18A.113 Lay-off rules -- General.
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It shall be unlawful to coerce employees who may be or who are subject to layoff to
resign or retire in lieu of layoff. Dismissals shall comply with statutes relating
thereto, and layoffs shall not be utilized as a method of dismissal.
In the same cabinet, county, and job classification, federally funded time-limited,
interim, and probationary employees shall be laid off before full-time or part-time
employees with status. For purposes of layoff, "probationary employee" does not
include an employee with status serving a promotional probation. A cabinet shall
not transfer positions, including vacant positions, in order to circumvent the
provisions of this section.
If two (2) or more employees subject to layoff in a lay-off plan submitted to the
secretary have the same qualifications, the employee with the lesser seniority shall
be laid off first.
An employee who is laid off shall be placed on a reemployment register for the
class of position from which he was laid off and for any class for which he is
qualified. He shall have the right to test for any class of position for which he is
qualified to take an examination. If he passes the examination, he shall be placed on
the register for the class.
For a period of five (5) years, laid-off employees shall be hired before any applicant
or eligible except another laid-off employee with greater seniority who is already on
such register.
For a period of five (5) years, a laid-off employee shall not be removed from any
register unless:
(a) He notifies the cabinet in writing that he no longer desires consideration for a
position on such register;
(b) He declines two (2) written offers of appointment to a position of the same
classification and salary, and located in the same county, as the position from
which he was laid off;
(c) Without good cause, he fails to report for an interview after he has been
notified in writing at least ten (10) calendar days prior to the date of the
interview;
(d) He is unqualified for appointment;
(e) He is unable to perform the duties of the class;
(f) He has made a false statement of a material fact in his application;
(g) He has used or attempted to use political influence or bribery to secure an
advantage in connection with his placement on the register;
(h) He has been convicted of a felony within the preceding five (5) years and his
civil rights have not been restored or he has not been pardoned by the
Governor;
(i) He has been convicted of a job related misdemeanor, except that convictions
for violations of traffic regulations shall not constitute grounds for
disqualification;
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He cannot be located by postal authorities at the last address provided by him;
or
(k) He has otherwise willfully violated the provisions of this chapter.
When the cabinet is notified by an appointing authority that a laid-off employee has
accepted a bona fide offer of appointment to any position, effective on a specified
date, his name may be removed from the register for all classes for which the
maximum salary is the same as or less than that of the class to which he has been
appointed.
When a laid-off employee is removed from a register he shall be notified in writing
and shall be notified of his right to appeal to the board under the provisions of KRS
18A.095.
Effective: July 13, 2004
History: Amended 2004 Ky. Acts ch. 127, sec. 2, effective July 13, 2004. -- Amended
1998 Ky. Acts ch. 154, sec. 28, effective July 15, 1998; and ch. 540, sec. 3, effective
July 15, 1998. -- Created 1986 Ky. Acts ch. 494, sec. 4, effective July 15, 1986.
2010-2012 Budget Reference. See State/Executive Branch Budget, 2010 (1st Extra.
Sess.) StateKy. Acts ch. 1, Pt. I, C, 1, (2) at 18.
2010-2012 Budget Reference. See State/Executive Branch Budget, 2010 (1st Extra.
Sess.) Ky. Acts ch. 1, Pt. I, D, 10, (1) at 28.
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