{"data":{"id":"us-ky/krs-61.373","jurisdiction":"us-ky","citation":"KRS 61.373","heading":"Restoration of public employee to position after military duty -- Right to","body":"leave of absence -- Appeals.\n(1) Any public employee who leaves a position after June 16, 1966, voluntarily or\ninvoluntarily, in order to perform military duty, and who  is relieved or discharged\nfrom such duty under conditions other than dishonorable, and who has not been\nabsent from public employment due to military duty in time of war or national or\nstate emergency for a period of time longer than the duration of the w ar or national\nor state emergency plus six (6) months or in time of peace for a period of time not\nlonger than six (6) years, and makes application for reemployment within ninety\n(90) days after he or she is relieved from military duty or from hospitalizat ion or\ntreatment continuing after discharge for a period of not more than one (1) year:\n(a) If still physically qualified to perform the duties of his or her position, shall be\nrestored to such position if it exists and is not held by a person with greater\nseniority, otherwise to a position of like seniority, status, and pay;\n(b) If not qualified to perform the duties of his or her position by reason of\ndisability sustained during such service, the public employee shall be placed\nin another position, the du ties of which he or she is qualified to perform and\nwhich will provide him or her like seniority, status, and pay, or the nearest\napproximation thereof consistent with the circumstances of his or her case.\n(2) (a) Officers and employees of this state, or a ny department or agency thereof,\nshall be granted a leave of absence by their employers for the period required\nto perform active duty or training in the National Guard or any reserve\ncomponent of the Armed Forces of the United States.\n(b) Upon the officer 's or employee's release from a period of active duty or\ntraining, except as provided in KRS 61.394, he or she shall be permitted to\nreturn to his or her former position of employment or a position with\nequivalent seniority, status, pay, and any other righ ts or benefits that would\nhave been bestowed if he or she had not been absent.\n(c) An officer or employee who is not permitted to return to his or her former\nposition may appeal the dismissal in accordance with KRS Chapter 18A.\n(3) In the case of any perso n who is entitled to be restored to a position in accordance\nwith KRS 61.371 to 61.377, if the personnel board finds that the department or\nagency with which such person was employed immediately prior to his or her\nmilitary duty:\n(a) Is no longer in existe nce and its functions have not been transferred to any\nother agency; or\n(b) For any reason it is not feasible for such person to be restored to employment\nby the department or agency, the board shall determine whether or not there is\na position in any other department or agency of the same public employer for\nwhich the person is q ualified and which is either vacant or held by a person\nhaving a temporary appointment thereto. In any case in which the board\ndetermines that there is such a position, the person shall be restored to the\nposition by the department or agency in which the position exists.","path":["KRS Chapter 61"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=53734","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:49:14Z","sha256":"ffb4ea34bdec04609a32ffc78cc3e0f2510b83fe3a7d97829824b5e117a4bf00","source_id":"us-ky","stale":false,"prev":"us-ky/krs-61.371","next":"us-ky/krs-61.375"},"notice":"GroundRules: Original legal text. Not legal advice."}