2014 Kentucky Revised Statutes CHAPTER 61 - GENERAL PROVISIONS AS TO OFFICES AND OFFICERS -- SOCIAL SECURITY FOR PUBLIC EMPLOYEES -- EMPLOYEES RETIREMENT SYSTEM 61.373 Restoration of public employee to position after military duty -- Right to leave of absence -- Appeals.
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61.373 Restoration of public employee to position after military duty -- Right
to leave of absence -- Appeals.
(1)
(2)
(3)
Any public employee who leaves a position after June 16, 1966, voluntarily or
involuntarily, in order to perform military duty, and who is relieved or discharged
from such duty under conditions other than dishonorable, and who has not
been absent from public employment due to military duty in time of war or
national or state emergency for a period of time longer than the duration of the
war or national or state emergency plus six (6) months or in time of peace for a
period of time not longer than six (6) years, and makes application for
reemployment within ninety (90) days after he is relieved from military duty or
from hospitalization or treatment continuing after discharge for a period of not
more than one (1) year:
(a) If still physically qualified to perform the duties of his position, shall be
restored to such position if it exists and is not held by a person with
greater seniority, otherwise to a position of like seniority, status and pay;
(b) If not qualified to perform the duties of his position by reason of disability
sustained during such service, the public employee shall be placed in
another position, the duties of which he is qualified to perform and which
will provide him like seniority, status and pay, or the nearest
approximation thereof consistent with the circumstances of his case.
(a) Officers and employees of this state, or any department or agency
thereof, shall be granted a leave of absence by their employers for the
period required to perform active duty or training in the National Guard or
any reserve component of the Armed Forces of the United States.
(b) Upon the officer's or employee's release from a period of active duty or
training, except as provided in KRS 61.394, he or she shall be permitted
to return to his or her former position of employment or a position with
equivalent seniority, status, pay, and any other rights or benefits that
would have been bestowed if he or she had not been absent.
(c) An officer or employee who is not permitted to return to his or her former
position may appeal the dismissal in accordance with KRS Chapter 18A.
In the case of any person who is entitled to be restored to a position in
accordance with KRS 61.371 to 61.379, if the personnel board finds that the
department or agency with which such person was employed immediately prior
to his military duty:
(a) Is no longer in existence and its functions have not been transferred to
any other agency; or
(b) For any reason it is not feasible for such person to be restored to
employment by the department or agency, the board shall determine
whether or not there is a position in any other department or agency of
the same public employer for which the person is qualified and which is
either vacant or held by a person having a temporary appointment
thereto. In any case in which the board determines that there is such a
position, the person shall be restored to the position by the department or
agency in which the position exists.
Effective:April 13, 2010
History: Amended 2010 Ky. Acts ch. 153, sec. 13, effective April 13, 2010. -Created 1966 Ky. Acts ch. 32, sec. 2.
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