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156.830 Coercion of employees prohibited -- Lay-off priorities.
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It shall be unlawful to coerce certified and equivalent employees who may be or
who are subject to lay-off to resign or retire in lieu of lay-off. Dismissals shall
comply with applicable statutes and lay-offs shall not be utilized as a method of
dismissal.
In the same office, county, and job classification, temporary, emergency, limited
status, and probationary employees shall be laid-off before permanent full-time or
permanent part-time employees with continuing status. The Office of Career and
Technical Education 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
commissioner of education have the same qualifications and similar performance
evaluations, the employee with the lesser seniority shall be laid-off first.
An employee who is laid-off shall be placed on a reemployment list for the class of
position from which laid-off and for any class for which such employee is qualified.
For a period of three (3) years, laid-off employees shall be considered before any
applicant from outside the Office of Career and Technical Education, except
another laid-off employee with more seniority who is already on the list.
For a period of three (3) years, a laid-off employee shall not be removed from the
list unless:
(a) The laid-off employee notifies the office in writing that he or she no longer
wishes to be considered for a position on the list;
(b) Two (2) written offers of appointment are declined, the offers to be for a
position of the same classification and salary, and located in the same county
or contiguous counties, as the position from which laid-off;
(c) Two (2) written offers to schedule an interview are made and the laid-off
employee fails to respond to a certified letter requesting the laid-off employee
to schedule an interview within ten (10) working days;
(d) The laid-off employee fails to report for an interview after notification in
writing at least ten (10) calendar days prior to the date of the interview;
(e) The laid-off employee cannot be located by postal authorities at the last
address provided; or
(f) The laid-off employee has willfully violated the provisions of KRS 156.800 to
156.860.
When a laid-off employee has accepted a bona fide offer of appointment to any
position, effective on a specified date, the employee's name may be removed from
the list for all classes for which the maximum salary is the same as or less than that
of the class of appointment.
When a laid-off employee is removed from the reemployment list, the employee
shall be notified in writing and shall be notified of the right to appeal to the board
under provisions of KRS 156.820.
Effective: June 25, 2013
History: Repealed, reenacted, renumbered, and amended 2013 Ky. Acts ch. 59, sec. 18,
effective June 25, 2013. -- Amended 2006 Ky. Acts ch. 211, sec. 31, effective July
12, 2006. -- Amended 2000 Ky. Acts ch. 526, sec. 24, effective July 14, 2000. -Amended 1994 Ky. Acts ch. 363, sec. 5, effective July 15, 1994; and ch. 469, sec.
16, effective July 15, 1994. -- Created 1990 Ky. Acts ch. 470, sec. 14, effective July
1, 1990.
Formerly codified as KRS 151B.080.
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