KRS 61.373: Restoration of public employee to position after military duty -- Right to

leave of absence -- Appeals.

(1) 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 w ar 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 or she is relieved from military duty or from hospitalizat ion 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 or her 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 or her position by reason of

disability sustained during such service, the public employee shall be placed

in another position, the du ties of which he or she is qualified to perform and

which will provide him or her like seniority, status, and pay, or the nearest

approximation thereof consistent with the circumstances of his or her case.

(2) (a) Officers and employees of this state, or a ny 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 righ ts 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.

(3) In the case of any perso n who is entitled to be restored to a position in accordance

with KRS 61.371 to 61.377, if the personnel board finds that the department or

agency with which such person was employed immediately prior to his or her

military duty:

(a) Is no longer in existe nce 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 q ualified 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.