a representative sample selected by GSC.

(2) In the course of the audits, the GSC shall review a cabinet or agency's Educational Assistance Program and Special-Purpose Educational Assistance Program documents and records.

(3) Cabinets and agencies shall maintain the following data and reports in the cabinet or agency's Educational Assistance Program and Special-Purpose Educational Assistance Program file:

(a) Total dollar expenditures for educational assistance;

(b) Total number of employees utilizing educational assistance provided by the agency;

(d) Approved Lists of course titles, degrees, or programs;

(e) A list of all course titles, degrees, programs, certification or Special-Purpose Educational Assistance Program for which educational assistance is provided on a fiscal year basis;

(f) The completed Employee Educational Assistance Authorization Form, which is required for approval provided to the GSC if an exception to the Employee Educational Assistance Program is requested or required;

(g) A list of all outstanding reimbursement obligations; and

(h) A list of all employees that have completed degree requirements during the current fiscal year.

Section 6. Equal Opportunity. Each participating cabinet or agency shall ensure that its Employee Educational Assistance Policy is administered fairly, consistently, and equitably for all employees.

Section 7. Incorporation by Reference.

(1) "Employee Educational Assistance Program Form", June 2008, is incorporated by reference.

History

RELATES TO: KRS 18A.110(7)(i),164.357
STATUTORY AUTHORITY: KRS 18A.030(2) and 18A.110(7)(i)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.110(7)(i) requires the Secretary of the Personnel Cabinet to promulgate administrative regulations which govern the development and operation of programs to improve the work effectiveness of employees in the state service, including training, health, welfare, counseling and employee relations. This administrative regulation establishes the requirements for employee participation in and the agency reporting obligations relating to the Employee Educational Assistance Program to ensure that agencies are maintaining and reporting required usage data.
History: 34 Ky.R. 2487; 35 Ky.R. 16, eff. 8-1-2008; Crt eff. 2-13-2020.

101 KAR 2:230 Kentucky Employee Mediation and Workplace Resolution Programs {#sec-101-kar-2-230 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:230}

Section 1. Establishment of the Kentucky Employee Mediation Program (KEMP).

(1) The Personnel Cabinet shall establish and administer the Kentucky Employee Mediation Program to coordinate mediations. The Kentucky Employee Mediation Program shall establish and maintain the State Government Mediator Pool to have qualified mediators readily available as needed.

(2) Eligibility for services.

(a) An employee or supervisor may request mediation services through the Kentucky Employee Mediation Program in order to resolve workplace issues. The request shall be made using the Kentucky Employee Mediation Program Referral Form.

(b) Participation by all parties involved in the mediation sessions shall be voluntary. Each party shall sign an agreement to mediate and the original, signed agreement shall be kept in the mediation file.

(d) Participation in mediation sessions shall not require the use of accrued leave time if the employee has obtained prior approval of the supervisor or appointing authority.

(e) Participation in mediation shall not preclude an agency from taking disciplinary or corrective action as needed in dealing with job behavior or job performance problems.

(f) Participation in a mediation shall not affect the filing timeframes for a grievance with the cabinet or agency or on appeal with the Personnel Board.

(3) Mediation session procedures.

(a) Mediation sessions shall be conducted by mediators in the State Government Mediator Pool who do not work in the participant's employing agency.

(b) Mediation sessions shall be scheduled by the Kentucky Employee Mediation Program after receipt of the request to participate at a time convenient for all participants.

(c) The Kentucky Employee Mediation Program shall provide the participants with the names of all mediators assigned to the session. The participants may request another mediator if the appointed mediator has a conflict of interest.

(d) The participants shall ensure that all parties who have the authority to approve and implement the final mediation agreement are present at the mediation. Mediations may be terminated if all necessary parties are not in attendance.

(e) For mediations originating as referrals from the Kentucky Personnel Board, the parties may submit a confidential written statement of the case to the mediator no later than three (3) workdays prior to the scheduled mediation. The written statement shall be no more than 500 words. The written statement will be considered a confidential communication with the mediator and shall not be shared with the other party and shall not be subject to disclosure in any subsequent proceedings regarding the mediated matter, except as may be required by state and federal law.

(f) Participation in mediation shall constitute an agreement by the parties that all offers of compromise, promises and statements made during the mediation session shall not be offered as evidence or argument at any subsequent hearing or trial of the subject matter of the dispute.

(g) All mediation communications, including documents, communicated during the mediation process shall remain confidential as permitted by state and federal law.

(h) The mediation shall not be recorded.

(i) All contents of the official mediation file, including original, signed final agreements, shall be the property of the Kentucky Employee Mediation Program.

(j) Certified mediators shall not be subject to participation in any subsequent proceedings regarding the mediated matter.

(k) The Kentucky Employee Mediation Program or the mediator may decline the request for mediation for reasonable cause, issue a continuance of the mediation, or terminate a mediation session.

(l) Final mediation agreements shall be reduced to writing and signed by the mediator and participants.

(m) All final mediation agreements or reports from mediations referred by the Personnel Board shall be filed with the board by the Kentucky Employee Mediation Program.

(n) The Kentucky Employee Mediation Program shall not oversee compliance with final mediation agreements.

(o) Upon request and following the conclusion of the mediation session, the Kentucky Employee Mediation Program may provide written confirmation of participation to the participant's supervisors or appointing authority.

(4) State Government Mediator Pool.

(a) The Kentucky Employee Mediation Program shall establish and provide oversight for the State Government Mediator Pool including training, certification, and technical assistance services.

(b) The State Government Mediator Pool shall consist of state government employees who volunteer to serve and who have been certified by the Kentucky Employee Mediation Program.

(c) The Kentucky Employee Mediation Program shall establish specific certification criteria based on completion of the following:

Minimum of fifty (50) hours of general mediation training, to include classroom training, mediation observation, mediation participation, or professional continuing education as approved by the program manager;
Minimum of six (6) hours of continuing education per year; and
Compliance with the Kentucky Employee Mediation Program's Standards of Professional Conduct.

(d) The Kentucky Employee Mediation Program shall not certify any person as a mediator if the criteria of paragraph (c) of this subsection are not met.

(e) A mediator may use state time to conduct mediation sessions with the approval of the appointing authority. The mediator's employing agency shall pay travel expenses in accordance with the provisions of 200 KAR 2:006.

(f) The Kentucky Employee Mediation Program shall maintain a current listing of certified state government mediators.

Section 2. Establishment of the Kentucky Employee Workplace Resolution Program.

(1) The Personnel Cabinet shall establish and administer the Kentucky Employee Workplace Resolution Program to improve the work effectiveness of state employees.

(2) Eligibility for services.

(a) An employee in a supervisory or managerial role may request workplace resolution services for their section, branch, or division. The request shall be made to the Workplace Resolution Program by email.

(b) Participation by all parties in the Workplace Resolution Program shall be voluntary.

(c) Employees shall be entitled to participate in workplace resolution services without interference, coercion, or reprisal.

(d) Participation in workplace resolution sessions shall not require the use of accrued leave time if the employee has obtained prior approval of the supervisor or appointing authority.

(e) Participation in workplace resolution shall not preclude an agency from taking disciplinary or corrective action as needed in dealing with job behavior or job performance problems.

(f) Participation in workplace resolution shall not affect the filing timeframes for a grievance with the cabinet or agency or an appeal with the Personnel Board.

(3) Workplace resolution session procedures.

(a) Workplace resolution sessions shall be conducted by mediators in the State Government Mediator Pool who do not work in the participant's employing agency.

(b) A mediator may use state time to conduct workplace resolution sessions with the approval of the appointing authority. The mediator's employing agency shall pay travel expenses in accordance with the provisions of 200 KAR 2:006.

(c) Workplace resolution sessions shall be scheduled by the Workplace Resolution Program after receipt of the request for the service and confirmation of agreement to participate at a time convenient for all participants.

(d) All parties who have the authority to approve and implement any recommendations shall participate in the process.

(e) The content of the workplace resolution sessions shall remain confidential as permitted by state and federal law.

(f) All contents of the workplace resolutions file shall be the property of the Workplace Resolution Program.

(g) Certified mediators shall not be subject to participation in any subsequent proceedings regarding the matter that is the subject of workplace resolution sessions.

(h) The Workplace Resolution Program or the mediator may decline the request for workplace resolution for reasonable cause, issue a continuance of the workplace resolution proceedings, or terminate a workplace resolution session.

(i) The Workplace Resolution Program shall not oversee compliance of any final workplace resolution program recommendations, and any workplace resolution program recommendations are optional and not mandatory.

(j) Upon request and following the conclusion of any workplace resolution session, the Workplace Resolution Program may provide written confirmation of participation to the participant's supervisors or appointing authority.

Section 3. Incorporation by Reference.

(1) The following material is incorporated by reference:

(a) "Kentucky Employee Mediation Program Referral Form", January 2025; and

(b) "KEMP Standards of Professional Conduct", January 2025.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at Personnel Cabinet, 501 High Street, 3rd Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. The material incorporated by reference is also available on the Personnel Cabinet's website at: https://personnel.ky.gov/Pages/mir.aspx.

History

RELATES TO: KRS 18A.030(2)(i),18A.110
STATUTORY AUTHORITY: KRS 18A.110(7)(h)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.110(7)(h) requires the Secretary of Personnel to promulgate administrative regulations that develop programs to improve the work effectiveness of state employees. This administrative regulation establishes the operational procedures for the Kentucky Employee Mediation and Workplace Resolution Programs.
History: 101 KAR 002:230. 34 Ky.R. 1591; Am. 2089; eff. 4-4-2008; 46 Ky.R. 44, eff. 10-4-2019; 52 Ky.R. 419; eff. 3-3-2026.

Chapter 3 Personnel Cabinet, Unclassified

101 KAR 3:015 Leave requirements for unclassified service {#sec-101-kar-3-015 omnilex-key=us-ky-regs-official--title-101--101 KAR 3:015}

Section 1. Annual Leave.

(1) Accrual of annual leave.

(a) Each full-time employee shall accumulate annual leave at the following rate:

(c) Accrued leave shall be credited on the first day of the month following the month in which the annual leave is earned.

(d) In computing months of total service for the purpose of earning annual leave, only the months for which an employee earned annual leave shall be counted.

(f) A part-time employee shall not be entitled to accrue annual leave.

(2) Use and retention of annual leave.

(a) Annual leave shall be used in increments of one-quarter (1/4) hours.

(d) Absence due to sickness, injury, or disability in excess of the amount available for those purposes shall, at the request of the employee, be charged against annual leave.

(e) An employee shall be able to use annual leave for an absence on a regularly scheduled workday.

(f) An employee who is transferred or otherwise moved from the jurisdiction of one (1) agency to another shall retain accumulated annual leave in the receiving agency.

(i) Annual leave may be carried from one (1) calendar year to the next. If annual leave is carried from one (1) calendar year to the next, leave shall be calculated as established in the following table:

(j) Leave in excess of the maximum amounts established in paragraph (i) of this subsection shall be converted to sick leave at the end of the calendar year or upon retirement.

(3) Annual leave on separation.

(a)

If an employee is separated by proper resignation or retirement, or terminated other than for cause, the employee shall be paid in a lump sum for accumulated annual leave.
The accumulated annual leave for which the employee is paid shall not exceed the amounts established by subsection (2)(i) of this section.
Following payment of annual leave at resignation, any remaining annual leave after the payment of the maximum shall:

a. Not be paid to the employee or converted to sick leave; and

b. Be removed from the balance.

(b) If an employee is laid off, the employee shall be paid in a lump sum for all accumulated annual leave.

(d) An employee who has been dismissed for cause shall not be paid for accumulated annual leave.

(e) An appointing authority may withhold payment of accumulated annual leave for an employee who has failed to give proper notice of resignation or retirement as established in 101 KAR 3:050, Section 8, or who has submitted notice of resignation or retirement after receiving an intent to dismiss letter. Annual leave withheld pursuant to this paragraph shall result in a determination that the employee resigned not in good standing.

(f) Upon the death of an employee, the employee's estate shall be entitled to receive pay for the unused portion of the employee's accumulated annual leave.

The employee resigns, or is laid off, because of an approved plan of privatization of the services performed; and
The successor employer has agreed to credit the employee with an equal amount of annual leave.

Section 2. Sick Leave.

(1) Accrual of sick leave.

(a) An employee, except a part-time employee, shall accumulate sick leave with pay at the rate of one (1) working day per month.

(c) An employee shall be credited with additional sick leave upon the first day of the month following the month in which the sick leave is earned.

(f) In computing months of total service for the purpose of crediting sick leave, only the months for which an employee earned sick leave shall be counted.

(h) The total service shall be verified by the Personnel Cabinet before the leave is credited to the employee's record.

(i) Sick leave may be accumulated with no maximum.

(2) Use and retention of sick leave.

(a) An appointing authority shall grant or may require the use of sick leave with or without pay if an employee:

Is unable to work due to medical, dental, or optical examination or treatment;
Is disabled by illness or injury. If requested by the appointing authority, the employee shall provide a statement from an appropriate medical health professional certifying the employee's inability to perform the employee's duties for the days or hours sick leave is requested. Before an employee may return to work, if requested by the appointing authority, the employee shall obtain and present a fitness-for-duty certification from an appropriate medical health care professional indicating the employee is able to resume work;
Is required to care for or transport a member of the employee's immediate family in need of medical attention for a reasonable period of time. If requested by the appointing authority, the employee shall provide a statement from an appropriate medical health professional certifying the employee's need to care for a family member;
Would jeopardize the health of the employee or others at the employee's work station because of a contagious disease or communicable condition. Before an employee may return to work, if requested by the appointing authority, the employee shall obtain and present a fitness-for-duty certification from an appropriate medical health care professional indicating the employee is able to resume work; or
Demonstrates behavior that might endanger the employee or others. Before an employee may return to work, if requested by the appointing authority, the employee shall obtain and present a fitness-for-duty certification from an appropriate medical health care professional indicating the employee is able to resume work.

(b) At the termination of sick leave with pay, the appointing authority shall return the employee to the employee's former position.

(e) Sick leave shall be used in increments of one-quarter (1/4) hours.

(f) An employee who is transferred or otherwise moved from the jurisdiction of one (1) agency to another shall retain accumulated sick leave in the receiving agency.

(g) An employee shall be credited for accumulated sick leave if separated by proper resignation, layoff, or retirement.

(h) The duration of an interim employee's appointment shall not be extended by the use or approval for sick leave with or without pay.

(3) Sick leave without pay.

(a) An appointing authority shall grant sick leave without pay, without a change in the employee's personnel status, for the duration of an employee's impairment by injury or illness, if:

The leave does not exceed thirty (30) continuous calendar days; and
The employee has used or been paid for all accumulated annual, sick, and compensatory leave unless the employee has requested to retain up to ten (10) days of accumulated sick leave.

(4) Sick leave by personnel action.

(b) The appointing authority shall notify the employee in writing that the employee is being placed on sick leave by personnel action.

Effective date of the employee's return;
Position to which the employee is being returned;
Employee's salary upon return to work; and
Employee's new annual increment date, if applicable.

(f) If reasonable accommodation is requested, the employee shall:

Inform the employer; and
Upon request, provide supportive documentation from a certified professional.

(g) An employee shall be deemed resigned if the employee:

Has been on one (1) year continuous sick leave by personnel action;
Has been requested by the appointing authority in writing to return to work at least ten (10) days prior to the expiration of leave;
Is unable to return to the employee's former position or to a position for which the employee is qualified and that resembles the former position as closely as circumstances allow;
Has been given priority consideration by the appointing authority for a vacant, budgeted position with the same agency, for which the employee is qualified and is capable of performing its essential functions with or without reasonable accommodation; and
Has not been placed by the appointing authority in a vacant position.

(h) Sick leave granted pursuant to this subsection shall not be renewable after the employee has been medically certified as able to return to work.

(i) An employee who is deemed resigned pursuant to paragraph (g) of this subsection shall retain reinstatement privileges that were accrued during service in the classified service.

(5) Application for sick leave and supporting documentation.

(a) An employee shall file a written application for sick leave with or without pay within a reasonable time.

(b) Except for an emergency illness, an employee shall request advance approval for sick leave for medical, dental, or optical examinations, and for sick leave without pay.

(c) If the employee is too ill to work, an employee shall notify the immediate supervisor or other designated person. Failure, without good cause, to do so in a reasonable period of time shall be cause for denial of sick leave for the period of absence.

(d) An appointing authority may, for good cause and on notice, require an employee to supply supporting evidence in order to receive sick leave.

(f) An appointing authority shall grant sick leave if the application is supported by acceptable evidence but may require confirmation if there is reasonable cause to question the authenticity of the certificate or its contents.

Section 3. Family and Medical Leave.

(2) An employee in state service shall qualify for up to twelve (12) weeks of unpaid family leave if the employee has:

(a) Completed twelve (12) months of service; and

(b) Worked or been on paid leave at least 1,250 hours in the twelve (12) months immediately preceding the first day of family and medical leave.

(3) Family and medical leave shall be awarded on a calendar year basis.

(4) An employee shall be entitled to a maximum of twelve (12) weeks of unpaid family and medical leave for the birth, placement, or adoption of the employee's child.

(5) While an employee is on unpaid family and medical leave, the state contribution for health and life insurance shall be maintained by the employer.

(a) If an employee reserves accumulated sick leave, the remaining FMLA leave shall be unpaid.

(b) The employee shall satisfy all requirements of this administrative regulation for use of accrued paid leave only in connection with the receipt of payment.

Section 4. Employer Paid Leave.

(1) A full-time employee shall be entitled to a maximum of six (6) weeks of continuous employer paid leave for one (1) or more of the following reasons:

(a) For the birth of a child and to care for the newborn child if the leave is taken within one (1) year of the child's birth;

(b) For placement with the employee of a child for adoption or foster care if the leave is taken within one (1) year of the child's placement; or

(3) Leave that qualifies as employer paid leave shall be so designated and shall be exhausted prior to the employee's use of other accrued leave for an employer paid leave qualifying condition.

(5) Employer paid leave shall be used only on a continuous basis for absences of three (3) or more consecutive days.

(6) An employee shall be eligible for six (6) weeks of employer paid leave upon appointment.

(7) An employee shall request advance approval to use employer paid leave.

(9) If an employee returns to work from employer paid leave, but does not use the entire six (6) weeks of continuous employer paid leave, the remaining leave allotment may be utilized by the employee until renewal at 120 months of service or 240 months of service as established in subsection (8) of this section.

(12) If FMLA is applicable, an employee shall use employer paid leave concurrently with FMLA leave.

(13) An incumbent full-time employee shall be granted six (6) weeks of employer paid leave, which shall be used in accordance with this section.

Section 5. Court Leave.

(1) With prior notice to his or her supervisor, an employee shall be entitled to court leave during the employee's scheduled working hours without loss of time or pay for the amount of time necessary to:

(a) Comply with a subpoena by a court, administrative agency, or body of the federal or state government or any political subdivision thereof; or

(b) Serve as a juror.

(2) Court leave shall include necessary travel time.

(3) If relieved from duty as a juror or released from subpoena during the employee's normal working hours, the employee shall return to work or use annual or compensatory leave.

(4) An employee shall not be required to report as court leave attendance at a proceeding that is part of the employee's assigned duties.

(5) An employee shall not be eligible for court leave to comply with a subpoena if the employee or a member of the employee's family is a party to the proceeding.

Section 6. Compensatory Leave and Overtime.

(1) Accrual of compensatory leave and overtime.

(a) An appointing authority shall comply with the overtime and compensatory leave provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. Chapter 8.

(c) An employee deemed to be "nonexempt" by the provisions of the FLSA shall be compensated for hours worked in excess of forty (40) per week as established in subparagraphs 1 through 3 of this paragraph.

An employee who has not accumulated the maximum amount of compensatory leave shall have the option to accumulate compensatory leave at the rate of an hour and one-half (1 1/2) for each hour worked in excess of forty (40) per week in lieu of paid overtime.
An employee's election to receive compensatory leave in lieu of paid overtime shall be in writing on the Overtime Compensation Form and shall remain in force for a minimum of three (3) months.

a. The employee's election shall be changed by the submission of a new form.

b. The effective date of a change shall be the first day of the next workweek following receipt of the election.

c. The employing agency shall not mandate an employee's election of compensatory leave or paid overtime.

An employee who does not elect compensatory leave in lieu of paid overtime shall be paid one and one-half (1 1/2) times the regular hourly rate of pay for all hours worked in excess of forty (40) hours per week.

(d) An employee deemed to be "exempt" pursuant to the provisions of the FLSA shall accumulate compensatory time on an hour-for-hour basis for hours worked in excess of the regular work schedule.

(e) Compensatory leave shall be accumulated or used in increments of one-quarter (1/4) hours.

(f) The maximum amount of compensatory leave that may be carried forward from one (1) pay period to another shall be:

239.99 hours by an employee in a nonpolicy-making position; or
480 hours by an employee in a policy-making position.

(g) An employee who is transferred or otherwise moved from the jurisdiction of one (1) agency to another shall retain the compensatory leave in the receiving agency.

(2) Reductions in compensatory leave balances.

(b) An appointing authority may require an employee who is not in a policy-making position and has accrued 200 hours of compensatory leave to take off work using compensatory leave in an amount sufficient to reduce the compensatory leave balance below 200 hours.

(e) If an employee's prescribed hours of duty are normally less than forty (40) hours per week, the employee shall receive compensatory leave for the number of hours worked that:

Exceed the number of normally prescribed hours of duty; and
Do not exceed the maximum amount of compensatory time that is permitted.

(f) Only hours actually worked shall be used for computing paid overtime or time and one-half (1 1/2) compensatory time.

(g) Upon separation from state service, an employee shall be paid for all unused compensatory leave at the greater of the employee's:

Regular hourly rate of pay; or
Average regular rate of pay for the final three (3) years of employment.

Section 7. Military Leave.

(2) The absence shall not be charged to leave.

(3) Absence that exceeds the number of working days established in KRS 61.394 for a federal fiscal year shall be charged to annual leave, compensatory leave, or leave without pay.

(4) If requested by the appointing authority, the employee shall provide a copy of the orders requiring the attendance of the employee before military leave is granted.

Section 8. Voting and Election Leave.

(3) An election officer shall receive additional leave if the total leave for Election Day does not exceed a regular workday.

(4) The absence shall not be charged against leave.

Section 9. Funeral and Bereavement Leave.

Section 10. Special Leave of Absence.

(1) If approved by the secretary, an appointing authority may grant a leave of absence for continuing education or training.

(a) Leave may be granted for a period not to exceed twenty-four (24) months or the conclusion of the administration in which the employee is serving, whichever comes first.

(b) If granted, leave shall be granted either with pay (if the employee contractually agrees to a service commitment) or without pay.

(c) Leave shall be restricted to attendance at a college, university, vocational, or business school for training in subjects that relate to the employee's work and will benefit the state.

(a) Leave shall not exceed sixty (60) working days.

(b) The employee shall be notified in writing by the appointing authority that the employee is being placed on special leave for investigative purposes, and the reasons for being placed on leave.

(d) The appointing authority shall notify a current employee, in writing, of the completion of the investigation and the action taken.

(4) An appointing authority may place a career unclassified employee on administrative leave with pay upon the employee's receipt of an intent to dismiss for cause letter.

(5) Discretionary leave with pay.

(b) Reasons for discretionary leave with pay shall be limited to work-related events.

(c) An appointing authority, with approval of the secretary, may renew discretionary leave with pay, not to exceed an additional twenty (20) working days.

(d) Leave granted pursuant to this subsection may be taken intermittently if authorized by the appointing authority.

Section 11. Absence Without Leave.

(1) An employee who is absent from duty without prior approval shall report the reason for the absence to the supervisor immediately.

(2) Unauthorized or unreported absence shall:

(a) Be considered absence without leave;

(b) Be treated as leave without pay for an employee covered by the provisions of the Fair Labor Standards Act, 29 U.S.C. Chapter 8; and

(3) An employee who has been absent without leave or notice to the supervisor for a period of five (5) working days shall be deemed resigned.

Section 12. Absences Due to Adverse Weather.

(a) Charged to annual or compensatory leave;

(b) Taken as leave without pay, if annual and compensatory leave has been exhausted; or

(2) An employee who is on prearranged annual, compensatory, or sick leave shall charge leave as originally requested.

(4) An employee, including an employee in a mandatory operation, who has supervisor approval, shall be eligible to use paid adverse weather leave if:

(a) The amount of adverse weather leave shall not exceed one (1) working day in a calendar year based on the employee's weekly work schedule;

(b) The leave shall be used in increments of one-quarter (1/4) hours; and

(c) The unused portion of the one (1) day allotment for paid adverse weather leave shall expire upon separation from employment or at the end of the calendar year, whichever comes first.

Section 13. Blood Donation Leave.

(2) Leave granted pursuant to this section shall be used if the blood is donated, unless circumstances as established by the supervisor required the employee to return to work. If the employee returns to work, the unused portion of the leave time shall be credited as compensatory leave.

(3) An employee shall request leave in advance to qualify for blood donation leave.

(4) An employee who is deferred from donating blood shall not:

(a) Be charged leave time for the time spent in the attempted donation; and

(b) Qualify for the remainder of the blood donation leave.

(5) A donation initiated or attempted during an employee's lunch period is outside of scheduled work hours and shall not qualify for any amount of blood donation leave.

Section 14. Incorporation by Reference.

(1) "Overtime Compensation Form", May 2013, is incorporated by reference.

(2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Personnel Cabinet, 501 High Street, 3rd Floor, Frankfort Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. The material incorporated by reference is also available on the Personnel Cabinet's Web site on the Documents in Demand page at: https://personnel.ky.gov/.

History

RELATES TO: KRS 18A.020, 18A.030, 18A.110, 18A.140, 18A.145, 18A.195, 18A.990, 61.373, 61.394, 118.035, Chapter 337, 344.030, 29 C.F.R. 825, 29 U.S.C. 201 – 219, 2601 – 2654
STATUTORY AUTHORITY: KRS 18A.030(2)(b), 18A.110(2), (7)(f), 18A.155
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.030(2)(b) requires the Secretary of the Personnel Cabinet to promulgate administrative regulations, consistent with KRS Chapter 18A and federal standards, for the administration of a personnel system. KRS 18A.110(2) and 18A.155 require the secretary to promulgate administrative regulations for the unclassified service. KRS 18A.110(7)(f) requires the secretary, with the approval of the Governor, to promulgate administrative regulations to govern annual leave, sick leave, special leaves of absence, and other conditions of leave. This administrative regulation establishes the leave requirements for unclassified employees.
History: 101 KAR 003:015. 26 Ky.R. 266; Am. 577; eff. 8-25-1999; 1995; 27 Ky.R. 64; eff. 7-17-2000; 36 Ky.R. 423; 1006; eff. 12-4-2009; 38 Ky.R. 488; eff. 9-28-2011; 38 Ky.R. 1178; eff. 7-6-2012; 39 Ky.R. 2370; 40 Ky.R. 265; eff. 9-6-13; Ky.R. 2125; 2546; eff. 7-6-2015; TAm 9-21-2015; 46 Ky.R. 564; eff. 11-1-2019; 48 Ky.R. 2805; 49 Ky.R.553; eff. 9-27-2022; 51 Ky.R. 1505; 52 Ky.R. 27; eff. 9-30-2025.

101 KAR 3:045 Compensation plan and pay incentives for unclassified service {#sec-101-kar-3-045 omnilex-key=us-ky-regs-official--title-101--101 KAR 3:045}

Section 1. New Appointments. An appointing authority shall appoint a new employee at a salary not to exceed the midpoint of the pay grade.

Section 2. Reentrance to State Service.

(1) Returning retirees. An employee who was formerly employed under KRS Chapter 18A and who is appointed to a position covered by the provisions of KRS Chapter 18A, while receiving retirement payments through the Kentucky Public Pensions Authority or Kentucky Teachers Retirement System, shall be appointed in accordance with the provisions for new appointments in this administrative regulation.

(2) Other reentering employees. An appointing authority shall set the salary of a former classified or unclassified employee, other than a returning retiree:

(a) In accordance with the standards used for making new appointments in this administrative regulation; or

(b) Up to an hourly rate formerly paid in the classified or unclassified service.

Section 3. Salary Adjustments.

(1) Promotion.

(a)

An employee who is promoted shall receive a five (5) percent increase or an increase to the minimum of the new grade, whichever is greater; or
An appointing authority may grant a salary increase of five (5) percent per grade upon promotion.

(b) If sufficient funds are available, an appointing authority may adjust the employee's salary up to the midpoint of the pay grade as long as the increase is greater than the increase established in subparagraph 1. of subsection (1)(a) of this section.

(2) Demotion. If an employee is demoted, the salary shall be determined in one (1) of the following ways:

(a) The employee's salary shall be reduced by five (5) percent for each grade the employee is reduced;

(b) If requested in writing by the appointing authority and approved by the secretary, the employee shall retain the salary received prior to the demotion. If approved by the secretary, the written request and notice of approval shall be placed in the employee's agency and Personnel Cabinet files maintained in accordance with KRS 18A.020(2)(a) ; or

(c) In the event of a salary schedule adjustment of an entry level wage of a pay grade, if an employee demoted to a lower pay grade, retained his or her salary, and was subsequently promoted and on promotional probation on the effective date of the new salary schedule, if the employee's salary is less than five (5) percent above the new entry level salary of the pay grade assigned to that employee on the effective date, the Personnel Cabinet shall adjust that employee's salary to five (5) percent above the new entry level wage.

(3) Reclassification.

(a) An appointing authority shall adjust the salary of an employee who is advanced to a higher pay grade through reclassification in one (1) of the following ways:

The greater of five (5) percent or the new grade minimum;
The greater of five (5) percent for each grade or the new grade minimum; or
If sufficient funds are available, up to the midpoint of the pay grade as long as the increase is greater than the increase established in subparagraph 1. of this paragraph.

(b) An employee who is placed in a lower pay grade through reclassification shall receive the same salary received prior to reclassification.

(c) If sufficient funds are available, an appointing authority may adjust up to the midpoint of the pay grade the salary of an employee who is placed in the same pay grade through reclassification.

(4) Reallocation.

(a) An employee who is advanced to a higher pay grade through reallocation shall receive a five (5) percent increase or an increase to the new grade minimum, whichever is greater. An appointing authority may grant a five (5) percent increase per grade upon reallocation to a higher grade.

(b) An employee who is placed in a lower pay grade through reallocation shall receive the same salary received prior to reallocation.

(5) Detail to special duty.

(a) An employee who is detailed to special duty in a higher grade shall receive a five (5) percent increase or an increase to the minimum of the grade, whichever is greater, for the duration of the period of the detail. An appointing authority may grant a salary increase of five (5) percent per grade for the duration of the detail.

(b) If sufficient funds are available, an appointing authority may adjust the salary of an employee who is placed in the same pay grade or higher pay grade through detail to special duty, up to the midpoint of the pay grade, as long as the increase is greater than the increase established in paragraph (a) of this subsection.

(c) An employee who is detailed to special duty to the same or lower grade shall continue to receive the same salary except as provided under paragraph (b) of this subsection.

(6) Reversion.

(a) The salary of an employee who is reverted following detail to special duty in a higher pay grade shall be adjusted to:

The salary received prior to the detail; and
All salary advancements and adjustments that would have been awarded if the detail had not occurred.

(b) The salary of an employee who is reverted from a position in the unclassified service to a position in the classified service shall be adjusted to:

The salary received prior to leaving the classified service; and
All salary advancements and adjustments that would have been awarded if the individual had remained in the classified service.

(7) Pay grade changes.

(a) If a job classification is assigned to a higher pay grade, the appointing authority shall raise the salary of an employee below the new grade minimum to the new grade minimum. If sufficient funds are available, an appointing authority may uniformly adjust the salary of all employees in that agency in that job classification to:

The greater of the new grade minimum or five (5) percent per pay grade;
The greater of the new grade minimum or ten (10) percent per pay grade; or
At a percentage determined by the Personnel Cabinet.

(b) If a job classification is assigned to a lower pay grade, an employee in that job classification shall retain his or her current salary.

(8) Special entrance rates. If a special entrance rate is established for a job classification, an appointing authority shall adjust the salary of an employee in that job classification, who is below the special entrance rate, to the new rate. If sufficient funds are available, on the same date as the establishment of the special entrance rate, an appointing authority may also grant a salary adjustment equal to the difference between the entrance of the pay grade and the new special entrance rate to other employees in that job classification, except those employees who are on initial probation.

(9) Other salary adjustments.

(a) On the 16th of a month, an appointing authority may grant a five (5) percent salary adjustment to an employee who was eligible for, but did not receive, an increase upon the completion of six (6) months service following promotion.

(b) On the 16th of a month, an appointing authority may grant a salary adjustment to an employee within an agency who was eligible for, but did not receive, at least a five (5) percent per pay grade increase or ten (10) percent per pay grade increase as a result of a grade change on or after January 1, 1999. The total adjustment under this provision when combined with an increase at the time of the grade change shall equal a five (5) percent per pay grade increase or ten (10) percent per pay grade increase to the employee's salary immediately prior to the grade change. The adjustment shall not be retroactive.

(c) If sufficient funds are available, an appointing authority may adjust the salary of one (1) or more unclassified employees in an office or department due to internal pay equity issues within a job classification or sustained retention issues impacting the mission of the agency.

The appointing authority shall substantiate in writing to the secretary the need for adjustment and include the proposed adjustment for each employee.

a. An adjustment that does not cause an employee's hourly rate to exceed the midpoint of the pay grade may be any amount; or

b. An adjustment that causes an employee's hourly rate to exceed the midpoint of the pay grade shall not exceed twenty-five (25) percent of the employee's hourly pay rate.

Section 4. Salary Advancements.

(1) Initial appointment increase. An appointing authority may grant a five (5) percent increase to an employee, except an interim employee, on the first day of the month following completion of the greater of six (6) months of service or the months of service required by 101 KAR 1:325, Section 1(2).

(2) Six (6) month promotional increase. An employee may receive a five (5) percent increase following the completion of the greater of six (6) months service after promotion or the months of service required by 101 KAR 1:325 Section 1(2).

(3) Annual increment dates shall be established:

(a) On the first day of the month following completion of the initial probation period; or

(b) On the first day of the month following completion of twelve (12) months service since receiving the last annual increment for an employee, other than an interim employee, who returns from leave without pay.

(4) Annual increment dates shall not change if an employee:

(a) Is in a position that is assigned a new or different pay grade;

(b) Receives a salary adjustment as a result of his or her position being reallocated;

(d) Is transferred;

(e) Is demoted;

(f) Is detailed to special duty;

(g) Receives an educational achievement award;

(h) Returns from military leave;

(i) Is reclassified; or

(j) Receives an increase six (6) months following promotion.

(5) Return from leave without pay. An employee, other than an interim employee, returning to duty from leave without pay shall receive an annual increment on the first of the month after receiving compensation in any twelve (12) months since the last increment was received.

(6) Service computation. Full-time and part-time service shall be counted when computing service for purposes of determining increment eligibility. Service as an interim employee, or in the former seasonal, temporary, or emergency categories shall not be considered.

(7) Order of calculating increments and other salary increases that occur at the same time. If an employee's increment date occurs on the same date that a salary adjustment or advancement is granted, the increment shall be applied before the adjustment or advancement is added to the employee's salary, except if the adjustment is based on a reversion, pay grade change, a salary schedule change, or establishment of a special entrance rate.

Section 5. Educational Achievement Award.

(1) On the 16th of a month, an appointing authority may grant a five (5) percent increase to an employee's base salary based on educational achievement as established in this section.

(2) An agency may elect not to participate in the educational achievement program if sufficient funds are not available.

(3) An employee shall not receive more than one (1) educational achievement award in a fiscal year.

(4) An employee shall not receive an educational achievement award and an adjustment for continuing excellence (ACE) based on the same training.

(5) By submitting a personnel action to grant an educational achievement award, the appointing authority shall certify that all of the qualifying conditions established in subsection (5) of this section for the appropriate type of educational achievement award have been met.

(a) For a high school diploma, high school equivalency certificate, or a passing score on the GED test, the qualifying conditions shall be met if:

The employee has obtained the high school diploma, equivalency certificate, or passing score on the GED test:

a. Outside of work hours;

b. While in state service; and

c. After establishing an increment date.

The employee has not previously attained a high school diploma, equivalency certificate, or passing score on the GED test; and
The employee has not completed college coursework on the undergraduate or graduate level prior to obtaining the high school diploma, equivalency certificate, or a passing score on the GED test.

(b) For postsecondary education or training, the qualifying conditions shall be met if:

The employee has completed 260 hours of job-related instruction, or the equivalent;
The employee began the course work after becoming a state employee and completed the course work after establishing an increment date;
The employee has completed the course work within five (5) years of the date on which the course work was begun;
The course work has not previously been applied toward an educational achievement award;
The agency has not paid for the course work or costs associated with the course work, in whole or in part; and
The employee was not on educational or extended sick leave when the courses were taken.

Section 6. Salary Schedule Adjustment.

(2) After consultation with the state budget director, if sufficient funds are available, and the Secretary of the Personnel Cabinet determines that an increase in the entry level wage of one (1) or more pay grades is warranted, the Personnel Cabinet shall identify each currently active employee in the pay grade or grades, other than an interim employee, who is not on initial or promotional probation at the time the revised salary schedule becomes effective. For an employee whose salary is less than five (5) percent above the new entry level salary of the pay grade assigned to that employee on the effective date, the Personnel Cabinet shall adjust that employee's salary to five (5) percent above the new entry level wage.

Section 7. Maintenance and Maintenance Allowance. If an employee, or the employee and family, is provided with full or partial maintenance, consisting of one (1) or more meals per day, lodging or living quarters, and domestic or other personal services, the maintenance shall be treated as partial payment of wages. The value of those services shall be deducted from the employee's salary in accordance with a maintenance schedule developed by the appropriate appointing authority after consultation with the Secretary of the Finance and Administration Cabinet.

Section 8. Supplemental Premiums.

(1) Locality premium.

(a)

Upon request by an appointing authority, the secretary may authorize and establish the amount of the payment of a locality premium for an employee who is regularly, temporarily, or intermittently assigned to work in a job classification, work county, and organizational unit where the agency can demonstrate sustained recruitment and retention issues impacting the mission of the agency; or
The secretary may direct the payment of a locality premium for an employee who is regularly, temporarily, or intermittently assigned to work in a job classification, work county, and organizational unit where there are demonstrated sustained recruitment and retention issues impacting the mission of the agency.

(d) The secretary may rescind authorization to pay a locality premium for a job classification at any time.

(e) Locality premium pay shall not be considered a part of base pay or wages and shall not be applied to any leave time usage.

(2) Shift premium.

(c) An employee shall not receive a shift premium after shift reassignment, transfer, promotion, or demotion to a position that is ineligible for a shift differential premium.

(d) The secretary may rescind authorization to pay shift premium for a job classification at any time.

(e) Shift differential pay shall not be considered a part of base pay or wages and shall not be applied to any leave time usage.

(3) Weekend premium.

(c) An employee shall not receive a weekend premium after reassignment, transfer, promotion, or demotion to a position that is ineligible for weekend premium.

(d) The secretary may rescind authorization to pay weekend premium at any time.

(e) Weekend premium pay shall not be considered part of the employee's base salary or wages and shall not be applied to any leave time usage.

(f) An agency may request, and be authorized for, both shift premium and weekend premium for the same job classifications.

(4) Multilingual hourly premium.

(c) An appointing authority shall submit the multilingual premium request to the Personnel Cabinet in writing. The request shall contain, at a minimum:

An explanation of the reason or reasons for granting the multilingual premium;
The percentage of time the employee will use multilingual skills; and
Certification by the appointing authority that the employee has completed multilingual testing and received a standard level of multilingual proficiency rating. This certification shall include the name of the testing facility or organization, the format of the test taken (oral, written, or a combination of oral and written), and the level of proficiency granted in the request for the multilingual premium.

(e) An employee shall not receive a multilingual hourly premium after reassignment, reclassification, transfer, promotion, reallocation, or demotion to a position that no longer requires work in a specified foreign language.

(f) An employee who ceases to perform work duties in a specified foreign language shall not be eligible to receive a multilingual hourly premium.

(g) The secretary may rescind the multilingual hourly premium authorization provided to an agency or individual employee at any time.

(h) The multilingual hourly premium shall not be considered a part of base pay or wages and shall not be applied to any leave time usage.

(5) Critical position premium.

(d) The critical position designation shall expire if the position becomes vacant.

(f) The appointing authority or the secretary may rescind authorization to pay a critical position premium at any time.

(g) A critical position premium shall not be considered a part of base pay or wages and shall not be applied to any leave time usage.

(6) Sign-on bonus.

(a) Upon written request by an appointing authority, the secretary may prospectively authorize a sign-on bonus for full-time or part time unclassified positions if:

The positions are in the same job classification, work county, and department or office where the appointing authority can substantiate sustained recruitment and retention issues impacting the mission of the agency;
The total amount of the sign-on bonus is uniform and does not exceed $5,000 for the job classification; and
Eligibility for the sign-on bonus is limited to a newly appointed or rehired employee who:

a. Has not been employed in a KRS Chapter 18A classified position within ninety (90) calendar days preceding the effective date of appointment or rehire;

b. Has not previously received any amount of sign-on bonus pursuant to this subsection; and

c. Is working or on approved leave at the time payment is scheduled to be issued.

(b) Once a sign-on bonus is authorized by the secretary, an eligible employee shall receive:

Twenty-five (25) percent of the total sign-on bonus on the first day of the month after appointment or rehire;
Twenty-five (25) percent of the total sign-on bonus on the first day of the month after completion of six (6) months of active service in the position into which the employee was appointed or rehired; and
Fifty (50) percent of the total sign-on bonus on the first day of the month after completion of twelve (12) months of active service in the position into which the employee was appointed or rehired.

(d) An employee who is detailed to special duty or whose position is reclassified or reallocated shall remain eligible for future payment of the original sign-on bonus amount.

(e) The secretary may rescind authorization to pay a sign-on bonus at any time prior to the effective date of appointment or rehire.

(f) A sign-on bonus shall not be considered a part of base pay or wages and shall not be applied to any leave time usage.

Section 9. Employee Recognition Award (ERA).

(1) On the 16th day of a month, an appointing authority may grant an employee an ERA in the form of a lump sum payment of any whole percentage from one (1) to ten (10) percent of the employee's annual salary if:

(a) The employee has not received an ERA in the preceding twenty four (24) months, nor an Adjustment for Continuing Excellence (ACE) award in the preceding twelve (12) months; and

(b)

The appointing authority determines that the employee's acts or ideas have resulted in significant financial savings or improvements in services to the Commonwealth and its citizens;
The employee has exhibited distinguished performance during participation in special projects that have had a significant beneficial impact on the department, office, or governmental operations; or
The employee has demonstrated a sustained level of exceptional job performance.

(3) The granting of an ERA shall be within the sole discretion of the appointing authority.

(4) If an appointing authority grants an ERA, the justification for the award shall be stated in writing and placed in the employee's personnel files.

(5) An appointing authority shall submit a written justification to the Personnel Cabinet to award an ERA. The justification shall:

(a) Explain the reason or reasons for the granting of the award; and

(b) Include a certification by the appointing authority that:

Sufficient funds are available within the department or office; and
The criteria and limitations established in this section have been met.

Section 10. Adjustment for Continuing Excellence (ACE) Award.

(1) On the 16th day of a month, an appointing authority may grant a salary adjustment of any whole percentage from one (1) to ten (10) percent of the employee's annual salary to a full-time employee's base pay as an ACE award if the employee has:

(a) An established annual increment date;

(c) Not received an ACE award in the preceding twenty-four (24) months or an ERA in the preceding twelve (12) months; and

(d)

Demonstrated a sustained level of exceptional job performance;
Assumed a significant level of additional job responsibilities or duties consistent with the assigned job classification and has performed them in an exceptional manner; or
Acquired professional or technical skills or knowledge through department or office directed or authorized attainment of a job related licensure, certification, or formal training that will substantially improve job performance.

(2) An employee shall not be eligible for an ACE award under this section if an educational achievement award has been granted for the same training.

(3) The granting of an ACE award shall be within the sole discretion of the appointing authority.

(4) An appointing authority shall submit a written justification to the Personnel Cabinet to grant an ACE award. The justification shall:

(a) Explain the reason or reasons for the granting of the award; and

(b) Include a certification by the appointing authority that:

The criteria and limitations established in this section have been met; and
Sufficient funds are available within the department's or office's current recurring base budget to support the award.

Section 11. Adoption Benefit Program. The provisions of the Adoption Benefit Program established in 101 KAR 2:120 shall apply to an employee in the unclassified service.

History

RELATES TO: KRS 18A.020, 18A.110, 18A.155, 18A.202, 199.555
STATUTORY AUTHORITY: KRS 18A.030(2), 18A.110(2), 18A.155(1)(b), (e), 18A.202(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.155 requires the Secretary of the Personnel Cabinet to promulgate administrative regulations for persons in positions enumerated in KRS 18A.115(1)(g), (h), (i), (j), (k), (p), (t), and (u). KRS 18A.110(2) requires the secretary to promulgate comprehensive administrative regulations for the unclassified service. KRS 18A.202 authorizes the secretary to implement work-related incentive programs for state employees. This administrative regulation establishes the compensation plan and pay incentives for employees in unclassified service.
History: 101 KAR 003:045. 17 Ky.R. 1248; 2173; eff. 12-6-1990; 21 Ky.R. 1742; 2094; eff. 2-8-1995; 22 Ky.R. 1666; eff. 5-16-1996; 26 Ky.R. 106; 581; eff. 8-25-1999; 42 Ky.R. 91; 664; eff. 10-2-2015; 43 Ky.R. 1011; eff. 3-3-2017; 45 Ky.R. 139, 646; eff. 10-5-2018; 45 Ky.R. 2960, 3394; eff. 7-5-2019; TAm eff. 4-16-2021; 49 Ky.R.1968, 50 Ky.R. 629; eff. 12-5-2023; 51 Ky.R. 1511; 52 Ky.R. 32; eff. 9-30-2025.

101 KAR 3:050 Unclassified service; promotion, transfer, and disciplinary actions {#sec-101-kar-3-050 omnilex-key=us-ky-regs-official--title-101--101 KAR 3:050}

Section 1. Appointment.

(1) An employee appointed to a position in the unclassified service, subject to this administrative regulation, shall meet the minimum requirements established for the class of position to which the appointment is made.

(2) If an interim employee serves in an interim capacity, the interim shall be for less than nine (9) full months in a single department or office during a twelve (12) month period.

(3) An employee appointed to a position subject to this administrative regulation shall serve at the will of the appointing authority and shall be subject to termination without prior notice or cause.

(4) If the appointment is to a position requiring approval pursuant to KRS 12.040 or 12.050, approval shall be obtained prior to the effective date of the appointment.

Section 2. Promotion.

(1) A vacant graded position subject to this administrative regulation, other than an interim position, may be filled by promotion from the classified or unclassified service.

(2) If the promotion is to a position requiring approval pursuant to KRS 12.040 or 12.050, approval shall be obtained prior to the effective date of the promotion.

Section 3. Transfer.

(1) A vacant position subject to this administrative regulation, other than an interim position, may be filled by transfer within the unclassified service, if in the best interest of the agency.

(2) If the transfer is to a position requiring approval pursuant to KRS 12.040 or 12.050, approval shall be obtained prior to the effective date of the transfer.

Section 4. Demotion.

(1) An employee subject to this administrative regulation, other than an interim employee, may be demoted to another position with or without cause on a voluntary or involuntary basis. An involuntary demotion shall be done on an intra-agency basis only.

(2) If the demotion is to a position requiring approval pursuant to KRS 12.040 or 12.050, approval shall be obtained prior to the effective date of the action.

Section 5. Detail to Special Duty.

(1) If the services of an employee subject to this administrative regulation, other than an interim employee, are needed in a vacant unclassified position within an agency other than the position to which regularly assigned, the employee may be detailed to that position for a period not to exceed one (1) year with approval of the Secretary of Personnel.

(2) If the detail is to a position requiring approval pursuant to KRS 12.040 or 12.050, approval shall be obtained prior to the effective date of the detail.

(3) The appointing authority shall notify the employee, in writing, of:

(a) The detail to special duty;

(b) The reasons for the action; and

Section 6. Temporary Overlap.

(1) For training purposes or if it is in the best interests of the service, with the approval of the secretary, an agency may place an employee, other than an interim employee, in an unclassified position currently occupied by another employee. If an employee is so placed, the period shall not exceed ninety (90) calendar days.

(2) If the overlap is in a position requiring approval pursuant to KRS 12.040 or 12.050, approval shall be obtained prior to the effective date of the action.

Section 7. Detail to Special Duty with Temporary Overlap.

(1) For training purposes or the best interest of the service, with the approval of the secretary, an agency may detail an employee to a position currently occupied by another employee. If an employee is so placed, the period shall not exceed ninety (90) calendar days. This detail with temporary overlap shall not be considered a part of the one (1) year detail to special duty to a vacant position. The detail to special duty with temporary overlap shall be a separate action.

(2) If the overlap is in a position requiring approval pursuant to KRS 12.040 or 12.050, approval shall be obtained prior to the effective date of the action.

(3) The appointing authority shall notify the employee, in writing, of:

(a) The detail to special duty with temporary overlap;

(b) The reasons for the action; and

(c) The pay grade of the position to which the employee is detailed with temporary overlap, the work week, and the salary.

Section 8. Separations.

(1) Resignations and retirement.

(a) An employee who decides to terminate his or her service shall submit a written resignation or notice of retirement to the appointing authority.

(b) A resignation or notice of retirement shall be submitted at least fourteen (14) calendar days' before the final working day. A copy of an employee's notice shall be attached to the separation personnel action and placed in the personnel files maintained by the agency and the Personnel Cabinet.

(c) Failure of an employee to give fourteen (14) calendar days notice may result in forfeiture of accrued annual leave, based on:

If the fourteen (14) day deadline was:

a. Practicable under the circumstances;

b. Appropriate for the situation; and

c. Complied with; or

If the appointing authority and the employee have agreed that the employee shall retain the leave.

(2) Termination. An employee subject to this administrative regulation may be terminated with or without cause.

(a) If the appointing authority elects to terminate the employee for cause, the employee shall be provided with notice in writing of the reasons for termination and of the employee's right to appeal to the Personnel Board pursuant to KRS 18A.095.

(b) If the appointing authority elects to terminate the employee without cause, this decision shall be stated in the written notice to the employee.

Section 9. Applicability for Unclassified Employees. Except as provided in this administrative regulation, the provisions of 101 KAR 2:095, 2:105, 2:106, 2:140, 2:150 and 2:160 shall apply to an employee in the unclassified service.

History

RELATES TO: KRS 12.040, 12.050, 18A.110, 18A.115, 18A.155
STATUTORY AUTHORITY: KRS 18A.110 (2), 18A.155(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.110 (2) requires the Secretary of Personnel to promulgate comprehensive administrative regulations for the unclassified service. KRS 18A.155(1) requires the Secretary of Personnel to promulgate administrative regulations for persons in positions as established in KRS 18A.115(1)(g), (h), (i), (j), (k), (p), (t), and (u). This administrative regulation establishes requirements for the employment, promotion, transfer, or discipline of employees in unclassified service.
History: 101 KAR 003:050. 13 Ky.R. 439; eff. 9-4-1986; 15 Ky.R. 2101; 16 Ky.R. 590; 1221; 1585; eff. 2-3-1990; 26 Ky.R. 413; 716; eff. 9-22-1999; 39 Ky.R. 2375; 40 Ky.R. 269; eff. 9-6-2013; 45 Ky.R. 144; eff. 10-5-2018; Crt eff. 7-14-2025.

Chapter 6 Personnel Cabinet, General

101 KAR 6:010 Living organ donor leave {#sec-101-kar-6-010 omnilex-key=us-ky-regs-official--title-101--101 KAR 6:010}

Section 1. Eligibility.

(1) A full-time employee of the executive, judicial, or legislative branch of the Commonwealth of Kentucky may request to receive paid living organ donor leave.

(2) Eligibility for living organ donor leave shall be limited to donations of bone marrow and any part of a human intestine, kidney, liver, lung, or pancreas.

Section 2. Procedures.

(1) An appointing authority shall grant preliminary approval for living organ donor leave after the employee provides verification of a scheduled donation.

(2) An appointing authority shall grant final approval to receive living organ donor leave after the employee provides verification of the completed donation procedure from an appropriate medical professional.

(3) Use of final-approved living organ donor leave shall begin on the date of the completed donation procedure. The leave shall end when the employee returns to work or the leave is exhausted, whichever comes first.

(4) Requests for leave prior to final approval of living organ donor leave, or after living donor leave concludes, shall comply with the employing agency's applicable regulations, policies, and procedures, if any.

(5) Before an employee is permitted to return to work from living organ donor leave, if requested by the appointing authority, the employee shall obtain and present a fitness-for-duty certification from an appropriate medical health care professional indicating the employee is able to resume work.

Section 3. Restrictions.

(1) For a single donation, living donor leave amounts shall not exceed two hundred forty (240) hours for human organ donation and forty (40) hours for bone marrow donation.

(2) Unless approved by the appointing authority, an employee shall not be eligible to claim the unused portion of living organ donor leave after returning to work.

(3) An employee receiving living organ donor leave shall be deemed to be in continuous state service with respect to all employment matters, including pay, benefits, seniority, and probation periods.

History

RELATES TO: KRS 18A.025, 18A.110
STATUTORY AUTHORITY: KRS 18A.194
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.194 requires the secretary of the Personnel Cabinet to promulgate administrative regulations to implement the provisions of the Commonwealth of Kentucky Organ Donor Leave Program. This administrative regulation establishes living organ donor leave procedures.
History: 47 Ky.R. 472; eff. 2-2-2021.

101 KAR 6:020 Kentucky Employees Charitable Campaign {#sec-101-kar-6-020 omnilex-key=us-ky-regs-official--title-101--101 KAR 6:020}

Section 1. Definitions.

(1) "Charitable federation" means a legally constituted grouping, made up of or supporting at least ten (10) health and human welfare organizations, all of which:

(a) Qualify as exempt voluntary charitable organizations pursuant to 26 U.S.C. 501(c)(3); and

(b) Have a substantial Kentucky presence.

(2) "Child Victims' Trust Fund" means the fund established by KRS 41.400 and administered in accordance with KRS 15.935 by the State Child Abuse and Neglect Prevention Board established by KRS 15.905.

(3) "Designated nonprofit agency" means an organization with proof of tax-exempt status pursuant to 26 U.S.C. 501(c)(3) written in on a pledge card by a state employee as a choice to receive contributions.

(4) "State employee" means a person, including an elected public official, who is employed by a department, board, agency, or branch of state government, except one (1) relating to a state college or university.

(5) "Substantial Kentucky presence" means a facility, staffed by professionals or volunteers, available to provide its services and open at least fifteen (15) hours a week and with a regional or statewide presence that meets the requirements of Section 2(2) of this administrative regulation.

Section 2. Requirements for the Kentucky Employees Charitable Campaign.

(1) General Purpose. The purpose of the Kentucky Employees Charitable Campaign shall be to:

(a) Provide an opportunity for employees to contribute to eligible Kentucky organizations through the state's payroll deduction process;

(b) Ensure accountability for participants in regard to the funds raised;

(d) Give recognition to state employee volunteers; and

(e) Minimize workplace disruption and administrative costs to Kentucky taxpayers by allowing only one (1) statewide payroll deduction charitable solicitation per year.

(2) An organization shall be considered to have a substantial Kentucky presence if the requirements established in this subsection are met.

(a) Services shall be available to state employees in the local community.

(b) Services shall directly benefit human beings whether children, youth, adults, the aged, the ill and infirm, or the mentally or physically disabled.

Care, research, education, or prevention in the fields of human health or social adjustment and rehabilitation;
Relief for victims of natural disasters and other emergencies; or
Assistance to those who are impoverished and in need of food, shelter, clothing, and basic human welfare services.

(3) The secretary shall approve a charitable organization for participation in the campaign if the charitable organization demonstrates:

(a) Proof of tax exempt status pursuant to 26 U.S.C. 501(c)(3);

(b) Proof of current registration and compliance with the reporting requirements of the Secretary of State and the Office of the Attorney General;

Adoption of a detailed annual budget;
Use of generally accepted accounting principles and procedures;
The board of directors' approval for deviations from the approved budget; and
An annual financial audit;

(d) Proof of direction by an active volunteer board of directors, which shall meet regularly and whose members shall serve without compensation;

(e) A written nondiscrimination policy;

(f) Public disclosure of fundraising administrative costs with a statement demonstrating that, if fund and administrative expenses are in excess of twenty-five (25) percent of total support and revenue, actual expenses for those purposes are reasonable under all the circumstances in its case; and

(g) Publication of an annual report available to the general public, which includes a full description of the organization's Kentucky activities including fundraising activities.

(4) Nothing in subsections (2) or (3) of this section shall prevent the Child Victims' Trust Fund from being eligible to participate in the Kentucky Employees Charitable Campaign as a charitable organization.

(5) A charitable federation may apply on behalf of all their member organizations if both the federation and all federation members meet the criteria established in subsection (3) of this section.

(6) Authority of the Secretary of Personnel.

(a) The Secretary of Personnel shall have the full authority over the procedures and policies relating to the operation of the Kentucky Employees Charitable Campaign.

(b) The secretary shall designate a group of state employees to compose the Kentucky Employees Charitable Campaign Committee to make recommendations on related matters.

(c) The committee shall be composed of a cross-section of state employees, involving the large cabinets and small agencies.

(d) The chair of the committee shall be appointed by the secretary.

(7) Functions of the committee. The committee shall make recommendations on:

(a) The designation of a campaign administrator who shall:

Serve for a minimum period of two (2) years; and
Be charged to manage and administer the charitable fund campaign for the Commonwealth, subject to the direction and control of the Secretary of Personnel. The campaign administrator shall have statewide workplace campaign experience and have the necessary staff and volunteer support to administer the Kentucky Employees Charitable Campaign;

(b) The establishment of the minimum amount, based on cost effectiveness, that an employee may authorize to be deducted for each approved charitable federation;

(d) The dates and duration of the campaign;

(e) The annual campaign budget submitted by the campaign administrator; and

(f) The costs of the campaign, which shall be:

Detailed in the budget; and
Borne by each recipient organization proportionally.

(8) Charitable federations to apply for statewide campaign.

(a) A federation desiring inclusion shall apply by February 15 of each year.

(b) A federation that has previously participated in the campaign shall update its application with a letter and a copy of the most recent year's audit.

(c) A charitable organization that has previously participated in the campaign shall be eligible if it fulfills all conditions of eligibility.

(9) The campaign administrator. The campaign administrator shall:

(a) Provide staffing to manage and administer the annual campaign, which includes preparing drafts of campaign materials for consideration by the Secretary of Personnel;

(b) Serve as the central accounting point for both campaign cash and for payroll deductions received from the Personnel Cabinet including:

The preparation and submission of an annual campaign budget. Costs of the campaign shall be divided among recipient organizations; and
A separate account maintained for managing the income and expenses of the campaign;

(c) Distribute campaign funds received from the Personnel Cabinet to participating organizations in accordance with agreed upon time periods. This shall include distribution of funds to designated nonprofit agencies;

(d) Provide an end-of-campaign report to the Secretary of Personnel and to participating organizations; and

(e) Annually furnish a financial statement prepared by a certified public accountant.

History

RELATES TO: KRS 15.905, 15.935, 41.400, 26 U.S.C. 501(c)(3)
STATUTORY AUTHORITY: KRS 18A.030, 18A.110, 2022 Ky. Acts ch. 75, sec. 21
NECESSITY, FUNCTION, AND CONFORMITY: KRS 18A.030 and 18A.110 require the Secretary of Personnel to promulgate comprehensive administrative regulations for the classified and unclassified service. 2022 Ky. Acts ch. 75, sec. 21 requires the Personnel Cabinet to promulgate administrative regulations to require the Kentucky Employees Charitable Campaign to include the Child Victims' Trust Fund as a participating charitable organization. This administrative regulation establishes procedures and requirements for the Kentucky Employees Charitable Campaign.
History: 48 Ky.R. 2878; eff. 9-27-2022.

Title 101 KAR — Personnel

Chapter 1 Personnel Board

101 KAR 1:325 Probationary periods {#sec-101-kar-1-325 omnilex-key=us-ky-regs-official--title-101--101 KAR 1:325}

101 KAR 1:335 Employee actions {#sec-101-kar-1-335 omnilex-key=us-ky-regs-official--title-101--101 KAR 1:335}

101 KAR 1:345 Disciplinary actions {#sec-101-kar-1-345 omnilex-key=us-ky-regs-official--title-101--101 KAR 1:345}

101 KAR 1:365 Appeal and hearing procedures {#sec-101-kar-1-365 omnilex-key=us-ky-regs-official--title-101--101 KAR 1:365}

101 KAR 1:367 Standards of conduct and technology governing recording board proceedings {#sec-101-kar-1-367 omnilex-key=us-ky-regs-official--title-101--101 KAR 1:367}

101 KAR 1:375 Employee grievances and complaints {#sec-101-kar-1-375 omnilex-key=us-ky-regs-official--title-101--101 KAR 1:375}

101 KAR 1:400 Promotion {#sec-101-kar-1-400 omnilex-key=us-ky-regs-official--title-101--101 KAR 1:400}

Chapter 2 Personnel Cabinet, Classified

101 KAR 2:020 Job classification plan {#sec-101-kar-2-020 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:020}

101 KAR 2:034 Classified compensation administrative regulations {#sec-101-kar-2-034 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:034}

101 KAR 2:046 Applying for employment, qualifications and examinations {#sec-101-kar-2-046 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:046}

101 KAR 2:056 Registers {#sec-101-kar-2-056 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:056}

101 KAR 2:066 Certification and selection of eligible applicants for appointment {#sec-101-kar-2-066 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:066}

101 KAR 2:076 Vacancies, detail to special duty and temporary overlap {#sec-101-kar-2-076 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:076}

101 KAR 2:086 Internship interview preference {#sec-101-kar-2-086 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:086}

101 KAR 2:095 Classified service general requirements {#sec-101-kar-2-095 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:095}

101 KAR 2:102 Classified leave general requirements {#sec-101-kar-2-102 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:102}

101 KAR 2:105 Sick leave sharing procedures {#sec-101-kar-2-105 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:105}

101 KAR 2:106 Annual leave sharing procedures {#sec-101-kar-2-106 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:106}

101 KAR 2:120 Incentive programs {#sec-101-kar-2-120 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:120}

101 KAR 2:140 Workers' Compensation Fund and Program {#sec-101-kar-2-140 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:140}

101 KAR 2:150 State Safety Program {#sec-101-kar-2-150 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:150}

101 KAR 2:160 Kentucky Employee Assistance Program (KEAP) {#sec-101-kar-2-160 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:160}

101 KAR 2:190 Employee performance management system {#sec-101-kar-2-190 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:190}

101 KAR 2:210 2026 Plan Year Handbook for the Public Employee Health Insurance Program {#sec-101-kar-2-210 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:210}

101 KAR 2:221 Employee Educational Assistance Program {#sec-101-kar-2-221 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:221}

101 KAR 2:230 Kentucky Employee Mediation and Workplace Resolution Programs {#sec-101-kar-2-230 omnilex-key=us-ky-regs-official--title-101--101 KAR 2:230}

Chapter 3 Personnel Cabinet, Unclassified

101 KAR 3:015 Leave requirements for unclassified service {#sec-101-kar-3-015 omnilex-key=us-ky-regs-official--title-101--101 KAR 3:015}

101 KAR 3:045 Compensation plan and pay incentives for unclassified service {#sec-101-kar-3-045 omnilex-key=us-ky-regs-official--title-101--101 KAR 3:045}

101 KAR 3:050 Unclassified service; promotion, transfer, and disciplinary actions {#sec-101-kar-3-050 omnilex-key=us-ky-regs-official--title-101--101 KAR 3:050}

Chapter 6 Personnel Cabinet, General

101 KAR 6:010 Living organ donor leave {#sec-101-kar-6-010 omnilex-key=us-ky-regs-official--title-101--101 KAR 6:010}

101 KAR 6:020 Kentucky Employees Charitable Campaign {#sec-101-kar-6-020 omnilex-key=us-ky-regs-official--title-101--101 KAR 6:020}

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