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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
lay-off to resign or retire in lieu of lay-off. Dismissals shall comply with statutes
relating thereto, and lay-offs 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 lay-off,
"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 lay-off 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;
(j) He cannot be located by postal authorities at the last address provided by
him; or
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(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.
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.
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