KRS 18A.113: Layoff, furlough, and reduction -in-hours rules -- Notice -- Reemployment

-- Administrative regulations.

(1) As used in this section:

(a) "Furlough" or "reduction in hours" means the temporary reduction of hours an

employee is scheduled to wor k 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 a pply 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 grant ed. 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 t he 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 promulg ate 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.