18A.113 Lay-off rules -- General.
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18A.113 Lay-off rules -- General.
(1) It shall be unlawful to coerce employees who may be or who are subject to layoff to
resign or retire in lieu of layoff. Dismissals shall comply with statutes relating <br>thereto, and layoffs shall not be utilized as a method of dismissal.
(2) In the same cabinet, county, and job classification, federally funded time-limited,
interim, and probationary employees shall be laid off before full-time or part-time <br>employees with status. For purposes of layoff, "probationary employee" does not <br>include an employee with status serving a promotional probation. A cabinet shall <br>not transfer positions, including vacant positions, in order to circumvent the <br>provisions of this section.
(3) If two (2) or more employees subject to layoff in a lay-off plan submitted to the
secretary have the same qualifications, the employee with the lesser seniority shall <br>be laid off first.
(4) An employee who is laid off shall be placed on a reemployment register for the
class of position from which he was laid off and for any class for which he is <br>qualified. He shall have the right to test for any class of position for which he is <br>qualified to take an examination. If he passes the examination, he shall be placed on <br>the register for the class.
(5) For a period of five (5) years, laid-off employees shall be hired before any applicant
or eligible except another laid-off employee with greater seniority who is already on <br>such register.
(6) For a period of five (5) years, a laid-off employee shall not be removed from any
register unless: <br>(a) He notifies the cabinet in writing that he no longer desires consideration for a
position on such register;
(b) He declines two (2) written offers of appointment to a position of the same
classification and salary, and located in the same county, as the position from <br>which he was laid off;
(c) Without good cause, he fails to report for an interview after he has been
notified in writing at least ten (10) calendar days prior to the date of the <br>interview;
(d) He is unqualified for appointment; <br>(e) He is unable to perform the duties of the class; <br>(f) He has made a false statement of a material fact in his application; <br>(g) He has used or attempted to use political influence or bribery to secure an
advantage in connection with his placement on the register;
(h) He has been convicted of a felony within the preceding five (5) years and his
civil rights have not been restored or he has not been pardoned by the <br>Governor;
(i) He has been convicted of a job related misdemeanor, except that convictions
for violations of traffic regulations shall not constitute grounds for <br>disqualification;
(j) He cannot be located by postal authorities at the last address provided by him;
or
(k) He has otherwise willfully violated the provisions of this chapter.
(7) When the cabinet is notified by an appointing authority that a laid-off employee has
accepted a bona fide offer of appointment to any position, effective on a specified <br>date, his name may be removed from the register for all classes for which the <br>maximum salary is the same as or less than that of the class to which he has been <br>appointed.
(8) When a laid-off employee is removed from a register he shall be notified in writing
and shall be notified of his right to appeal to the board under the provisions of KRS <br>18A.095.
Effective: July 13, 2004 <br>History: 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 <br>July 15, 1998. -- Created 1986 Ky. Acts ch. 494, sec. 4, effective July 15, 1986.
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