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18A.005 Definitions for chapter.
As used in this chapter, unless the context indicates otherwise:
(1) "Appointing authority" means the agency head or any person whom he has
authorized by law to designate to act on behalf of the agency with respect to
employee appointments, position establishments, payroll documents, register
requests, waiver requests, requests for certification, or other position actions.
Such designation shall be in writing and signed by both the agency head and
his designee. Prior to the exercise of appointing authority, such designation
shall be filed with the secretary;
(2) "Base salary or wages" means the compensation to which an employee is
entitled under the salary schedules adopted pursuant to the provisions of KRS
18A.030 and 18A.110. Base salary or wages shall be adjusted as provided
under the provisions of KRS 18A.355 and 48.130;
(3) "Board" means the Personnel Board created by KRS 18A.045;
(4) "Career employee" shall mean a state employee with sixteen (16) or more
years of permanent full-time state service, or the part-time employment
equivalent of at least sixteen (16) years of full-time state service. The service
may have been in the classified service, the unclassified service, or a
combination thereof;
(5) "Certification" means the referral of the name of one (1) or more qualified
prospective employees by the secretary on request of an appointing officer for
consideration in filling a position in the classified service;
(6) "Class" means a group of positions sufficiently similar as to duties performed,
scope of discretion and responsibility, minimum requirements of training,
experience, or skill, and such other characteristics that the same title, the same
tests of fitness, and the same schedule of compensation have been or may be
applied to each position in the group;
(7) "Classified employee" means an employee appointed to a position in the
classified service whose appointment and continued employment are subject to
the classified service provisions of this chapter;
(8) "Classified position" means a position in the executive branch of state
government that is not exempt from the classified service under KRS Chapter
16, KRS 18A.115, KRS Chapter 151B, or any other provision of law;
(9) "Classified service" includes all the employment subject to the terms of this
chapter except for those positions expressly cited in KRS 18A.115; a "classified
position" is a position in the classified service;
(10) "Secretary" means the secretary of the Personnel Cabinet as provided for in
KRS 18A.015;
(11) "Demotion" means a change in the rank of an employee from a position in one
(1) class to a position in another class having a lower minimum salary range
and less discretion or responsibility;
(12) "Cabinet" means the Personnel Cabinet provided for in KRS 18A.015, unless
the context indicates otherwise;
(13) "Eligible" refers to a person who has made a passing score on any
examination required under KRS 18A.010 to 18A.200 or who has qualified to
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be placed on a register;
"Employee" means a person regularly appointed to a position in the state
service for which he is compensated on a full-time, part-time, or interim basis;
"Federally funded time-limited employee" means an employee in the
unclassified service, appointed to a position that is funded one hundred percent
(100%) by a federal grant or grants. An employee appointed to a federally
funded time-limited position shall be required to meet the minimum
requirements for the classification in which he or she is hired and, subject to
the provisions of KRS 18A.113, shall serve at the pleasure of the appointing
authority during a period of time that shall not exceed the life of the federal
grant that funds the position. A federally funded time-limited employee who has
been aggrieved by notice of disciplinary action or termination, other than an
action based on expiration of the federal grant funding, may petition the
appointing authority of the agency for the opportunity to be heard by the
appointing authority or his designee prior to the effective date of the disciplinary
action or termination. The decision of the appointing authority shall be final
except as provided by KRS 18A.095(14) and 18A.140. A federally funded
time-limited employee shall not have the right of appeal to the Personnel Board
except as provided by KRS 18A.095(14) and 18A.140;
"Federally funded position" means a full-time or a part-time position in which
the unclassified employee is eligible for benefits at the same level as a
classified employee in a permanent position;
"Full-time employee" means an employee in a full-time position;
"Full-time position" means a position, other than an interim position, requiring
an employee to work at least thirty-seven and one-half (37.5) hours in a work
week, except for the following:
(a) Positions in the state parks, where the work assigned is dependent upon
fluctuations in tourism, may be assigned work hours from twenty-five (25)
hours per week during the off seasons and remain in full-time positions;
and
(b) Positions in health care facilities, which regularly involve three (3)
consecutive days of twelve (12) hour shifts to cover weekends, shall be
considered full-time;
"Initial probation" means the period of service following initial appointment to
any position under KRS 18A.010 to 18A.200 which requires special
observation and evaluation of an employee's work and which must be passed
successfully before status may be conferred as provided in KRS 18A.110 and
by the provisions of this chapter. If the appointee is granted leave in excess of
twenty (20) consecutive work days during this period, his initial probation shall
be extended for the same length of time as the granted leave to cover such
absence;
"Interim employee" means an unclassified employee without status who has
been appointed to an interim position that shall be less than nine (9) months
duration;
"Interim position" means a position established to address a one-time or
recurring need of less than nine (9) months duration and exempt from the
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classified service under KRS 18A.115;
"Part-time employee" means an employee in a part-time position;
"Part-time position" means a position, other than an interim position, requiring
an employee to work less than one hundred (100) hours per month;
"Penalization" means demotion, dismissal, suspension, fines, and other
disciplinary actions; involuntary transfers; salary adjustments; any action that
increases or diminishes the level, rank, discretion, or responsibility of an
employee without proper cause or authority, including a reclassification or
reallocation to a lower grade or rate of pay; and the abridgment or denial of
other rights granted to state employees;
"Position" means an office or employment in an agency (whether part-time,
full-time, or interim, occupied, or vacant) involving duties requiring the services
of one (1) person;
"Promotion" means a change of rank of an employee from a position in one (1)
class to a position in another class having a higher minimum salary or carrying
a greater scope of discretion or responsibility;
"Promotional probation" means the period of service, consistent with the length
of the initial probationary period, following the promotion of an employee with
status which must be successfully completed in order for the employee to
retain the position to which he has been promoted. If the employee is granted
leave in excess of twenty (20) consecutive work days during this period, his
promotional probation shall be extended for the same length of time as the
granted leave to cover such absence;
"Qualifying" means the selection method type which results when the
knowledge, skills, and abilities necessary for a job classification cannot be
accurately measured by written examination;
"Reallocation" means the correction of the classification of an existing position
by placement of the position into the classification that is appropriate for the
duties the employee has been and shall continue to perform;
"Reclassification" shall mean the change in the classification of an employee
when a material and permanent change in the duties or responsibilities of that
employee has been assigned in writing by the appointing authority;
"Reemployment" shall mean the rehiring of an employee with status who has
been laid-off;
"Reemployment register" means the separate list of names of persons who
have been separated from state service by reason of lay-off. Reemployment
registers shall be used as provided by the provisions of KRS 18A.110,
18A.130, and 18A.135;
"Register" means any official list of eligibles for a particular class and, except
as provided in this chapter, placed in rank order according to the examination
scores maintained for use in making original appointments or promotions to
positions in the classified service;
"Reinstatement" means the privilege of restoration of an employee who has
resigned in good standing at the option of the appointing authority, or who has
been ordered reinstated by the board or a court to a position in his former
class, or to a position of like status and pay;
(35) "Reversion" means either the returning of a status employee to his or her last
position held in the classified service, if vacant, or the returning of a status
employee to a vacant position in the same or similar job classification as his or
her last position held in the classified service. Reversion occurs after a career
employee is terminated other than for cause from the unclassified service or
after a status employee fails to successfully complete promotional probation.
Reversion after unsuccessful completion of promotional probation, or in the
case of a career employee after termination from the unclassified service, may
only be appealed to the Personnel Board under KRS 18A.095(12);
(36) "Seniority" means the total number of months of state service;
(37) "Status" means the acquisition of tenure with all rights and privileges granted
by the provisions of this chapter after satisfactory completion of the initial
probationary period by an employee in the classified service; and
(38) "Transfer" means a movement of any employee from one (1) position to
another of the same grade having the same salary ranges, the same level of
responsibility within the classified service, and the same salary received
immediately prior to transfer.
Effective:April 13, 2010
History: Amended 2010 Ky. Acts ch. 153, sec. 1, effective April 13, 2010. -Amended 2009 Ky. Acts ch. 75, sec. 14, effective June 25, 2009. -- Amended
2004 Ky. Acts ch. 127, sec. 1, effective July 13, 2004. -- Amended 2002 Ky.
Acts ch. 122, sec. 1, effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 91,
sec. 1, effective July 14, 2000. -- Amended 1998 Ky. Acts ch. 154, sec. 10,
effective July 15, 1998; and ch. 540, sec. 1, effective July 15, 1998. -- Amended
1990 Ky. Acts ch. 309, sec. 3, effective July 13, 1990. -- Amended 1988 Ky.
Acts ch. 129, sec. 1, effective July 15, 1988; and ch. 203, sec. 1, effective July
15, 1988. -- Amended 1986 Ky. Acts ch. 494, sec. 7, effective July 15, 1986. -Repealed, reenacted, and amended as KRS 18A.005, 1982 Ky. Acts ch. 448,
sec. 1, effective July 15, 1982. -- Amended 1980 Ky. Acts ch. 132, sec. 1,
effective July 15, 1980; and ch. 355, sec. 4, effective July 15, 1980. -- Amended
1978 Ky. Acts ch. 269, sec. 1, effective June 17, 1978. -- Amended 1976 Ky.
Acts ch. 86, sec. 1, effective March 19, 1976. -- Amended 1974 Ky. Acts ch.
162, sec. 1. -- Created 1960 Ky. Acts ch. 63, sec. 2.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, C, 2, (2) at 628.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. I, D, 10, (1) at 636.
2014-2016 Budget Reference. See State/Executive Branch Budget, 2014 Ky. Acts
ch. 117, Pt. IV, 6 at 744.
Formerly codified as KRS 18.110.
Legislative Research Commission Note (7/13/2004). 2004 Ky. Acts ch. 127, sec.
5, provides that "Employment in a federally funded position, as defined in
subsection (16) of Section 1 of this Act [KRS 18A.005], shall not exceed the
original grant period or any renewal thereof. A copy of the relevant section or
sections of the federal grant which relate to the establishment of a time frame for
the position shall become part of the employee's personnel file and shall be
reported and justified to the State Personnel Board."
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