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18A.1131 Lay-off rules applicable to classified employees only.
(1)
(2)
(3)
(4)
(5)
(6)
A lay-off of a state employee with status in the executive branch due to the
abolition of a position, lack of work, or a material change in duties or
organization shall comply with the provisions of this section.
Prior to the notification of an employee that he is subject to lay-off and prior to
the lay-off of an employee, the appointing authority shall submit a lay-off plan
to the secretary of the Personnel Cabinet for approval. Such plan shall contain
the name of the employee and the reasons, in detail, for such lay-off. Upon
approval of the plan by the secretary, the employee shall be notified that he is
subject to lay-off and of:
(a) The reason for the lay-off;
(b) The procedures established by the provisions of KRS 18A.113 and this
section for the lay-off of employees; and
(c) The rights granted employees subject to lay-off and to laid-off employees.
(a) An employee subject to lay-off shall be transferred to a vacant position of
the same pay grade, level of duties, and responsibilities for which he is
qualified within the cabinet. Such position shall be located in the same
county as the position from which the employee is subject to lay-off;
(b) If such a vacancy does not exist, the employee shall be transferred to a
vacant position within the cabinet for which he is qualified. Such position
shall be located in the same county as the position from which the
employee is subject to lay-off; and
(c) If such a position is not available, the employee shall be notified of all
vacant positions within the cabinet for which he is qualified to take an
examination. The employee shall have the right to take an examination for
any vacant position within the cabinet for which he is qualified. If he
passes the examination, he shall be appointed to that position before any
applicant or eligible on a register, except another laid-off employee with
greater seniority already on such register.
(a) If no position is available to an employee subject to lay-off under the
procedure established by subsection (3) of this section, the appointing
authority shall notify the employee and the Personnel Cabinet; and
(b) The Personnel Cabinet shall coordinate efforts to transfer an employee
subject to lay-off to another agency. It shall have the authority to transfer
an employee subject to lay-off under this section, with the approval of the
appointing authority of the agency to which the employee is to be
transferred.
If no position is available, the employee shall have the right to take an
examination for any position for which he is qualified. If he passes the
examination, he shall be hired before any applicant or eligible on a register,
except a laid-off employee with greater seniority already on such register.
If no position is available to an employee subject to layoff under the procedure
established by subsections (3) and (4) of this section, the employee shall be
notified in writing that he is to be laid off effective fifteen (15) days after receipt
of notice, and of the rights and privileges granted laid-off employees.
Effective:July 15, 1998
History: Amended 1998 Ky. Acts ch. 154, sec. 29, effective July 15, 1998; and ch.
487, sec. 3, effective July 15, 1998. -- Created 1986 Ky. Acts ch. 494, sec. 5,
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.
Legislative Research Commission Note (7/15/98). This section was amended by
1998 Ky. Acts chs. 154 and 487. Where these Acts are not in conflict, they have
been codified together. Where a conflict exists, Acts ch. 487, which was last
enacted by the General Assembly, prevails under KRS 446.250.
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