Kentucky Statutes 18A.113 – Layoff, furlough, and reduction-in-hours rules — Notice — Reemployment — Administrative regulations
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(1) As used in this section:
(a) “Furlough” or “reduction in hours” means the temporary reduction of hours an employee is scheduled to work by the appointing authority within a pay period; and
(b) “Layoff” means discharge of employment subject to the rights contained in this section.
(2) An appointing authority shall have the authority to layoff or furlough employees or reduce hours of employment for any of the following reasons:
(a) Lack of funds or budgetary constraints; (b) A reduction in spending authorization; (c) Lack of work;
(d) Abolishment of a position; (e) Efficiency; or
(f) Other material change in duties or organization.
(3) The appointing authority shall determine the classifications affected, the number of employees laid off in each classification, and each county to which a layoff applies. In the same department or office, county, and job classification, interim and probationary employees shall be laid off before full-time or part-time employees with status. For purposes of layoff, “probationary employee” shall not include an employee with status serving a promotional probation.
(4) The provisions of this section shall not apply to federally funded time-limited employees.
(5) The secretary of the Personnel Cabinet shall approve all actions taken under subsection (2) of this section and no such layoff, furlough, or reduction of hours may begin until the approval has been granted. The appointing authority, with the approval of the secretary, shall have the authority to determine the extent, effective dates, and length of any action taken under subsection (2) of this section.
(6) In determining a layoff, the appointing authority shall consider all employees under the same appointing authority, within the classification affected, and within the county affected. Consideration shall be given to the following relevant factors and in this order:
(a) Job performance evaluations;
(b) Education, training, and experience; (c) Disciplinary record; and
(d) Seniority.
(7) Any classified employee with status whose position is subject to layoff, furlough, or reduction of hours shall be provided written notice containing the reason for the action at least thirty (30) days in advance of the effective date of the action.
(8) (a) Any classified employee with status who is laid off shall be eligible to apply as a reemployment applicant for the job classification from which he or she
was laid off, in the cabinet from which he or she was laid off for a period of two (2) years. A reemployment applicant shall be hired before any applicant except another reemployment applicant with greater seniority who is on the same register.
(b) A reemployment applicant shall not be removed from any register except as provided in KRS § 18A.032.
(c) When a reemployment applicant is removed from a register, he or she shall be notified in writing or electronically and shall have the right to appeal to the board within thirty (30) calendar days after receipt of the notification, excluding the day he or she receives notice.
(d) A reemployment applicant who accepts any classified position, or who retires through the Kentucky Employees Retirement System or Kentucky Teachers’ Retirement System, shall cease to have eligibility rights as a reemployment applicant.
(9) With the approval of the secretary, the Personnel Cabinet may place employees subject to a reduction in workforce in a different position.
(10) The secretary shall promulgate administrative regulations pursuant to KRS Chapter
13A to fully implement the provisions of this section.
(11) A layoff, furlough, or reduction of hours implemented in accordance with this section shall not be appealable to the Personnel Board.
Effective: June 29, 2023
History: Repealed and reenacted 2023 Ky. Acts ch. 35, sec. 7, effective June 29, 2023.
— 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.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, C, 2, (1) at 1658.
(a) “Furlough” or “reduction in hours” means the temporary reduction of hours an employee is scheduled to work by the appointing authority within a pay period; and
Terms Used In Kentucky Statutes 18A.113
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appointing authority: means the agency head or any person whom he or she 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. See Kentucky Statutes 18A.005
- Board: means the Personnel Board created by KRS §. See Kentucky Statutes 18A.005
- branch budget: means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet. See Kentucky Statutes 446.010
- Cabinet: means the Personnel Cabinet provided for in KRS §. See Kentucky Statutes 18A.005
- Classified employee: means an employee appointed to a position in the classified service under this chapter whose appointment and employment are subject to the classified service provisions of this chapter and the administrative regulations promulgated under this chapter. See Kentucky Statutes 18A.005
- classified position: is a position in the classified service. See Kentucky Statutes 18A.005
- Eligible: refers to a person who has made a passing score on any examination required under KRS §. See Kentucky Statutes 18A.005
- Employee: means a person regularly appointed to a position in the state service for which he or she is compensated on a full-time, part-time, or interim basis. See Kentucky Statutes 18A.005
- 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. See Kentucky Statutes 18A.005
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Reemployment: shall mean the rehiring of an employee with status who has been laid off. See Kentucky Statutes 18A.005
- 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. See Kentucky Statutes 18A.005
- Secretary: means the secretary of the Personnel Cabinet as provided for in KRS
18A. See Kentucky Statutes 18A.005 - Seniority: means the total number of months of state service. See Kentucky Statutes 18A.005
- 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. See Kentucky Statutes 18A.005
(b) “Layoff” means discharge of employment subject to the rights contained in this section.
(2) An appointing authority shall have the authority to layoff or furlough employees or reduce hours of employment for any of the following reasons:
(a) Lack of funds or budgetary constraints; (b) A reduction in spending authorization; (c) Lack of work;
(d) Abolishment of a position; (e) Efficiency; or
(f) Other material change in duties or organization.
(3) The appointing authority shall determine the classifications affected, the number of employees laid off in each classification, and each county to which a layoff applies. In the same department or office, county, and job classification, interim and probationary employees shall be laid off before full-time or part-time employees with status. For purposes of layoff, “probationary employee” shall not include an employee with status serving a promotional probation.
(4) The provisions of this section shall not apply to federally funded time-limited employees.
(5) The secretary of the Personnel Cabinet shall approve all actions taken under subsection (2) of this section and no such layoff, furlough, or reduction of hours may begin until the approval has been granted. The appointing authority, with the approval of the secretary, shall have the authority to determine the extent, effective dates, and length of any action taken under subsection (2) of this section.
(6) In determining a layoff, the appointing authority shall consider all employees under the same appointing authority, within the classification affected, and within the county affected. Consideration shall be given to the following relevant factors and in this order:
(a) Job performance evaluations;
(b) Education, training, and experience; (c) Disciplinary record; and
(d) Seniority.
(7) Any classified employee with status whose position is subject to layoff, furlough, or reduction of hours shall be provided written notice containing the reason for the action at least thirty (30) days in advance of the effective date of the action.
(8) (a) Any classified employee with status who is laid off shall be eligible to apply as a reemployment applicant for the job classification from which he or she
was laid off, in the cabinet from which he or she was laid off for a period of two (2) years. A reemployment applicant shall be hired before any applicant except another reemployment applicant with greater seniority who is on the same register.
(b) A reemployment applicant shall not be removed from any register except as provided in KRS § 18A.032.
(c) When a reemployment applicant is removed from a register, he or she shall be notified in writing or electronically and shall have the right to appeal to the board within thirty (30) calendar days after receipt of the notification, excluding the day he or she receives notice.
(d) A reemployment applicant who accepts any classified position, or who retires through the Kentucky Employees Retirement System or Kentucky Teachers’ Retirement System, shall cease to have eligibility rights as a reemployment applicant.
(9) With the approval of the secretary, the Personnel Cabinet may place employees subject to a reduction in workforce in a different position.
(10) The secretary shall promulgate administrative regulations pursuant to KRS Chapter
13A to fully implement the provisions of this section.
(11) A layoff, furlough, or reduction of hours implemented in accordance with this section shall not be appealable to the Personnel Board.
Effective: June 29, 2023
History: Repealed and reenacted 2023 Ky. Acts ch. 35, sec. 7, effective June 29, 2023.
— 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.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, C, 2, (1) at 1658.