Kentucky Statutes 61.394 – State employees’ leave of absence — Pay — Unused military leave
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(1) All officers and employees of this state, or of any department or agency thereof who are members of the National Guard or of any reserve component of the Armed Forces of the United States, or of the reserve corps of the United States Public Health Service, shall be entitled to leave of absence from their respective duties, without loss of time, pay, regular leave, impairment of efficiency rating, or of any other rights or benefits to which they are entitled, while:
(a) In the performance of duty or training in the service of a state or of the United
States under competent orders as specified in this section;
(b) Physically disabled as a result of an injury, illness, or disease incurred or aggravated in the line of duty while performing active-duty or inactive-duty training; or
(c) Entitled to incapacitation pay pursuant to 37 U.S.C. § 204.
Leave pursuant to paragraphs (b) and (c) of this subsection shall not exceed six (6)
months unless approved by the employee’s appointing authority.
(2) In any one (1) federal fiscal year, officers or employees, while on military leave, shall, upon request, be paid their salaries or compensations for a period or periods not exceeding twenty-one (21) calendar days. Any unused military leave in a federal fiscal year shall be carried over to the next year. Any unused military leave shall expire two (2) years after it has accrued.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 44, sec. 1, effective July 14, 2022. — Amended
2018 Ky. Acts ch. 82, sec. 3, effective July 14, 2018. — Amended 2006 Ky. Acts ch.
194, sec. 2, effective July 12, 2006. — Amended 2002 Ky. Acts ch. 95, sec. 2, effective July 15, 2002. — Amended 1994 Ky. Acts ch. 434, sec. 1, effective July 15,
1994. — Created 1962 Ky. Acts ch. 51, sec. 1.
(a) In the performance of duty or training in the service of a state or of the United
Terms Used In Kentucky Statutes 61.394
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Year: means calendar year. See Kentucky Statutes 446.010
States under competent orders as specified in this section;
(b) Physically disabled as a result of an injury, illness, or disease incurred or aggravated in the line of duty while performing active-duty or inactive-duty training; or
(c) Entitled to incapacitation pay pursuant to 37 U.S.C. § 204.
Leave pursuant to paragraphs (b) and (c) of this subsection shall not exceed six (6)
months unless approved by the employee’s appointing authority.
(2) In any one (1) federal fiscal year, officers or employees, while on military leave, shall, upon request, be paid their salaries or compensations for a period or periods not exceeding twenty-one (21) calendar days. Any unused military leave in a federal fiscal year shall be carried over to the next year. Any unused military leave shall expire two (2) years after it has accrued.
Effective: July 14, 2022
History: Amended 2022 Ky. Acts ch. 44, sec. 1, effective July 14, 2022. — Amended
2018 Ky. Acts ch. 82, sec. 3, effective July 14, 2018. — Amended 2006 Ky. Acts ch.
194, sec. 2, effective July 12, 2006. — Amended 2002 Ky. Acts ch. 95, sec. 2, effective July 15, 2002. — Amended 1994 Ky. Acts ch. 434, sec. 1, effective July 15,
1994. — Created 1962 Ky. Acts ch. 51, sec. 1.