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Employee Handbook
Issued by:
June 2024
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Welcome and thank you for choosing public service!
The employees of the Commonwealth are one of its greatest resources and we are pleased to have
you join our team.
The information contained in this handbook provides an overview of state government and will assist
you as you transition into your new role. It explains the laws, regulations, and policies governing your
employment, as well as the benefits and services to which you are entitled as a state employee. As a
state employee, it’s also important to understand your total compensation, which includes benefits
outside of your direct pay. They are outlined below, but are also covered within this handbook.
Direct Compensation is comprised of the following:
Base Pay
Bonuses (if applicable, such as American Rescue Plan Act (ARPA) funds)
Overtime Pay (straight compensatory time vs. time and a half pay/compensatory time)
Premiums (not part of base pay) shift, weekend and holidays, locality, critical position, multi-
lingual
Indirect Compensation is comprised of the following:
Health Insurance
Health Reimbursement Arrangement (HRA), Health Savings Account (HSA), Flexible Spending
Account (FSA)
Life Insurance
Optional Insurance (Dental / Vision)
Paid Leave (annual, sick, compensatory, jury, voting, election, blood donation, living organ,
educational, military)
Paid holidays (11.5 days per year, 12.5 days in a Presidential Election year)
Sick and Annual Leave Sharing
Annual Leave increases at certain longevity levels
Sick Leave Bonus days at certain longevity levels
Family and Medical Leave
Deferred Compensation/Free Financial Planning Program
Educational / Tuition Assistance
Adoption Benefit Assistance
Employee Suggestion System
Annual Leave award for Performance Management (eligible employees and certain criteria must
be met)
Workers Compensation Insurance (ability to use leave to supplement pay)
Unemployment Insurance
Employer FICA (Federal Insurance Contributions Act) match payments (Social Security and
Medicare), excluding Teachers Retirement System participants. Currently employer pays 6.2%
for Social Security and 1.45% for Medicare as do applicable employees)
State Employee Discounts for participating providers
Discretionary salary increases including Adjustment for Continued Excellence (ACE) (added to
base salary) and Employee Recognition Award (ERA) lump sum award
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Educational Achievement Award (added to base salary)
Retirement
Intangible Benefits are comprised of the following:
Flexible Work Schedules (applicable positions)
Telecommuting (applicable employees)
Adverse Weather Leave (applicable positions)
Employee Assistance Program
Wellness Program
Training and Development Opportunities
Employee Resource Groups
Employee Recognition
Mediation / Workplace Resolution
Tobacco Free Workplace
Direct Deposit, Electronic Salary and Time Statements, and Online W-2’s
Your agency may have policies in addition to those contained in this handbook, so you should
familiarize yourself with those as well.
For additional assistance, contact your agency’s human resource administrator. If you are unsure of
the specific person to contact, please consult the Agency HR Directory located on the Personnel
Cabinet website.
Additionally, be sure to regularly check the Personnel Cabinet’s website for news and announcements
impacting your employment. Information will also be posted on the bulletin boards in your agency.
We hope you find this information helpful, and wish you the best as you begin your career with state
government!
An Equal Opportunity Employer M/F/D
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Table of Contents
GENERAL INFORMATION 8
About State Government 8
The Merit System 8
Equal Employment Opportunity (EEO) 9
Affirmative Action Plan for State Government 9
Sexual Harassment Policy 10
Policy Statement on Harassment Prevention 10
Policy Statement on Diversity and Inclusion 11
Americans with Disabilities Act (ADA) 12
Policy Statement on the Americans with Disabilities Act (ADA) 12
EMPLOYMENT/POSITION INFORMATION 13
Classification Plan 13
Compensation (Pay) Plan 13
Pay - Understanding the State Payroll System and Your Pay 14
State Payroll Schedule 14
Direct Deposit 15
Salary Statement 15
Payroll Deduction 15
Records and Files 15
BENEFITS OF EMPLOYMENT 15
Adoption Benefit Program 15
Deferred Compensation 16
New Hire Automatic Enrollment Feature 16
Employee Discount Program 17
Employee Performance Management System 17
Benefits Schedule/Overview 17
Benefits per Employee Type 17
Insurance 20
Optional Coverage 20
Life 20
Dental 20
Vision 20
Health 21
Flexible Benefits Program 21
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) 22
Pre-Tax Benefits 22
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Additional Information 22
Holidays 22
Leave 23
Annual (Vacation) Leave 23
Rules on Use and Payment 24
Blood Donation Leave 25
Compensatory Leave Time & Overtime Pay 25
Non-Exempt Employees 25
Exempt Employees 25
Use of compensatory leave time 25
Court Leave 26
Critical Incident Leave 26
Family and Medical Leave Act (FMLA) 26
Funeral and Bereavement Leave 31
Living Organ Donor Leave Program 31
Military Leave 31
Military, Spousal Leave 32
Parental Leave: Maternity/Paternity/Adoption/Foster 32
Sick Leave 33
Special Leave of Absence/Educational 35
Voting and Election Leave 35
Weather, Adverse 36
Transferring Months of Service/Leave Balances with No Break in Service 36
Leave Sharing Programs 38
Program Guidelines 38
Annual Leave Sharing Program 39
Sick Leave Sharing Program 40
Leave Sharing Enterprise Programs 40
Ridesharing 41
Retirement 41
Leave Balances 41
The Kentucky Public Employees Deferred Compensation Authority 42
The Kentucky Employee Assistance Program (KEAP) 42
The Kentucky Employees’ Health Plan (KEHP) 42
Retirees returning to work 42
Unemployment Insurance 43
RESPONSIBILITIES OF EMPLOYMENT 43
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Executive Branch Training 43
Ethics Code for the Executive Branch 43
Use of State Materials and Equipment 45
Outside Employment 45
Political Activities 45
Permitted Activities 46
Prohibited Political Activities 46
Issue Advocacy 47
Social Media 47
Travel Regulations: Employees 47
Use of Information Technology Resources 48
Employee/User Responsibilities 48
Kentucky Cybersecurity Law (KRS Chapter 61) 50
Work Schedules 51
Time Reporting 51
EMPLOYEE SERVICES/RECOGNITION 52
Communications 52
Kentucky Employee Suggestion System (KESS) 52
Kentucky Employees Charitable Campaign (KECC) 53
Kentucky Human Resource Information System (KHRIS): Self-Service Center 53
MyPURPOSE 54
Training and Development Services 54
Training and Consulting Services 54
Agency Training Administrators 54
Training Schedule 54
Educational Achievement Award 54
Employee Educational Assistance 55
EMPLOYEE RELATIONS 55
Appeals to the Personnel Board 55
Grievance Process 56
Procedures 56
Grievance Levels 57
Kentucky Employee Assistance Program (KEAP) 57
Kentucky Employee Mediation Program (KEMP) 58
Workers' Compensation 58
WORKPLACE 58
Dress Code 58
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Alcohol and Drug Use/Drug-Free Workplace/Substance Abuse Assistance 59
Drug Testing 60
HIV and AIDS in the Workplace 60
Executive Branch Emergency Preparedness 62
Kentucky Safety Program 62
Pregnant Workers 63
Tobacco-Free Policy 63
Violence in the Workplace 64
This handbook is not a contract and the statements contained in it do not have the force of law.
Personnel laws and regulations may modify or supersede any or all statements in this handbook. For
more information, employees should contact their human resource administrator and refer to the current
edition of Kentucky Revised Statutes (KRS), Chapter 18A and Kentucky Administrative Regulations
(KAR), Title 101. Please note that the statutory and regulatory citations included herein are for reference
only and additional references may also support the provisions as listed.
The Employee Handbook is available electronically on the Personnel Cabinet’s website. If another
format is needed (such as braille or large format), a request may be submitted to the Department of
Human Resources Administration, through your agency’s human resource administrator.
Privacy and Security policy information is available at Kentucky.gov.
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GENERAL INFORMATION
About State Government
Kentucky state government is made up of three branches: the Legislative Branch, the Judicial Branch,
and the Executive Branch.
The Legislative Branch is made up of the elected members of the Kentucky General Assembly and
their staff. Legislators are chosen by voters in their districts to serve in either the House of
Representatives or the Senate. With the aid of their professional staffs employed in the Legislative
Research Commission (LRC), they write and enact the laws of Kentucky. LRC employees are not
covered by the merit system in KRS Chapter 18A.
The Judicial Branch includes the state’s court system. It interprets and applies the laws under the
Kentucky and United States Constitutions. As with the Legislative Branch, Judicial Branch employees
are not covered by the merit system in KRS Chapter 18A.
The Executive Branch, headed by the governor, carries out the laws through "agencies" cabinets,
departments, boards, commissions, and offices. Most Executive Branch employees are covered by one
of the three personnel systems: KRS Chapter 18A, KRS Chapter 16 and the Career and Technical
System.
Within the Executive Branch, agencies are grouped into "cabinets." There are currently eleven program
cabinets: Transportation, Economic Development, Finance & Administration, Tourism, Arts & Heritage,
Education & Labor Cabinet, Health & Family Services, Justice & Public Safety, Personnel, Energy &
Environment, and Public Protection. The General Government Cabinet is composed of departments,
boards, commissions, and constitutional offices.
Refer to the current organizational charts for more information.
LEGAL REFERENCES:
KRS Chapter 16
KRS Chapter 18A
KRS Chapter 156
The Merit System
By far, the greatest number of state employees in the Executive Branch work in the classified service,
also known as the "merit system." Positions not under the merit system generally include the staff of
the governor and lieutenant governor, policy-making or advisory managers, federally funded time
limited employees (“FFTLs”) and interim employees (refer to KRS 18A.115 and KRS 18A.155).
The merit system emphasizes making personnel decisions (hiring, promoting, assigning work, and
other matters) based on an individual’s qualifications and performance. The merit system also protects
state employees against arbitrary actions and discriminatory practices. For example, as discussed
below, any disciplinary actions brought against a merit employee with status must provide specific
written notice of the reasons for the action and provide a right of appeal to a neutral decision-maker,
such as the Personnel Board.
Merit system employees serve a probationary period when they begin working for the state. Usually,
the probationary period lasts six months, but may be as long as twelve months depending on the job
classification. When the probationary period is over, employees gain merit system "status," which gives
employees certain additional rights and privileges.
The Personnel Cabinet and the Personnel Board administer and enforce the merit system. The merit
system is codified in Chapter 18A of the Kentucky Revised Statutes and in various administrative
regulations.
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Additionally, KRS Chapter 16 and Title 502 of the Kentucky Administrative Regulations govern sworn
officers in the Kentucky State Police. Certified and equivalent employees of the Education and Labor
Cabinet are governed by KRS Chapter 156 and 780 KAR Chapter 3.
Glossary of Terms Related to Employment
Refer to the glossary of terms relating to employment.
Note: Glossary incorporated by reference.
LEGAL REFERENCES:
KRS Chapter 18A
KRS Chapter 156
KRS Chapter 16
780 KAR 3
502 KAR
Equal Employment Opportunity (EEO)
The Office of Diversity, Equality, and Training reports to the Secretary of Personnel and performs a
number of functions in accordance with KRS 18A.025 and KRS 18A.138. The office develops standard
procedures, monitors agency responsiveness, and works with all agencies to address complaints of
workplace harassment and discrimination. Additionally, the office is responsible for providing EEO
Compliance and Diversity training for state government employees and agencies. The Secretary of
Personnel is responsible to the Governor and the employees for directing, implementing, and enforcing
the State's Affirmative Action Plan. Employees are encouraged to express their concerns regarding
existing or potential barriers or prohibitions to equal employment opportunities due to race, color, sex,
disability, age, national origin, religion, sexual orientation, gender identity or expression, pregnancy or
related medical condition, marital or familial status, ancestry, political affiliation, genetic information, or
veteran status in accordance with state and federal laws. Race” includes traits historically associated
with race, including, but not limited to natural hair texture and protective hairstyles, such as braids,
locks, and twists. EEO assistance is available by contacting your agency EEO Counselor/Coordinator
or the State EEO Coordinator at (502) 564-8000. For ADA assistance, please contact your agency ADA
coordinator or the State ADA Coordinator at (502) 564-8000.
Affirmative Action Plan for State Government
The Executive Branch Affirmative Action Plan reflects this administration’s commitment to good
government and the equitable treatment of all applicants and employees of the Commonwealth.
It is the policy of the Commonwealth of Kentucky to prohibit discrimination in employer-employee
relations or in the provision of public services because of race, color, religion, sex, national origin,
sexual orientation, gender identity or expression, ancestry, age, pregnancy or related medical condition,
marital or familial status, disability or veteran status. Employer-employee relations shall include but not
be limited to hiring, promotion, termination, tenure, recruitment, and compensation. The Affirmative
Action Plan reaffirms the Commonwealth’s commitment to non-discrimination and equal employment
through affirmative action to ensure equal treatment of applicants and employees.
The Executive Branch Affirmative Action Plan is established by KRS 18A.138 and reaffirmed by
Executive Order 2024-354. The Personnel Cabinet’s Office of Diversity, Equality, and Training has
overall responsibility for the implementation of this plan, including the development of specific overall
goals and timetables, and is required to report progress under the Affirmative Action Plan to the
Secretary of the Personnel Cabinet. The Secretary of the Personnel Cabinet is required to report
directly to the Office of the Governor regarding plan progress on a semi-annual basis. The full
cooperation and affirmation of the Affirmative Action Plan, and the state EEO Program, is expected by
all state employees.
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Sexual Harassment Policy
State law prohibits unwelcome sexual advances, requests for sexual acts or favors, with or without
accompanying promises, threats, or reciprocal favors or actions; or other verbal or physical conduct of
a sexual nature that creates or has the intention of creating a hostile or offensive working environment.
Examples of prohibited conduct include, but are not limited to, lewd or sexually suggestive comments,
off-color language or jokes of a sexual nature, slurs and other verbal, graphic or physical conduct
relating to an individual's sex, or any display of sexually explicit pictures, greeting cards, articles, books,
magazines, photos or cartoons.
Complaints of sexual harassment will be promptly investigated, and all employees may be assured that
they will be free from any and all reprisal or retaliation for filing such complaints. Further, all employees
are assured that they will be free from any and all reprisal and retaliation for participating in an
investigation of sexual harassment.
Any employee who has a complaint of sexual harassment at work by anyone, including supervisors,
co-workers, visitors, clients, or customers, has a duty to immediately bring the problem to the attention
of his or her supervisor. If the employee’s supervisor is the subject of the problem, the employee has a
duty to immediately notify his or her second-line supervisor of the problem. Employees may also bring
the complaint to the attention of the agency human resources administrator or EEO Coordinator, or the
State EEO Coordinator at (502) 564-8000. Any supervisor receiving a complaint of harassment shall
report the complaint to the agency human resources administrator or EEO Coordinator, or the State
EEO Coordinator. Failure to do so shall be grounds for disciplinary action.
The investigation will include, but shall not be limited to, interviews with all relevant persons including
the complainant, the accused, and other potential witnesses. Employees are assured that the privacy
of the complainant and the person accused of harassment shall be protected to the fullest extent
permitted by law.
The appropriate host agency will review its findings with the complainant at the conclusion of the
investigation. If the investigation reveals that the complaint appears to be valid, immediate and
appropriate corrective action, up to and including discharge, will be taken to stop sexual harassment
and prevent its recurrence.
Employees are advised disciplinary action may also be taken against persons found to have knowingly
and purposely filed false claims against this and all anti-discrimination or harassment policies.
Policy Statement on Harassment Prevention
The Commonwealth of Kentucky does not tolerate harassment of any kind. All employees must avoid
offensive or inappropriate behavior at work. Further, all employees are responsible for assuring that the
workplace is free from harassment at all times. Types of prohibited conduct include, but are not
necessarily limited to, harassment because of one’s race, color, sex, disability, age, national origin,
religion, sexual orientation, gender identity or expression, pregnancy or related medical condition,
marital or familial status, ancestry, political affiliation, genetic information, or veteran status.
Examples of prohibited conduct include, but are not limited to, threatening, offensive, intimidating, or
humiliating behaviors or conduct. The following examples of harassment are intended to be guidelines
and are not exclusive when determining violation of this policy: abusive verbal language directed toward
an individual because of race, color, sex, disability, age, national origin, religion, sexual orientation,
gender identity or expression, pregnancy or related medical condition, marital or familial status,
ancestry, political affiliation, genetic information, or veteran status; lewd or obscene comments about
an individual’s body, attire, or gender, abusive comments or terminology addressed to a specific
employee; yelling or screaming; personal attacks; aggressive or threatening behaviors; cyber bullying;
vandalizing personal belongings; sabotaging work; name calling; vulgar or indecent gestures,
language, or jokes; bringing or displaying a lewd or obscene object, book, magazine, photograph,
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cartoon, calendar, picture, or similar item into the workplace; or use of computers to transmit, solicit,
display, or download lewd or obscene messages or materials.
Complaints of harassment will be promptly and carefully investigated. All employees are assured that
they will be free from any and all reprisals or retaliation from filing such complaints. Further, all
employees are assured that they will be free from any and all reprisals and retaliation for participating
in an investigation of harassment.
Any employee who has a complaint of harassment at work by anyone, including supervisors, co-
workers, visitors, clients, or customers, shall immediately bring the problem to the attention of his or
her supervisor. If the employee’s supervisor is the subject of the problem, the employee shall
immediately notify his or her second-line supervisor of the problem. Employees may also bring the
complaint to the attention of the agency human resources administrator or EEO Coordinator, or the
State EEO Coordinator at (502) 564-8000. Failure of an employee to report violations of this anti-
harrassment policy may be grounds for disciplinary action.
Any supervisor receiving a complaint of harassment shall report the complaint to the agency human
resources administrator and the agency EEO Coordinator or the State EEO Coordinator. A supervisor’s
failure to report complaints of harassment shall be grounds for disciplinary action.
The investigation will include, but shall not be limited to, interviews with all relevant persons including
the complainant, the accused, and other potential witnesses. Employees are assured that the privacy
of the complainant and the person accused of harassment shall be protected to the fullest extent
permitted by the circumstances.
The appropriate host agency will review its findings with the complainant at the conclusion of the
investigation. If the investigation reveals that the complaint appears to be valid, immediate and
appropriate corrective action, up to and including discharge will be taken to stop the harassment and
prevent its recurrence.
Policy Statement on Diversity and Inclusion
The Commonwealth of Kentucky recognizes that continued success in meeting the needs of our clients
and customers, both internal and external, requires the full and active participation of talented and
committed individuals regardless of their respective race, color, sex, disability, age, national origin,
religion, sexual orientation, gender identity or expression, pregnancy or related medical condition,
marital or familial status, ancestry, genetic information, or veteran status. Inclusion is achieved by
fostering an atmosphere of acceptance and support, where we embrace, value, and appreciate the
strengths afforded by the differences, styles, ideas and organizational contributions of each and every
person.
The ultimate goal of workplace diversity and inclusion will be achieved when Kentucky State
Government has further enhanced its ability to recruit, retain, and tap the full potential of employees at
all levels to:
1. Allow all Cabinets to compete for qualified employees from an increasingly diverse employee
population;
2. Be more reflective of the population and socioeconomic circumstances of Kentucky’s citizens;
and
3. Eliminate biases that may be in the state workforce
Diversity complements the other organizational values of teamwork, leadership, empowerment and
service quality. It encompasses the way we work, the work environment, and respect for people and
ideas. While its major focus may often revolve around issues of previous discrimination based on race
and gender, it is not something that is defined, or limited solely by those two factors. Diversity also
extends to age, personal and work history, education, function, personality, geographic origin, tenure
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with the organization, merit and non-merit status, and management or non-management position. It
also includes varying management styles and ways of thinking, leadership abilities, skill levels,
experiences, viewpoints, expression of thoughts and differing ways of delivering services, provided
there is consistency in the values we share.
Our commitment to diversity and inclusion encompasses equal opportunity, respect for the multitude of
differences that employees bring to the workplace, and acknowledgement of the changing
demographics of the community we serve. The full cooperation and affirmation of diversity and inclusion
by all state employees, including management, is expected.
LEGAL REFERENCES:
KRS Chapter 344
KRS 18A.095
KRS 18A.138
101 KAR 1:375
EO 2024-0354
Americans with Disabilities Act (ADA)
Policy Statement on the Americans with Disabilities Act (ADA)
Kentucky state government is committed to the full implementation of the Americans with Disabilities
Act (ADA). It is the policy of the Commonwealth to maximize the full inclusion and integration of people
with disabilities in all aspects of employment and all programs, services, and activities.
All employees must comply with the following policies regarding the ADA:
Discrimination Prohibited: Employees with disabilities who are otherwise qualified may not be
discriminated against in any areas of employment including, but not limited to, job application
and compensation procedures, fringe benefits available by virtue of employment, and activities
sponsored by the state.
Limiting, Segregating, and Classifying: Employees with disabilities shall not be limited,
segregated, or classified in a way that adversely affects their employment opportunities or status.
Contractual or Other Arrangements: The Commonwealth will not participate in contractual or
other arrangements or relationships that would subject qualified employees with disabilities to
the discrimination prohibited by the ADA.
Reasonable Accommodations: The Commonwealth will make reasonable accommodation to the
known physical or mental limitations of an otherwise qualified employee with a disability, unless
it can be shown that the accommodation would impose an undue hardship on the agency. After
a qualified employee requests reasonable accommodation, an agency will make every
reasonable effort to find out what is needed and provide the appropriate accommodations. This
is to be an interactive process with the agency consulting with the employee with a disability.
Retaliation and Coercion: The Commonwealth will not coerce, intimidate, threaten, harass, or
interfere with any individual exercising or enjoying his or her rights under the ADA, or because
that individual aided or encouraged any other individual in the exercise of rights granted or
protected by the ADA. Employees who believe they have been adversely impacted in violation
of this policy may file a complaint as set forth in the Grievance Process section of the Employee
Handbook. Please direct any questions or concerns to your agency ADA Coordinator.
LEGAL REFERENCES:
KRS 18A.095
KRS 18A.138
101 KAR 1:375
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EMPLOYMENT/POSITION INFORMATION
Classification Plan
The Personnel Cabinet is required to prepare, maintain and revise the official classification plan for the
Executive Branch of state government. The classification plan includes reviewing and comparing job
classifications so that positions with similar levels of responsibilities and assigned duties will have the
same job title; similar requirements of education, experience, and training for applicants; and
comparable pay grade. The plan currently has approximately 1100 job classifications. Each job class
specification includes title, characteristic functions and responsibilities, examples of the duties generally
performed by positions in that job class (not all duties would be listed as examples), and minimum
requirements listed as combinations of education, experience, licensure, certification or legal
requirements a person must have to be considered for positions in that job class. Job class
specifications may contain unique physical requirements, typical working conditions, and additional
requirements. All job class specifications may be found on the Personnel Cabinet’s website.
Your official job title, as listed in your official personnel file, is based on the responsibilities and duties
assigned to your position by your employer as compared to job class specifications in the classification
plan. Your employer informs the Personnel Cabinet of the responsibilities and duties of your position
by completing and submitting a position description (PD) form. The Classification, Compensation and
Organizational Management Branch’s staff compares the contents of the PD to the various job class
specifications and makes a final determination of the most appropriate job classification for your
position. The job class specification for your official job title should be reflective of the responsibilities
and duties assigned by your employer more closely in comparison to other job class specifications.
If you believe your job classification does not accurately reflect your assigned job duties, you may
request your supervisor or human resource office to review your position description and job
classification.
LEGAL REFERENCES:
101 KAR 2:020
Compensation (Pay) Plan
The Personnel Cabinet in consultation with the appointing authorities and the Office of the State Budget
Director, prepares, maintains and revises the official compensation (pay) plan. Three basic elements
are involved in the compensation plan:
1. The relationship of the levels of responsibilities, duties, and the minimum requirements of the
various job classifications;
2. What other employers pay for similar work; and
3. The financial resources (tax dollars) available to pay for the work performed.
Merit System employees are assigned to job classifications according to their duties and
responsibilities. Each job classification in the classified service, and some in the unclassified service,
is assigned to one of the pay grades in the salary schedule. Each pay grade has a minimum (the lowest
salary that state government pays for work in jobs assigned to that pay grade) and a midpoint wage
(the maximum salary at which an experienced applicant may be appointed). Some jobs have a Special
Entrance Rate, which is a minimum salary, assigned to a specific job classification above the pay grade
minimum. If a Special Entrance Rate has been assigned to a job, this will be identified on the job class
specification.
Under the Merit System, salaries among employees may differ based on a variety of factors, including,
but not limited to, job classification, career path, and location of employment.
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Your starting salary is normally at the minimum of the pay range assigned to your job classification. In
some cases, an agency may request to start an employee above the range minimum based on an
applicant’s unique background or difficulty in recruiting for the job classification.
At the successful completion of the initial probation period, a classified employee will gain merit status
and receive a probationary increase of five percent (5%). This sets the employee’s increment date for
as long as an employee is continuously employed, not including extended leave without pay.
LEGAL REFERENCES:
KRS 344.100
101 KAR 2:034
101 KAR 3:045
Pay - Understanding the State Payroll System and Your Pay
To better understand the actual processing, delivery and receipt of your pay please refer to the payroll
schedule below.
State Payroll Schedule
State government has a semi-monthly pay schedule, which means employees are paid twice per
month. As an employee of the state, you will receive your pay on the 15th and the 30th of each month
unless the payday falls on a weekend or holiday. In that event, and per 101 KAR 2:095, Section 10,
payments are issued on the last workday preceding the 15th and the 30th.
State government pays its employees one pay period in arrears. In other words, pay received on the
15
th
is for work performed from the 16
th
through the 30
th
/31
st
of the previous month. Pay received on
the 30
th
is for work performed from the 1
st
through 15
th
of the current month.
*New Employees: Due to the pay schedule described above, a new employee will not receive pay until
the second payday after they begin employment with the state. In the example month above, the new
employee started on the first workday of the month, which was the 2
nd
. The first payday that arrives (on
the 15
th
), is for work performed from the 16
th
through the 30
th
/31
st
of the previous month, which is before
the employee started working. On the 30
th
the new employee will receive his first payment, as that
payday is for the pay period during which his employment began.
With the explanation provided above, please note that a new employee’s first payment is not ‘held.’
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Direct Deposit
All new or rehired judicial and executive branch state employees are required to utilize direct deposit
for receipt of their pay. Day laborers and state active duty employees are currently exempt from this
policy.
Salary Statement
Your salary statements are maintained in KHRIS Employee Self-Service (ESS) and can be accessed
at any time. If you dispute any of the information of your salary statement, you should contact your
human resource administrator immediately.
Payroll Deduction
Please be advised that payroll deduction of your pay is limited to state-sponsored programs/benefits
and other exceptions approved by the Personnel Cabinet. Payroll deduction is not available for
voluntary optional insurance (outside of the state-sponsored program), labor organizations, or political
activities.
LEGAL REFERENCES:
101 KAR 2:095, Section 10
KRS 18A.190
KRS 336.133
KRS 336.134
Records and Files
There are two principle sources of information pertaining to your employment in state government: your
official personnel file, which is maintained by the Personnel Cabinet, and your agency personnel file,
which is maintained by your agency. Both of these files may be inspected and copied upon a written
request made under KRS 18A.020. Please remember that state resources such as mail, email, and fax
should not be used to request records.
You may comment in writing on any item in your personnel files. Such comments shall be made a part
of your files and shall be included with the specific record or document to which they pertain.
Records contained in personnel files are public records open to public inspection pursuant to
Kentucky’s Open Records Act (KRS 61.870 to 61.884). If requested, generally these records will be
disclosed subject to the redaction of personal information pursuant to KRS 61.878. In order to inspect
an agency record, you must comply with appropriate request procedures established by the agency
and authorized under KRS 61.876.
LEGAL REFERENCES:
KRS 18A.020
KRS 61.870
KRS 61.874, Section 3
KRS 61.876
KRS 61.884
BENEFITS OF EMPLOYMENT
Adoption Benefit Program
The Kentucky State Personnel Cabinet administers the Adoption Benefit Program, which provides
reimbursement for a portion of the direct costs incurred in the adoption process to Executive Branch
state employees. For adoptions finalized on or before October 21, 2019, the Adoption Benefit Program
provides reimbursement up to $3,000.00 per child and up to $5,000.00 per child for direct costs related
to the adoption of a special needs child.
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For adoptions finalized on or after October 22, 2019, Executive Order 2019-787 increases the amounts
to $5,000 per child ($7,000 per child with special needs) in the form of a reimbursement, a stipend, or
combination thereof to help cover adoption expenses as well as offset future medical or educational
expenses.
Please contact your agency’s Human Resources Administrator to find out if you are covered. Submit
an application to the Adoption Benefit Program via the website, or contact the Office of Employee
Relations at (502) 564-9818.
LEGAL REFERENCES:
101 KAR 2:120
101 KAR 3:045
Deferred Compensation
Kentucky State Government employees may participate in one or both of the Supplemental Retirement
Savings Plans available through the Kentucky Public Employees' Deferred Compensation Authority
(Authority) program, the official state-sponsored supplemental retirement program. The offerings
include an Internal Revenue Code (IRC) Section 457, 401(k), and Deemed Individual Retirement
Account (IRA) defined contribution retirement plans. In addition, a Roth 401(k), Roth 457(b), and
Deemed Roth IRA option are available on an after-tax investment basis for purposes of tax
diversification. Participants have access to a free Financial Planning Program and can meet with a
Certified Financial Planner to create a Financial Plan at anytime to guide them during their career for a
successful retirement.
New Hire Automatic Enrollment Feature
Beginning July 1, 2019, all new full-time employees hired by the Commonwealth of Kentucky Executive
Branch, Administrative Office of the Court, and the Legislative Research Commission will be
automatically enrolled in the Kentucky Deferred Compensation 401(k) Plan. Every pay period, $15.00
($30.00 monthly) will be deferred on a pre-tax basis from the individual’s pay into his or her deferred
compensation plan. Employees may take steps to defer more than $15.00 per pay period, or they may
take steps to cease participation in the plan. Within 90 days after receipt of the first initial contribution,
new employees who wish to cease deferrals and exit the plan must submit a form to the Authority, who
will in turn cancel the account and return monies, with interest and less any mandatory withholdings.
Employees may exercise their option to re-enroll in the plan anytime in the future. If the employee does
not cease enrollment in the plan within 90 days after receipt of the first initial contribution, the deferral
remains in trust for the employee. After one year, participants who cease deferrals and maintain a
balance under $5,000 will be assessed a monthly $6 low balance fee; these fees are not charged if
deferrals resume. If an employee has questions or wants to discuss options, they should contact an
Authority representative.
For information on participating in the Authority program, please contact us or Kentucky Deferred
Compensation Retirement Specialist marketing staff at (502) 573-7925 or toll free at (800) 542-2667.
LEGAL REFERENCES:
KRS 18A.230-275
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Employee Discount Program
Businesses throughout Kentucky regularly enjoy showing their appreciation to state employees by
offering employee discounts. For more information, please visit the Employee Discount page.
LEGAL REFERENCES:
KRS 11A.045
Employee Performance Management System
The job performance of state employees is important to the Commonwealth. Supervisors are required
to evaluate the performance of all eligible classified employees each year. State law requires that the
evaluation be considered in determining eligibility for discretionary salary advancements, promotions,
and disciplinary actions.
The Commonwealth's performance evaluation process of state merit employees is an important part of
an employee’s work life. The system establishes clear performance goals, recognizes outstanding
performance and encourages productive communication with an employee’s supervisor.
The system was developed to assist with communication between the employee and supervisor
(evaluator) and includes planning, coaching, feedback, documentation and annual performance
evaluation. Performance evaluations are important opportunities for supervisors and employees to
share in an open dialog, set goals and methods of attaining goals, and discuss an employee's individual
performance.
Refer to KRS Chapter 18A.110. For more information, please refer to the Employee Performance
Management System.
LEGAL REFERENCES:
KRS 18A.110
101 KAR 2:190
Benefits Schedule/Overview
Your net salary (the amount of pay left after deductions) does not tell the whole story of your work
compensation. Beyond your pay lies a hidden amount that adds more than 90% to the real value of
your salary. These dollars come to you as fringe benefits of your state employment in the form of state-
assumed costs for insurance protection, retirement and social security benefits, saving plans,
educational opportunities, and various types of leave time. Sections in this handbook explain what your
state benefits are, what conditions apply to them, and how they mean extra dollars to you. Below is the
schedule of benefits available to different types of employees.
If you need additional information concerning state benefits, talk with your human resource office.
Benefits per Employee Type
Full-Time [Classified/Unclassified, includes Federally Funded Time-Limited (FFTL) and Grant Funded
Time-Limited (GFTL)]
Comments
Coverage effective first day of second month after hire date.
State provides $20,000 free. Optional coverage for yourself and your
dependents is also available. Effective first day of second month after hire date.
Optional dental insurance is available through payroll deduction. Coverage
effective first day of second month after hire date.
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Comments
Optional vision insurance is available through payroll deduction. Coverage
effective first day of second month after hire date.
Check with your HR Office for rates.
Amount increases by years of service; 7.5/8.0 hours awarded per month, first 5
years. Employee must meet specific work hour requirements to be eligible for
leave accrual.
No limit on accumulation-7.5/8.0 hours awarded per month. After 10 yrs. 10
bonus days. After 20 yrs. additional 10 bonus days. Employee must meet
specific work hour requirements to be eligible for leave accrual.
Up to 4 hours if donated during scheduled work hours. (whole blood only)
Granted with pay if not an employee-initiated action or a party to the action.
Donor Leave
Once approved, a living donor is eligible for 240 hours of paid leave for each
human organ donation (intestine, kidney, liver, lung, or pancreas) and 40 hours
of paid leave for each bone marrow donation.
Twenty-one days per year.
Spousal
Two days total. (One day given prior to spouse's deployment and one day given
after spouse's return from deployment).
Leave
240 hours maximum accrual (480 for unclassified, policy-making positions),
100% (maximum 240 hours for classified and unclassified) paid at termination,
less applicable deductions.
Visit the Personnel Cabinet website for a current year list of holidays. Refer to
KRS 18A.190 which governs state holidays
Assistance
Check with Expree and CCU for details.
Tuition
Individual agency decision. FFTL and GFTL not eligible.
Compensation
Report immediately any injuries to supervisor.
Reasonable time to vote; 4 hours maximum. Rules apply.
Weather Usage
Must be made-up within four months. If not, remaining balance shall be
deducted from compensatory leave first, then annual leave, or if neither is
available then from pay. **Restrictions Apply**
Part-Time (less than 100 HRS per month) [Classified/Unclassified, includes FFTL and GFTL]
Comments
Insurance*
Part-time employees are not eligibile for health insurance.
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Comments
Up to 4 hours if donated during scheduled work hours. (whole blood only)
Granted with pay if not an employee-initiated action or a party to the action.
Twenty-one days per year.
Spousal
Two days total. (One day given prior to spouse's deployment and one day given
after spouse's return from deployment).
Leave
240 hours maximum accrual (480 for unclassified, policy-making positions)
100% (maximum 240 hours for classified and unclassified) paid at termination,
less applicable deductions.
Visit the Personnel Cabinet website for a current year list of holidays. Refer to
KRS 18A.190 which governs state holidays
Compensation
Report immediately any injuries to supervisor.
Reasonable time to vote; 4 hours maximum. Rules apply.
Weather Usage
Must be made-up within four months. If not, remaining balance shall be
deducted from compensatory leave first, then annual leave, or if neither is
available then from pay. **Restrictions Apply**
Interim [Unclassified, includes FFTL and GFTL]
Comments
Insurance*
Interim employees are not eligible for health insurance.
No limit on accumulation-7.5/8.0 hours awarded per month. After 10 yrs. - 10
bonus days. After 20 years - additional 10 bonus days. Employee must meet
work hour requirements to be eligible for leave accrual.
Up to 4 hours if donated during scheduled work hours. (whole blood only)
Granted with pay if not an employee-initiated action or a party to the action.
Twenty-one days per year.
Spousal
Two days total. (One day given prior to spouse's deployment and one day given
after spouse's return from deployment).
Leave
240 hours maximum accrual (480 for unclassified, policy-making positions)
100% (maximum 240 hours for classified and unclassified) paid at termination,
less applicable deductions.
Visit the Personnel Cabinet website for a current year list of holidays. Refer to
KRS 18A.190 which governs state holidays
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Comments
Compensation
Report immediately any injuries to supervisor.
Reasonable time to vote; 4 hours maximum. Rules apply.
Weather Usage
Must be made-up within four months. If not, remaining balance shall be
deducted from compensatory leave first, then annual leave, or if neither is
available then from pay. **Restrictions Apply**
Per Diem [Unclassified]
Comments
Compensation
Report immediately any injuries to supervisor.
Insurance
Optional Coverage
As a new full-time employee, you have 35 days from your date of hire to elect optional Life, Dental,
and/or Vision insurance.
Life
The Commonwealth of Kentucky provides all eligible employees a basic $20,000 life insurance policy
with an equal amount of Accidental Death and Dismemberment Insurance through MetLife. Your
employer pays the Basic Life Insurance premium. It is important to keep your beneficiary information
up to date. The Group Life Insurance Program offers you the option of purchasing additional insurance
for yourself with options from $10,000 to $150,000. You can also purchase coverage on your spouse
and your eligible children at coverage options ranging from $2,500 to $50,000.
Contact your agency’s human resource administrator if you have any questions regarding the state-
sponsored life insurance. You can also contact the Optional Insurance Branch at (502) 564-4774 or
(888) 581-8834. For more information regarding the life insurance options available to employees,
please visit the Life Insurance page.
Dental
You may choose optional employer-sponsored dental insurance administered by Anthem. You can
elect one of three levels: Bronze, Silver, or Gold. As an Anthem Dental member, you will have access
to one of the largest dental networks in the nation, which means you won’t have to go far to find a
dentist!
Contact your agency’s human resource administrator if you have any questions regarding the state-
sponsored dental insurance. You can also contact the Optional Insurance Branch at (502) 564-4774 or
(888) 581-8834. For more information regarding the dental insurance options available to employees,
please visit the Dental Insurance page.
Vision
You may choose optional employer-sponsored vision insurance administered by Anthem. You can elect
one of three levels: Bronze, Silver, or Gold. With Anthem Blue View Vision Insight Network, you can
get your eye care and eyewear just about anywhere! You will have access to one of the largest vision
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networks in the nation. You can choose from many private practice doctors, local optical stores, national
retail stores, and order eyewear online.
Contact your agency’s human resource administrator if you have any questions regarding the state-
sponsored vision insurance. You can also contact the Optional Insurance Branch at (502) 564-4774 or
(888) 581-8834. For more information regarding the vision insurance options available to employees,
please visit the Vision Insurance page.
Health
You are eligible to participate in the Kentucky Employees’ Health Plan (KEHP) if you are an “employee,”
as defined by KRS 18A.225(1). In general, an employee” is any person who is regularly employed by
any department, office, board, agency, or branch of state government and who contributes to one of
the state-sponsored retirement systems.
As a new employee, you have 35 days from your date of hire to:
Elect to enroll one of the three health insurance plan options (LivingWell Consumer Driven
Health Plan (CDHP), LivingWell PPO, or the LivingWell Basic CDHP); or
Elect to waive your health insurance and, if eligible, enroll in either the Waiver General Purpose
Health Reimbursement Arrangement (HRA) or the Waiver Limited Purpose HRA.
o Employees can use the Waiver General Purpose HRA to pay for qualified medical
expenses such as co-pays, coinsurance, doctor’s office visits, x-rays, prescriptions,
eligible dental expenses or other eligible expenses not covered by health insurance. The
Waiver Limited Purpose HRA can only be used to pay for qualified dental and vision
expenses.
o If an employee waives coverage and chooses one of the Waiver HRA options, the
employer will fund the HRA in two equal installments, up to a maximum of $2,100 per
year. The first installment, in the amount of $1,050.00, will be credited to the employee’s
Waiver HRA on January 1 of the plan year. The second installment, in the amount of
$1,050.00, will be credited to the employee’s Waiver HRA on July 1 of the plan year.
Newly eligible members may have access to a pro-rated amount based on the number of
months remaining in the plan year at the time of plan entry. There are specific eligibility
requirements for electing the Waiver General Purpose HRA. Refer to the KEHP website
for specific information on the Waiver HRAs.
LEGAL REFERENCES:
KRS 18A.225
If you fail to make a health insurance election within 35 days from your date of hire, you must wait until
the next annual Open Enrollment period to enroll, unless you experience a valid qualifying event such
as marriage or birth of a child.
If you elect health insurance coverage, your effective date of coverage will be the first day of the second
month following your date of hire. For example: if you begin work on January 1, your health insurance
will be effective on March 1. If you begin work on January 16, health insurance will be effective on
March 1.
For more information regarding the health plan, please refer to KEHP’s website.
Flexible Benefits Program
KEHP currently offers a Healthcare Flexible Spending Account (FSA) and a Child and Adult Daycare
FSA. These programs are provided through a Section 125 Cafeteria plan and allow you to pay for
eligible health and dependent care expenses with pre-tax dollars. FSA is pre-tax money you set aside
through payroll deductions. You can enroll in one or both FSAs offered by KEHP:
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A HealthCAre FSA can be used to pay for copays and coinsurance; prescription costs; eligible
medical expenses such as doctor’s office visits, x-rays, and lab tests; dental services; and some
services not covered by your health insurance plan. You can contribute up to $3,050 each year;
A Child and Adult Daycare FSA is to pay for services such as daycare expenses or adult care
so that you can work. You can contribute up to a maximum amount based on your tax-filing
status.
Refer to KEHP’s website for more information.
You have 35 days from your date of hire to enroll in either FSA program. If you elect an FSA, your
effective date of coverage will be the first day of the second month following your hire date. For example:
if you begin work on January 1, your health insurance will be effective on March 1. If you begin work
on January 16, your health insurance will be effective on March 1.
Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA)
If you, your spouse, or your covered dependents lose group health insurance due to termination of your
employment, a reduction in work hours, or certain qualifying events, you, your spouse, and your
covered dependents have the right to continue participation in KEHP. Premiums are set at the group
rate plus an administration fee and are payable at your own expense. More information can be found
by clicking one of these links, COBRA Rights and COBRA Rates.
LEGAL REFERENCES:
KRS 18A.225
Pre-Tax Benefits
The KEHP is a cafeteria plan governed by Section 125 of the Internal Revenue Code. The cafeteria
plan gives you the opportunity to pay your portion of the health insurance premium and contribute to
FSAs with pre-tax dollars. This may save you money by reducing your taxable income. You will
automatically be enrolled in the pre-tax benefit unless you sign a post-tax form either during Open
Enrollment or within 35 days of your date of hire. Your premiums will remain pre-taxed until the next
Open Enrollment period. If you opt out of this program and wish to once again participate, you must re-
enroll during Open Enrollment. Your human resource administrator can supply you with the applicable
forms.
Additional Information
Visit KEHP’s website for a variety of information including:
Health Plan Information
Summary Plan Descriptions
Summary of Benefits and Coverage
Flexible Spending Accounts (FSA) and Health Reimbursement Arrangement (HRA) Information
Visit Castlight for a variety of well-being information including:
LivingWell Promise requirements and other wellness initiatives
Find in-network providers and review medical claims
Holidays
Kentucky state government observes holidays amounting to 12.5 days (13.5 days in years there is a
presidential election) of paid leave annually for state employees. The following list shows the holidays
when you may expect to receive a paid holiday.
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Holiday
Date Observed
New Year's Day*
January 1
Martin Luther King Day
Third Monday in January
Good Friday
One-half day on the Friday that precedes the Easter holiday
Memorial Day
Last Monday in May
Juneteenth
June 19
Independence Day
July 4
Labor Day
First Monday in September
Presidential Election Day
Tuesday after first Monday in November of presidential election years
Veterans Day
November 11
Thanksgiving Day*
Fourth Thursday in November
Christmas Day*
December 25
*An extra day is given for Thanksgiving, Christmas, and New Year's Day
Holidays occurring on Saturday are observed on Friday. Holidays occurring on Sunday are observed
on Monday.
LEGAL REFERENCES:
KRS 18A.190
KRS 2.110
KRS 2.190
EO 2024-155
Leave
Annual (Vacation) Leave
Eligible full-time employees receive annual leave as a state work benefit. Part-time and Interim
employees do not accrue annual leave. Your length of service will determine the amount of annual
leave you earn in a calendar year. A full-time employee shall have worked, or been on paid leave, other
than educational leave with pay, for 100 or more regular hours per month to accrue annual leave. This
does not include hours worked in excess of the prescribed hours of duty.
Months of Service
Leave Accrued Annually
0-59 months
12 days per year; 1 day per month
60-119 months
15 days per year; 1.25 days per month
120-179 months
18 days per year; 1.5 days per month
180-239 months
21 days per year; 1.75 days per month
240 months and over
24 days per year; 2 days per month
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You may carry your annual leave forward from one calendar year to the next at the following rates if
you work 37.5 hour weeks:
Months of Service
Maximum to Carry Forward
0-59 months
30 working days / 225 hours
60-119 months
37 working days / 277.5 hours
120-179 months
45 working days / 337.5 hours
180-239 months
52 working days / 390 hours
240 months and over
60 working days / 450 hours
You may carry your annual leave forward from one calendar year to the next at the following rates if
you work 40 hour weeks:
Months of Service
Maximum to Carry Forward
0-59 months
30 working days / 240 hours
60-119 months
37 working days / 296 hours
120-179 months
45 working days / 360 hours
180-239 months
52 working days / 416 hours
240 months and over
60 working days / 480 hours
Leave in excess of the above maximum amounts shall be converted to sick leave at the end of the
calendar year or upon retirement.
Rules on Use and Payment
The first rule to remember about annual leave is that you must always get advance approval from your
supervisor before taking annual leave. If you do not receive prior approval for annual leave, your agency
may refuse to pay you for the time you are absent and consider your absence as "unauthorized
absence." Agencies may also take disciplinary action against employees who are absent without leave.
An employee who is absent without leave authorization or notice to the employee’s supervisor for 5
working days is considered to have resigned from employment.
If you resign or retire from state government, or are terminated from initial probation other than for
cause (or as an unclassified employee are terminated at any time other than for cause), you will be
paid for all accumulated annual leave, up to the legal maximum you are permitted to carry over from
year to year, provided you give your agency at least 14 calendar days written notice of your final
workday. If you do not give at least 14 days’ notice or if you submit notice of resignation or retirement
after receiving an intent to dismiss letter, your agency may refuse to pay you for any annual leave time
you have accumulated.
If you are laid off, you will be paid for all unused accumulated annual leave time up to the legal maximum
you are permitted to carry over from year to year. An exception may be made if your position is part of
an approved plan for privatization of services and the successor employer agrees to credit you with
your annual leave time. If you are dismissed for cause, you shall not be paid for accumulated annual
leave.
LEGAL REFERENCES:
101 KAR 2:102, Section 1
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101 KAR 3:015, Section 1
Blood Donation Leave
Employees who donate whole blood may receive up to four (4) hours leave time with pay for the purpose
of donating and recovering from the donation. Leave time must be taken at the time of donation, with
prior supervisory approval, unless circumstances, as specified by the supervisor, require the donor to
return to work. In this case, the unused portion of leave time will be credited as compensatory time.
Employees deferred from donating shall not be charged for the time used in attempting to donate but
will not receive the four (4) hours leave time as those who donate.
The donation must occur during an employee’s scheduled work hours in order to qualify for leave, which
does not include the lunch period. All employees are permitted to donate blood at any licensed blood
center certified by the Food and Drug Administration. All employees are required to submit verification
to their supervisor of blood donation or deferral.
LEGAL REFERENCES:
101 KAR 2:102, Section 12
101 KAR 3:015, Section 12
Compensatory Leave Time & Overtime Pay
Employees receive compensatory leave time and/or overtime pay, for any hours physically worked
beyond their prescribed hours of duty, Sunday-Saturday, in accordance with the Fair Labor Standards
Act (FLSA) guidelines. Your rate and manner of earning is based on your work week (37.5 versus 40)
and your FLSA status (Exempt versus Non-Exempt), as outlined below.
NOTE: Pre-approval, from your supervisor, should always be obtained before working outside of your
prescribed hours of duty.
Non-Exempt Employees
If your position is not exempt from the overtime provisions of the FLSA, your rate and manner of earning
is as follows:
Employee on a 37.5 hour work week, who works between 37.5 and 40 hours earns
compensatory leave time on an hour for hour basis. 2.5 hours worked = 2.5 hours compensatory
leave time earned.
Compensatory leave time is earned at a rate of one and one-half hour for each hour worked over
the 40. 1 hour worked = 1.5 hours compensatory leave time earned.
NOTE: Non-exempt employees have the option of receiving compensatory leave or overtime pay, for
hours worked over 40. This election, which must remain in effect for a minimum of three months, should
be provided to your HR Office using the Overtime Compensation Election Form, which is available on
the Personnel Cabinet’s website under Documents in Demand. The employing agency shall not
mandate an employee’s election of compensatory leave or paid overtime.
Exempt Employees
If your position is determined to meet the criteria as executive, administrative, professional or computer
professional, you are exempt from the overtime provisions of the FLSA. You will be given compensatory
leave time on an hour for hour basis for all hours worked in excess of your prescribed hours of duty.
Use of compensatory leave time
When you use your compensatory leave time during the same week you earn it, it does not count as
“hours worked” for determining overtime compensation. As with annual leave, you must request the
use of your compensatory leave in advance.
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The maximum amount of compensatory time that can be “accumulated” by an employee in a policy
making position is 480 hours. Employees in non-policy making positions can accumulate up to 239.99
hours. At the end of the pay period, if 240 compensatory hours is reached, employees in non-policy
making positions will be paid for a block of 50 hours and the balance reduced accordingly. Employees
who have accumulated 100 or more hours, whose annual leave balance is below the maximum carry
forward amount for their current months of service, may be required to utilize compensatory leave time,
prior to annual leave when requesting and taking leave, until that balance falls below 100 hours.
If you transfer to another state agency that is covered by KRS Chapter 18A, your compensatory time
follows you to your new job, just as with accumulated sick leave and annual leave. For agencies not
covered by KRS Chapter 18A, please check with your human resource administrator.
NOTE: Accumulated” means when the compensatory time is actually credited to your account balance.
Any “held time” for FLSA purposes due to our split work weeks and pay periods is not official until
credited to the employee’s balance.
LEGAL REFERENCES:
101 KAR 2:102, Section 5
101 KAR 3:015, Section 5
Court Leave
All employees of Kentucky state government receive paid leave time whenever they must serve as
jurors or comply with a court or administrative subpoena. Court leave is not granted if you or a member
of your family is a party involved in a court action as a private matter. If you or a member of your family
is a party to the case, you must use annual or compensatory leave and request to do so in advance.
It is important to remember that court leave is only for time that crosses your scheduled work hours.
The time you must spend traveling to court is also included in paid court leave. However, if you are
dismissed from jury duty or released from subpoena, you must return directly to your job.
Please show a copy of any court summons to your supervisor before taking court leave, otherwise your
absences may not be properly authorized.
LEGAL REFERENCES:
101 KAR 2:102, Section 4
101 KAR 3:015, Section 4
Critical Incident Leave
Individuals who volunteer as or are employed as firefighters and peace officers are authorized to use
up to forty-eight (48) hours of their accumulated annual, sick, and/or compensatory leave immediately
following a critical incident as defined by KRS 15.518 (peace officers) and KRS 95A.292 (firefighters).
If leave balances have been exhausted, the employee may take up to forty-eight (48) hours of leave
without pay, after a critical incident.
LEGAL REFERENCES:
KRS 15.518
KRS 95A.292
Family and Medical Leave Act (FMLA)
Refer to the Employee Rights under the Family and Medical Leave Act for a summary of an employee’s
rights and responsibilities on the US Department of Labor, Wage and Hour Division website.
In general, the FMLA provides up to twelve (12) weeks of job-protected leave for eligible employees for
certain family and medical reasons. The Personnel Cabinet leave regulations provide additional
benefits to certain state employees as well. The information below reflects the combined federal and
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additional protections for all employees who are covered by administrative regulation 101 KAR 2:102
or 101 KAR 3:015.
Employee Eligibility
To be eligible for family and medical leave, an employee must have:
1. Completed at least twelve (12) months of state service; and
2. Worked or been on paid leave for at least 1,250 hours in the twelve (12) months immediately
preceding the first day of family and medical leave. Refer to the FMLA provisions in 101 KAR
2:102 Section 3 and 101 KAR 3:015 Section 3.
Leave Entitlement
An eligible employee must be granted at least twelve (12) weeks of family and medical leave during
the calendar year for one or more of the following reasons:
For the birth of a son or daughter, and to care for the newborn child (leave must be taken within
one (1) year of the child’s birth);
For placement with the employee of a son or daughter for adoption or foster care (leave must
be taken within one (1) year of the child’s placement);
To care for the employee’s spouse, son, daughter, parent, or immediate family member with a
serious health condition;
Because of a serious health condition that makes an employee unable to perform the functions
of the employee’s job;
Because of any qualifying exigency arising out of the fact that the employee’s spouse, son,
daughter, parent, or someone of similarly close relationship is a covered military member on
active duty (or has been notified of an impending call or order to active duty) in support of a
contingency operation;
To care for a covered service member with a serious injury or illness if the employee is the
spouse, son, daughter, next of kin, or someone of similarly close relationship to the service
member.
NOTE: An eligible employee is entitled to up to twenty-six (26) workweeks of leave to care for a covered
service member with a serious injury or illness during a single twelve (12) month period.
An employer is prohibited from delaying the designation of FMLA qualifying leave as FMLA leave. Once
an eligible employee communicates a need to take leave for an FMLA qualifying reason, or an employer
determines that leave is for an FMLA qualifying reason, neither the employee nor the employer may
decline FMLA protection for that leave.
An employee must utilize family and medical leave concurrently with other accumulated paid leave.
The employee must comply with the applicable paid leave regulations contained in 101 KAR 2:102 and
101 KAR 3:015. Upon written request, the employee may reserve up to ten (10) days of accumulated
sick leave on family and medical leave. An employee may not elect to reserve annual or compensatory
leave.
Leave to care for a spouse, son, daughter, parent, or immediate family member
A spouse is a husband or wife, individuals in lawfully recognized same-sex and common law
marriages recognized under State law for purposes of marriage in the State where the employee
was married, and marriages that were validly entered into outside of the United States if they
could have been entered into in at least one state.
A parent is a biological, adoptive, step or foster father or mother, or any other individual who
stood in loco parentis to the employee when the employee was a son or daughter as defined
below. The term does not include parents “in law.”
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A son or daughter means a biological, adopted, or foster child, a stepchild, a legal ward, or a
child of a person standing in loco parentis, who is either under age 18, or age 18 or older and
incapable of self-care because of a mental or physical disability at the time that family and
medical leave is to commence.
An “immediate family member” means:
o the employee’s spouse, mother, father, grandparent, son or daughter; or
o A person of similarly close relationship:
Who has resided with the employee for at least thirty (30) consecutive calendar
days immediately prior to application; or
For whom the employee is legally responsible.
Leave for the birth or placement of a child
Parents who are eligible for FMLA leave and are employed by the Executive Branch are both
entitled to twelve (12) weeks of leave due to the birth or placement of a child (i.e., bonding time).
Leave must be taken within one (1) year of the child’s birth or placement.
There may be some instances where an employee may qualify for family and medical leave prior
to the birth of a child. For example, an expectant mother may take family and medical leave for
prenatal care or if her condition makes her unable to work (such as in the case of severe morning
sickness or if placed on bed rest by a physician). The mother is entitled to family and medical
leave for incapacity due to pregnancy even though she does not receive treatment from a health
care provider during the absence, and even if the absence does not last more than three (3)
consecutive calendar days (the typical requirements for FMLA).
In the case of an adoption or foster care, an employee is eligible to receive family and medical
leave before the placement or adoption in some instances. For example, the employee may be
required to attend counseling sessions, appear in court, consult with his or her attorney or the
doctor(s) representing the birth parent, submit to a physical examination, or travel to another
country to complete an adoption.
An employee ordinarily must provide advance notice of his or her intent to use leave due to the
birth or placement of a child through adoption or foster care.
In general, upon the conclusion of the twelfth week of leave, if an employee has not exhausted
his or her accrued leave and family and medical leave, an employer may require an employee
to provide medical certification of the need for any additional leave time.
Advance notice and medical certification
The employee may be required to provide advance leave notice and medical certification or other
supporting documentation. Request for leave may be delayed or denied if requirements are not met.
The employee ordinarily must provide advance notice when the need for leave is foreseeable.
An employer may require medical certification to support a request for family and medical leave
because of a serious health condition and may require second or third opinions (at the
employer's expense) and a fitness for duty report to return to work.
Intermittent family and medical leave
Family and medical leave may be taken intermittently or on a reduced leave schedule under certain
circumstances. Intermittent leave is family and medical leave taken in blocks of time due to a single
qualifying reason. A reduced leave schedule is a leave schedule that reduces an employee’s usual
number of working hours per workweek, or hours per workday.
Intermittent leave must be granted for the following qualifying conditions when medically
necessary:
o An employee’s own serious health condition;
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o To care for the employee’s spouse, son, daughter, parent, or immediate family member
with a serious health condition;
o To care for a covered service member with a serious injury or illness if the employee is
the spouse, son, daughter, next of kin, or immediate family member to the service
member; and
o Because of any qualifying exigency arising out of the fact that the employee’s spouse,
son, daughter, parent, or immediate family member is a covered military member on
active duty (or has been notified of an impending call or order to active duty) in support
of a contingency operation.
Job benefits and protection
While an employee is on unpaid family and medical leave, the state contribution for health and
life insurance shall be maintained by the employer. If applicable, arrangements will need to be
made for employees to pay their share of health and life insurance premiums while on unpaid
family and medical leave.
On return from family and medical leave, an employee is entitled to be returned to the same
position the employee held when leave commenced, or to an equivalent position with equivalent
benefits, pay, and other terms and conditions of employment.
An employee shall be free from interference with, restraint, or the denial of any rights provided
by the federal FMLA.
An employee may not be discharged or discriminated against for opposing or complaining about
any unlawful practice under the federal FMLA.
Summary of leave enhancements
The federal FMLA provides that an employee must have worked at least 1,250 hours in the
twelve (12) months immediately preceding the first day of family and medical leave in order to
be eligible for family and medical leave. However, the Personnel Cabinet leave regulations allow
time worked and time spent on paid leave to count towards the 1,250 hour eligibility requirement.
The federal FMLA allows leave to care for only a spouse, son, daughter, or parent with a serious
health condition. However, state government allows employees covered by the Personnel
Cabinet leave regulations to take family and medical leave to care for other immediate family
members as well, as defined above.
The federal FMLA entitles spouses employed by the same employer to only a combined twelve
weeks of family and medical leave for bonding time following the birth or placement of a child.
However, state government agencies covered by the Personnel Cabinet leave regulations must
allow each parent twelve (12) weeks of family and medical leave for bonding time under the
above-specified situation.
All covered state agencies shall comply with the federal FMLA statutes and regulations, as well as the
family and medical leave provisions contained in 101 KAR 2:102 Section 3 and 101 KAR 3:015 Section
3.
LEGAL REFERENCES:
101 KAR 2:102, Section 3
101 KAR 3:015, Section 3
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Employee Rights under the Family and Medical Leave Act
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Funeral and Bereavement Leave
Upon the approval of the appointing authority, an employee who has lost an immediate family member
by death may utilize five (5) days of accrued sick leave, compensatory leave, annual leave, or leave
without pay if the employee does not have accrued leave, or a combination thereof. The appointing
authority may approve additional leave at the request of the employee.
For purposes of funeral and bereavement leave, an immediate family member shall include the
employee's spouse, parent, grandparent, child, brother, or sister, or the spouse of any of them, and
may include other relatives of close association if approved by the appointing authority.
LEGAL REFERENCES:
101 KAR 2:102, Section 8
101 KAR 3:015, Section 8
Living Organ Donor Leave Program
Any full-time employee of the executive, judicial, or legislative branch of the Commonwealth of Kentucky
who is absent from work due to medical reasons associated with donating bone marrow or certain
human organs may request to receive living organ donor leave. For purposes of organ donor leave,
human organ is defined as any part of a human intestine, kidney, liver, lung, or pancreas. Once
approved, a living donor is eligible for 240 hours of paid leave for each human organ donation and 40
hours of paid leave for each bone marrow donation.
LEGAL REFERENCES:
KRS 18A.194
101 KAR 6:010
Military Leave
State employees who are active members of the United States Army Reserve, the United States Naval
Reserve, the United States Air Force Reserve, the United States Marine Corps Reserve, the United
States Coast Guard Reserve, the United States Public Health Service Reserve, or the National Guard,
are credited with twenty-one (21) working days of military leave for the purpose of fulfilling state and/or
federal active duty orders, per federal fiscal year (October 1 September 30), provided your orders
require your absence from your state job.
A recent amendment to KRS 61.394 also makes military leave applicable to employees who are
physically disabled as a result of an injury, illness, or disease occurred or aggravated in the line of duty
while performing active-duty or inactive-duty training, or who are entitled to incapacitation pay pursuant
to 37 U.S.C. § 204. These employees are now eligible for military leave of absence from their respective
duties for up to six (6) months, unless an extension is granted by the appointing authority, and payment
of their salaries for a period of twenty-one (21) days.
Military leave must be requested in order to avoid being dismissed for job abandonment. Furthermore,
employees must also request the paid portion of the military leave on an annual basis, if applicable. A
copy of your orders should be provided to your Appointing Authority to initiate the requests.
Generally, once relieved or discharged from military duty under conditions other than dishonorable
military duty, you have a period of ninety (90)* days to notify your agency of your intent to return to your
employment position by either reporting to work or applying for reemployment. You have the right to be
restored to your former position or a position of like seniority, status, and pay.
*If hospitalized or receiving continuing treatment after release, you have a period of one (1) year to
apply for reemployment. Notably, you must be relieved in order to be entitled to exercise these
restoration rights. Please review KRS 61.373 for complete information with respect to military
restoration rights.
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You are entitled to any pay raises that would have been granted, as well as seniority that would have
accrued, and your increment date does not change. You will be credited with the appropriate months
of service upon presentation of a DD-214 to your human resource administrator. Please note that while
you are entitled to months of service for the purpose of leave accrual, you do not accrue annual or sick
leave while on military leave without pay.
If you are wounded or disabled and unable to perform your job upon return, the state must offer a
position similar in status and pay to the previous job for which you are qualified and able to perform.
Upon returning from military duty you (whether merit or non-merit) may not be terminated except for
cause for a period of (1) one year after the date of reemployment if your period of military service was
for 181 days or more; (2) 180 days after the date of reemployment if your period of military service was
for 31-180 days, after restoration to a position following military duty. However, if your position was
abolished as a result of a lay-off, or your name was included in a lay-off plan, you would not be able to
reclaim your job immediately. You would retain reemployment rights as if you had not left your job (i.e.,
placement on the re-employment lists with all seniority rights intact).
In the case that you do not agree that you have been afforded your restoration rights under state law,
you may file an appeal with the Personnel Board. Other remedies may also exist, pursuant to the
Uniformed Services Employment and Reemployment Rights Act (USERRA). If you have questions
about your return position or employment status, you should contact your human resource
administrator.
In a time of peace, you retain restoration rights for a period of six (6) years. However, in a time of war
or national state emergency, you retain these rights for the duration of the time of war or national
emergency plus six (6) months.
NOTE: In September 2023, President Joseph Biden gave notice of a continuation of the Notice of
Continuation of the National Emergency with Respect to Certain Terrorist Attacks. This notice continues
the national emergency that was declared as a result of the terrorist attacks of September 11, 2001, for
an additional year. So long as this state of national emergency exists, KRS 61.373 shall be applied
accordingly.
LEGAL REFERENCES:
101 KAR 2:102, Section 6
101 KAR 3:015, Section 6
KRS 61.373
KRS 61.394
Military, Spousal Leave
Any state employee who is the spouse of an active member of the United States Army Reserve, the
United States Naval Reserve, the United States Air Force Reserve, the United States Marine Corps
Reserve, the United States Coast Guard Reserve, the United States Public Health Service Reserve, or
the National Guard, who is called upon to serve under Federal orders (deployment) shall be granted
one day paid leave prior to deployment and one day paid leave upon return from deployment, per
federal fiscal year (October-September), according to KRS 18A.190. The appointing authority may
require a copy of the soldier’s military orders prior to approving the use of this leave.
LEGAL REFERENCES:
KRS 18A.190
Parental Leave: Maternity/Paternity/Adoption/Foster
In the Commonwealth, we know that bonding time with a new baby or adopted child is important for
you and your family. We want to be as helpful as possible as you start your journey. That’s why we’ve
developed a leave policy with your needs in mind. Executive Branch employees are granted twelve
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(12) weeks of leave for the birth of a child, to care for the newborn child, and for placement of an
adopted or foster child. If both parents are KRS Chapter 18A employees, each parent is entitled to
twelve (12) weeks of leave. Leave time will be paid if the employee is eligible to use accrued annual,
compensatory, or sick leave. Please review the “Leave: Family and Medical (FMLA)” section of the
handbook for additional information.
In addition, you may be eligible for participation in the Commonwealth of Kentucky’s sick leave sharing
program. Please review the “Leave Sharing Programs” section of the handbook for additional
information.
Sick Leave
Eligible full-time and interim employees receive sick leave as a state work benefit. Part-time employees
do not earn sick leave. Sick leave with pay is accumulated at the rate of one (1) working day per month,
credited upon the first day of the month following the month in which the sick leave is earned, with no
maximum. A full-time or interim employee shall have worked or been on paid leave, other than
educational leave, for 100 or more regular hours in a month to accrue sick leave. This does not include
hours worked in excess of the prescribed hours of duty.
After the completion of both 120 months of service and 240 months of service, an additional 10 days
of sick leave is automatically credited to the employee’s sick leave balance. The credit is completed on
the first day of the month following the completion of each given months of service.
Rules on Use
As with annual leave, you are required to get advance leave approval for such non-emergency sick
leave as doctor's appointments. If your need to use sick leave prevents advance notice, you are
expected to call your supervisor or his or her designee as soon as possible. Remember, the same
penalties that apply to unauthorized annual leave also apply to unauthorized sick leave when the
absence is not a medical emergency. When you cannot give adequate notice, a timely telephone report
to your supervisor may prevent your absence from being considered unauthorized. Please check with
your supervisor or your human resource administrator for your agency’s call-in procedures.
Sick leave with pay may be used when you have a medical, dental, or optical appointment. You may
also qualify to use earned sick leave if you:
are sick or injured;
are pregnant;
are caring for a sick or injured member of your immediate family for a reasonable period of time;
would jeopardize the health of yourself or others at work; or
have lost by death a parent, child, brother, sister, their spouse, or any other person as specified
in the regulations (refer to Funeral and Bereavement for limit/details).
Your agency may limit the amount of time granted for the above conditions and may require a doctor's
certificate to document your condition. Sick leave may be used in 15-minute units.
If you resign or retire from state employment, you will not be paid for accumulated sick leave.
At the time of your retirement, you may receive service time credit for unused sick leave in
accordance with the conversion chart maintained by the Kentucky Public Pensions Authority
(KPPA). Actual credit is determined by the Retirement Systems per their regulation.
A former employee who has been rehired, shall receive credit for months of prior service and
shall be credited with the unused sick leave balance that existed at the time of the previous
separation, unless the employee had been dismissed for cause or has retired from a position
covered by a state retirement system.
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Computing and Crediting Sick Leave
In computing months of total service for the purpose of crediting sick leave, only the months for which
an employee earned sick leave may be counted. The total service shall be verified before the leave is
credited to the employee's record.
Sick Leave Abuse
Your earned sick leave with pay is intended as a benefit for you to use at those times when you have
a bona fide need for it. As your employer, the state has defined the terms for using sick leave very
broadly, recognizing that there are many circumstances other than your own unexpected illness when
you might justifiably claim sick leave. Sick leave cannot, however, be used for unnecessary occasions
when it would be convenient for you to be absent. For those times, you must apply for annual or
compensatory leave. The employee who abuses sick leave causes either a work slow-down or places
an unfair strain upon fellow workers who must do the work in his or her absence. In consideration for
your fellow workers, your agency, and the people state government serves, spend your sick leave time
wisely.
Sick Leave without Pay
You are eligible for sick leave without pay (without a change in your personnel status) for your own
injury or illness if:
1. You have exhausted all accumulated paid annual, sick, and compensatory leave; or
2. You have exhausted all accumulated paid leave other than up to ten (10) days of accumulated
sick leave, which you have requested to retain.
NOTE: Sick leave without pay for your own illness or injury shall not exceed thirty (30) continuous
calendar days.
Within your first twelve (12) months of employment after your initial appointment, you are eligible for
sick leave without pay to care for yourself or a member of your immediate family if:
1. You do not qualify for family and medical leave due to lack of service time; and
2. You have exhausted all accumulated paid annual, sick, and compensatory leave.
NOTE: Sick leave without pay within your first twelve (12) months of employment shall not exceed thirty
(30) working days in a calendar year.
Sick Leave by Personnel Action
Upon your exhaustion of your thirty (30) continuous calendar days sick leave without pay entitlement,
you are eligible for sick leave by personnel action for your own illness or injury for a period not to exceed
one (1) year.
1. Your appointing authority may require you to provide statements from an appropriate medical
health professional attesting to your continued inability to perform the essential functions or your
duties with or without reasonable accommodation.
2. Your appointing authority may require you to provide a medical statement certifying your ability
to return to work before you are permitted to return.
3. Your appointing authority must return you to your former position, or to a position for which you
are qualified or which resembles your former position as closely as circumstances permit, once
you give notice of your ability to resume your duties and complied with any other requirements.
If you are unable to return to your previous position upon the expiration of one (1) year of sick leave by
personnel action, then you may be deemed resigned from your position. However, you will be given
priority consideration for any other vacant, budgeted position with the same agency, for which you are
qualified and capable of performing its essential functions with or without reasonable accommodation.
LEGAL REFERENCES:
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101 KAR 2:102, Section 2
101 KAR 3:015, Section 2
KRS 18A.145
Special Leave of Absence/Educational
Special leave of absence may be granted for up to 24 months, with the approval of your appointing
authority and the Secretary of Personnel. If granted, leave shall be granted either with pay, if the
employee contractually agrees to a service commitment, or without pay. You will not accumulate annual
leave or sick leave while on special leave with pay. If your leave is without pay, you must make
arrangements through the payroll officer to continue your health and life insurance. You must pay the
total premiums.
LEGAL REFERENCES:
101 KAR 2:102, Section 9
101 KAR 3:015, Section 9
Voting and Election Leave
According to 101 KAR 2:102 (7) and 101 KAR 3:015 (7), an employee who is eligible and registered to
vote shall be allowed, upon prior request and approval, use of up to four (4) hours for the purpose of
voting in-person, by mail-in ballot, or to appear before the county clerk to request an application for or
to execute an absentee ballot. A supervisor, manager, or appointing authority may specify the hours
an employee may be absent. This includes participation in out-of-state elections and absentee votes
cast for out-of-state elections if the employee is otherwise eligible. In order to be eligible for voting
leave, an employee must:
1. be registered to vote in the county holding the election,
2. be regularly scheduled to work on an early, alternate voting day or Election Day during the hours
of 6:00 a.m. to 6:00 p.m. local time, or on the date the vote is cast by mail, and
3. notify their immediate supervisor prior to receiving voting leave. Employees who vote and work
in lieu of taking voting leave may receive up to four (4) hours of compensatory time.
In addition to being eligible to vote in the county holding the election, the employee must actually vote
in order to receive voting leave. Agencies should develop work schedules in advance of an election
that permit employees to share the workload on Election Day while still taking leave time to go to the
polls. NOTE: Presidential Election Day is not eligible for voting leave as State Offices will be closed per
KRS 18A.190
Election Leave
According to KRS 118.035, section 4, any person selected to serve as an election officer shall be
entitled to absent himself from any services or employment in which he is then engaged or employed
for a period of an entire day to attend training or to serve as an election officer. The employer may
specify the hours during which the employee may absent himself.
According to 101 KAR 2:102 (7) and 101 KAR 3:015 (7), an employee who is selected as an election
officer shall be allowed, upon prior request and approval, leave up to seven and one half (7.5) hours
based on a 37.5 hour work week or eight (8) hours based on a 40 hour work week, for attending training
or serving as an election officer. This includes participation in out-of-state elections, if the employee is
otherwise eligible.
Approved absences to serve as an election officer on Election Day shall be coded as ELEC
(Working Polls Leave).
Approved absences for election officer training activities shall be charged to compensatory,
annual, or authorized leave without pay if the employee does not have accrued leave or a
combination thereof.
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LEGAL REFERENCES:
101 KAR 2:102, Section 7
101 KAR 3:015, Section 7
KRS 18A.190
Weather, Adverse
The normal working hours for employees in State Government Offices are 8:00 a.m. to 4:30 p.m.,
prevailing local time, Monday through Friday. Appointing Authorities are authorized to approve flexible
schedules when necessary to promote efficiency or provide reasonable accommodation.
It is the policy of State Government that state offices will remain open and that the working hours of
state employees will not be altered due to adverse weather conditions. When weather conditions
prevent an employee from reporting to work at the normal time, or when an employee decides not to
report for work or to leave work early due to weather conditions, the following apply:
1. If operational needs allow, supervisors are required to make every reasonable effort to arrange
schedules to allow employees to make up time not worked. Employees are not allowed to make
up the work if it would result in the employee working over 40 hours in a workweek. The
employee has one hundred twenty-three (123) days from the occurrence of the absence to make
up the time lost. If it is not made up within that time, it will be deducted first from available
compensatory leave and/or then from available annual leave. If, at that time, the employee has
no annual or compensatory leave available, then the employee shall have his/her time charged
to leave without pay and deducted from the employee’s wages. If the employee transfers to
another agency or is no longer employed by state government before the leave is made up, the
leave shall be charged to compensatory and/or annual leave or deducted from the employee's
final pay; or
2. Employees may use accumulated annual or compensatory leave time for the late arrival, early
departure or missed workday; or
3. If compensatory and annual leave have been exhausted, the employee may take leave without
pay for the late arrival, early departure or missed workday.
Any employee who is on leave that was arranged prior to the inclement weather shall use the leave as
originally requested. NOTE: Employees designated for mandatory operations are not eligible for
adverse weather leave. Employees who work in 24-hour facilities such as parks, hospitals, prisons, or
residential facilities and employees who work in law enforcement, disaster and emergency services
and on highway crews are the standard exception to the normal working hours policy and are not
eligible to utilize this leave type.
Telecommuting: If an employee’s equipment is not operational at any given time or is unable to be
accessed during the specified telecommuting work hours due to adverse weather conditions, such as
a power outage at one’s residence, and the primary work location to which the employee would report
is open, the telecommuter may utilize annual, compensatory, or adverse weather leave if the employee
chooses not to report to the primary work location.
LEGAL REFERENCES:
101 KAR 2:102, Section 11
101 KAR 3:015, Section 11
Transferring Months of Service/Leave Balances with No Break in Service
The following describes certain benefits that will transfer with an employee moving from the listed
agency to the Executive Branch.
Please note that if Months of Service transfer, it is for leave accrual purposes only.
Administrative Office of the Courts (AOC)
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Months of Service
Leave Balances (except for comp time)
Sick Leave Sharing Program Participation
Board of EducationOnly if going to the Department of Education
Months of Service
Leave Balances (sick leave only)
Chapter 16 (Trooper)
Months of Service
Leave Balances
Sick Leave Sharing Program Participation
Colleges or Universities
Nothing transfers
County or City Government
Nothing transfers
Department of Education Career & Technical Education
Months of Service
Leave Balances
Executive Branch going to Executive Branch or to Department of Education Career & Technical
Education
Months of Service
Leave Balances
Sick Leave Sharing Program Participation
Kentucky Community & Technical College System (KCTCS) Only up to July 1, 1998, if going to
Executive Branch or to Department of Education Adult & Technical Education
Months of Service
Kentucky Housing Corporation
Nothing transfers
Kentucky Public Pensions Authority (KPPA) - HB 461 (going to and from)
Months of Service
Leave Balances
Sick Leave Sharing Program Participation
Legislative Research Commission (LRC)
Months of Service
Leave Balances (Beginning February 1, 2008 will accept up to 200 hours comp time)
Sick Leave Sharing Program Participation
Local Health Departments
Nothing transfers
Property Valuation Administrator (PVA) - is considered an elected state official. Therefore, if a former
PVA becomes an employee of the Executive Branch, in a position that accrues leave, the months of
service as a PVA will need to be included when setting the annual leave accrual rate.
Months of Service
Leave Balances
Sick Leave Sharing Program Participation
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Returning Retirees
Nothing transfers
Teachers’ Retirement
Months of Service
Leave Balances
Sick Leave Sharing Program Participation
Unified Prosecutorial Systems (UPS)
Months of Service
Leave Balances (if leave exists in compliance with KRS 61.407)
NOTE: For transfers involving Teachers’ Retirement, PVA, AOC or Board of Education, agencies will
need to call the agency from which the employee is transferring to get the information. If there is a
break in service, then employees would be paid for their annual and comp (up to the max). If an
employee is coming from Unified Prosecutorial System, then receiving agencies would need to contact
this agency for their months of service and leave balances since this is not stored in KHRIS.
Leave Sharing Programs
The Commonwealth of Kentucky supports two leave sharing programs (annual leave and sick leave)
that provide assistance to employees in the event that certain conditions exist and specific qualifications
are met, per program.
Eligibility requirements for both programs include:
KRS Chapter 18A employees who are regularly appointed to positions in the state service which
are compensated on a full-time, part-time, or interim basis are eligible to participate in these
programs. Additionally, with respect to the Sick Leave Sharing Program, employees of the
Administrative Office of the Courts, Legislative Research Commission, sworn personnel in State
Police covered by KRS Chapter 16, Property Valuation Administrator (PVA), and Kentucky
Teachers’ Retirement System may also participate.
Both the applicant and the donor must be in an active/paid status at the time of the
application/donation.
An employee becomes eligible to receive donated leave at the point in time when criteria specific
to the leave sharing program in question are met (refer to detailed program information below).
Donors must have accrued a leave balance of more than seventy-five (75) hours and may not
request a transfer of an amount of leave that would result in reducing his or her leave balance
to less than seventy-five (75) hours.
Program Guidelines
1. The applicant for leave sharing shall be responsible for filing the appropriate leave sharing
application.
2. The appointing authority, with the approval of the Secretary of the Personnel Cabinet, shall
determine the amount of leave, if any, which an employee within his or her agency may receive.
Transfers of leave shall not exceed the amount requested by the recipient. (Refer to maximum
amount under details for Annual Leave Sharing Program.)
a. Leave shall not be donated to an employee regularly scheduled to work thirty seven and
one-half (37.5) hours per week in an amount less than seven and one-half (7.5) hours.
b. Leave shall not be donated to an employee regularly scheduled to work forty (40) hours
per week in an amount less than eight (8) hours.
3. Leave may be transferred between employees of the same agency. With the approval of the
Secretary of the Personnel Cabinet and of the appointing authorities of both agencies, leave
may be transferred between employees of different state agencies.
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a. If multiple donors donate leave to an eligible recipient, agencies shall transfer leave in
chronological order of receipt of the donation forms, up to the maximum amount that has
been certified to be needed by the recipient.
b. Donated leave shall not be utilized retroactively except to cover the period between the
date the request was submitted to the employee's supervisor or agency representative
and the date of approval by the appointing authority.
c. The leave sharing recipient shall be responsible for monitoring the amount of leave
donated and used.
d. Leave that an employee accrues while receiving donated sick leave shall be used before
donated sick leave. Donated leave shall be used in the order in which it is donated, and
on consecutive days.
e. If a leave donor resigns, retires, or is otherwise terminated from state employment before
the process of transferring leave to the recipient has begun, the leave shall not be
available for use by the recipient.
f. When the recipient of donated leave returns to work, unused donated leave shall be
restored to the donors in reverse order of donation. Please review information below for
exceptions to this general rule specific to the type of leave sharing program used.
4. While using leave donations, an employee shall be deemed a state employee and shall receive
the same treatment with respect to salary, wages and employee benefits.
5. All salary and wage payments made to an employee while using leave sharing shall be made
by the agency employing the person receiving the leave.
6. No employee shall directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate,
threaten, or coerce any other employee for the purpose of interfering with the employee's right
to voluntarily contribute leave sharing donations. Intimidate, threaten, or coerce means
promising to confer or conferring any benefit or effecting or threatening to effect any reprisal.
Some important notes:
It is important to remember that participation in any leave sharing program is at the discretion of
the employee and requires approval of the Appointing Authority and the Secretary of the
Personnel Cabinet.
When working with any facet of either leave sharing program you must consider both the statute
and the regulations.
Annual Leave Sharing Program
In the event of a catastrophic loss to an employee’s personal property, due to either a natural disaster
or fire, eligible employees who accrue annual leave and who have exhausted their leave balances may
have annual leave donated to them by other eligible state employees.
Requirements Unique to the Annual Leave Sharing Program:
1. To request donated annual leave, the following conditions must be met:
a. The employee suffers from a catastrophic loss to his or her personal property, due to
either a natural disaster or fire, that either has caused or will likely cause the employee to
go on leave for at least ten (10) consecutive working days;
i. The ten (10) consecutive days of leave required for eligibility by KRS 18A.203 shall
be leave with or without pay.
b. The employee has exhausted his or her accumulated annual leave and compensatory
leave balances; and
c. The employee has complied with administrative regulations governing the use of annual
leave.
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2. The total amount of donated annual leave that may be received or used by an eligible employee
for the purposes specified by this administrative regulation shall be limited to 200 work hours per
each qualifying event.
3. When the recipient of donated leave returns to work, unused donated leave shall be restored to
the donors in reverse order of donation, unless the recipient provides evidence that the original
condition for which annual leave was donated will continue.
Sick Leave Sharing Program
In the event of a prolonged or catastrophic illness or injury, or an extended absence due to illness of a
family member, eligible employees who accrue sick leave and who have exhausted their leave balances
may have sick leave donated to them by other eligible state employees.
Requirements Unique to the Sick Leave Sharing Program
1. To request donated sick leave, the following conditions must be met:
a. The employee or member of his/her immediate family suffers from a "medically certified"
illness, injury, impairment, or physical or mental condition which has caused, or is likely
to cause, the employee to go on leave for at least ten (10) consecutive working days;
i. "Immediate family" means (a) the employee's spouse, mother, father, grandparent,
son or daughter; or (b) A person of similarly close relationship who has resided
with the employee for at least thirty (30) consecutive calendar days immediately
prior to application; or for whom the employee is legally responsible
b. The employee's need for absence is certified by a licensed practicing physician or
Advanced Practice Registered Nurse;
c. The employee has exhausted all of his/her available paid leave; and
d. The employee has complied with administrative regulations governing the use of sick
leave.
2. The applicant for sick leave sharing shall be responsible for filing the appropriate medical
certificates certifying the medical necessity.
3. When the recipient of donated leave returns to work, unused donated leave shall be restored to
the donors in reverse order of donation, unless the recipient provides medical evidence that
continued periodic medical treatment relating to the original condition for which leave was
donated is required.
4. An appointing authority may require a sick leave recipient to provide an updated medical
certificate attesting to the continued need for leave after thirty (30) working days of sick leave.
5. An employee receiving workers' compensation benefits shall be eligible to receive donated sick
leave to maintain a regular level of pay.
Leave Sharing Enterprise Programs
As an enhancement to the current Annual and Sick Leave Sharing (SLS) Programs, the Personnel
Cabinet maintains listings of employees who are currently seeking donations of annual and sick leave.
Inclusion on either listing is at the request of the employee and only limited/non-sensitive information
is included. It is kept updated and available to agency HR Administrators, to share with employees who
are eligible and request to donate a portion of their unused annual and/or sick leave balance to an
approved employee.
If you are interested in being included on the listing or in donating, please contact your HR Administrator
for more information.
NOTE: There have been no changes implemented with the existing program and this is NOT to be
confused with a leave sharing bank/pool. This is simply an enhancement to bring more visibility to those
in need of donations and to provide an opportunity to those wishing to give.
LEGAL REFERENCES:
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101 KAR 2:105
101 KAR 2:106
KRS 18A.196
KRS 18A.197
KRS 18A.203
Ridesharing
If you are interested in joining a car or van pool, or commuting by bus to work, contact the Transportation
Cabinet, Division of Planning, at (502) 564-7183 for referrals to individuals and agencies in your
community. This office maintains a file of persons commuting to Frankfort. You can also visit their
website.
Retirement
Your retirement plan as an employee of Kentucky state government is designed to give long-term
security years after your state service has concluded. It may also offer valuable benefits for your named
beneficiary.
Most state employees participate in the Kentucky Employees Retirement System (KERS), one of the
three systems including active and retired state government employees and employees of regional
universities administered by the Kentucky Public Pensions Authority (KPPA). Members can find details
of their retirement eligibility, health insurance, and more by visiting the KPPA website at kyret.ky.gov.
Additionally, KPPA offers online access to personal retirement information by logging in to a secure
self-service portal. Go to myretirement.ky.gov to update contact information, calculate retirement
benefits, apply for retirement online and more.
Some employees of the Education and Labor Cabinet are enrolled in the Teachers’ Retirement System
(TRS), another state-administered retirement syste, within Kentucky. TRS members can learn more
about their retirement benefits by visiting the TRS website.
Important Note: Members with more than one retirement plan administered by the Commonwealth of
Kentucky may be allowed to combine service to determin eligibility for benefits, tital service credit and
more under the reciprocal agreement between all state-administered retirement systesm.
Kentucky Public Pensions Authority (KPPA)
Kentucky Employees Retirement System (KERS)
1260 Louisville Rd., Frankfort, KY 40601
Kyret.ky.gov
Myretirement.ky.gov (self-service)
Local: (502) 696-8800 / Toll Free: 1 (800) 928-4646
Teachers’ Retirement System of Kentucky (TRS)
479 Versailles Rd., Frankfort, KY 40601
Trs.ky.gov
Mss.trs.ky.gpv (self-service)
Local: (502) 848-8500 / Toll Free: 1 (800) 618-1687
Leave Balances
1. Annual*: If you have a positive annual leave balance at the time of your retirement, you may be
eligible to receive a payout for the value of that balance.
2. Sick: If you have unused sick leave you may be eligible to donate a portion of your balance to
employees who have applied and been approved to accept sick leave donations through the
Sick Leave Sharing Program. Please review the Leave Sharing Programs section for details or
contact your human resource administrator.
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3. Compensatory*: If you have a positive compensatory leave balance upon retirement, you are
eligible to receive a payout for the value of that balance.
*Leave Payouts: These are considered lump sum payments which are taxed at a much higher rate
than your regular earnings. If you have an active account under the Kentucky Public Employees
Deferred Compensation Authority, you may defer all or a portion of your payout to avoid this tax penalty.
Employees in policy-making positions may accrue up to 480 hours of compensatory leave; however,
the maximum payout amount is 240 hours.
The Kentucky Public Employees Deferred Compensation Authority
To defer your payment(s) for accumulated leave (compensatory and annual) time to Kentucky Deferred
Compensation (KDC), be sure to contact them 60 days in advance of your planned retirement date.
You must complete and sign a Participation Agreement far enough in advance (at least one
month) for Kentucky Deferred Compensation to notify your payroll department prior to the
issuance of payment for your accumulated leave. Merely notifying KDC of your intention will not
allow you to defer any payment for accumulated leave.
To transfer dollars from your KDC account to KPPA, TRS, Legislative or Judicial Form
Retirement in order to purchase service credit, you will need to submit the Direct
Transfer/Rollover form to KDC.
NOTE: Any purchase of service credit begins with your retirement system. You will need to obtain the
necessary forms and cost calculation information before Kentucky Deferred Compensation can assist
you.
For further information on deferring accumulated leave or using your Kentucky Deferred Compensation
account to purchase service credit, please call their Member Customer Service Center toll free at (800)
542-2667, or in Frankfort at (502) 573-7925.
The Kentucky Employee Assistance Program (KEAP)
Often there’s much that goes into planning for retirement from a fiscal standpoint. Very few employees
spend time planning for the psychological/emotional issues which occur with retirement. Planning for a
healthy transition is critical with all major life changes; even good change can be stressful. The
Kentucky Employee Assistance Program (KEAP) offers an educational tool that highlights important
issues to consider so you can make the healthiest transition into retirement. Prospective retirees may
contact KEAP at 1 (800) 445-5327 or (502) 564-5788 for more information or to speak with a counselor
one-on-one.
The Kentucky Employees’ Health Plan (KEHP)
As you retire (under 65 and not eligible for Medicare) keep in mind the following information pertaining
to your health insurance benefits:
Your health insurance benefits should transition without a break in coverage. To ensure a
smooth transition you must work with your retirement system to complete a Health Insurance
Application. The retirement system will notify KEHP of your retirement coverage.
For more information, please contact your retirement system.
Retirees returning to work
If you retire and determine you still have a desire to continue working, state employment may be an
option for you. To determine whether your employment with state government will affect your retirement
benefits, review the retiree information specific to reemployment after retirement on the Kentucky
Kentucky Public Pensions Authority’s (KPPA) website. If you decide to apply for a position within state
government, you will need to apply to vacant positions posted on the Personnel Cabinet’s Careers
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website. You can apply for positions of interest anytime 24 hours a day, seven days a week during the
vacancy posting period.
Remember, if you are a returning retiree, you are no longer an Internal Mobility Candidate, nor do you
have Reinstatement privileges. For more information pertaining to recruitment, access the Personnel
Cabinet’s Careers website.
Unemployment Insurance
If you are terminated without cause or laid off, you may be eligible to file for unemployment insurance
benefits. If you have received notice of lay-off, you should immediately contact your local unemployment
office or the Kentucky Division of Unemployment Insurance at (502) 564-2900.
For those employees appointed as a Secretary, Deputy Secretary, Executive Director, Chief of Staff,
or Commissioner, please be advised that your position has been deemed a major nontenured
policymaking or advisory position pursuant to KRS 341.055(4)(f). Should you leave or be terminated
from employment, although you may apply for unemployment benefits with the Kentucky Division of
Unemployment Insurance, your position is considered noncovered for purposes of Kentucky
Unemployment Insurance benefits, or in other words, a position that is not entitled to receipt of
unemployment benefits.
RESPONSIBILITIES OF EMPLOYMENT
Executive Branch Training
Certain training requirements exist to ensure employees are aware of important laws, regulations, and
policies governing their employment, as well as the benefits and services to which an employee is
entitled. This includes Executive Branch Onboarding for new employees, which should be assigned by
the hiring agency and completed within 30 days of hire. Additionally, annually, the Personnel Cabinet
assigns a training curriculum to all employees, which must be completed by the designated deadline.
Failure to comply with these training requirements will result in a required minimum rating of “Needs
Improvement” for the Professional Development competency section of the Year-End Performance
Evaluation for eligible employees.
These training requirements are subject to change, are required of all employees regardless of their
employing agency, and are in addition to any training the agency may require.
Ethics Code for the Executive Branch
Executive Branch employees are responsible for complying with the Executive Branch Code of Ethics
under Kentucky Revised Statutes (KRS) Chapter 11A. The Executive Branch Code of Ethics contains
provisions to ensure ethical conduct and prevent conflicts of interest in the Executive Branch of state
government.
To maintain public confidence in a democratic government, certain restrictions are placed upon your
conduct. In general, as a public servant, you are prohibited from the following:
Using or attempting to use your influence in any matter which involves a substantial conflict
between your personal or private interest and your duties in the public interest;
Using or attempting to use any means to influence a public agency in derogation of the state at
large;
Using your official position or office to obtain a financial gain for yourself or any members of your
family;
Using or attempting to use your influence to benefit family members considered for personnel
actions (appointments, promotions, etc);
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Using or attempting to use your official position to secure or create privileges, exemptions,
advantages, or treatment of yourself or others in derogation of the public interest at large;
Disclosing or using confidential information acquired in the course of your official duties to further
your own economic interests;
Receiving, directly or indirectly, any interest or profit from the use or loan of public funds;
Acting as a representative or agency for the Commonwealth or any agency in the transaction of
business or regulatory action with yourself, or with any business in which you or a member of
your family has any interest greater than five percent (5%) of the total value thereof;
Undertaking, executing, holding, bidding on, negotiating, or enjoying, in whole or in part, any
contract, agreement, lease, or purchase made, entered into, awarded, or granted by the agency
by which you are employed or which you supervise, subject to the provisions of KRS 45A.340;
Accepting compensation, other than that provided by law for public servants, for the performance
of your official duties without the prior approval of the Executive Branch Ethics Commission;
Accepting outside employment from any person or business that does business with or is
regulated by the state agency for which you work or supervise without the approval of your
appointing authority;
Accepting any gifts or gratuities, including travel expenses, meals, alcoholic beverages, and
honoraria, totaling a value greater than twenty-five dollars ($25) in a single calendar year from
any person or business that does business with, is regulated by, is seeking grants from, is
involved in litigation against, or is lobbying or attempting to influence the actions of the agency
in which you are employed or which you supervise, or from any group or association which has
as its primary purpose the representation of those persons or businesses, except as provided in
KRS Chapter 45A.
The Executive Branch Code of Ethics also places restrictions on your conduct after you leave state
government. For example, in general, for one (1) year after leaving state government, you are prohibited
from the following:
Acting as a lobbyist or a lobbyist’s principal in matters in which you were directly involved during
the last thirty-six (36) months of your tenure for a specific period of time;
Representing a person or business before a state agency in a matter in which you were directly
involved during the last thirty-six (36) months of your tenure for a specific period of time.
Also, former officers, as defined by KRS Chapter 11A, and certain elected officials are subject to
additional restrictions for one (1) year after leaving state service, such as the following:
Undertaking, executing, holding, bidding on, negotiating, or enjoying, in whole or in part, any
contract, agreement, lease, or purchase made, entered into, awarded, or granted by the agency
by which you were employed within one (1) year from the termination of your employment;
Accepting, within one (1) year from the termination of your employment, employment,
compensation, or other economic benefit from any person or business that contracts or does
business with, or is regulated by, the state in matters in which you were directly involved during
the last thirty-six (36) months of your tenure.
Certain Executive Branch employees are required to publicly disclose financial information within thirty
(30) days of hire, annually, and within thirty (30) days of separation. If you are required to disclose this
information, you will be sent notification of this requirement.
The Executive Branch Code of Ethics details procedures for reporting a complaint of an alleged violation
of KRS Chapter 11A. An investigation may be initiated by the Executive Branch Ethics Commission to
determine if a violation of the law has occurred. Penalties for violations of the Executive Branch Code
of Ethics include loss of state employment, withholding of salary, civil penalties of not more than $5000
per violation, and criminal penalties for a Class D felony charge, depending on the law violated.
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For more details of the ethics laws that govern the Executive Branch employees, refer to KRS Chapter
11A. If you have questions, you may consult your supervisor or designated Ethics Officer or request an
advisory opinion from the Executive Branch Ethics Commission. A list of Ethics Officers may be found
on the Executive Branch Ethics Commission website.
Use of State Materials and Equipment
When state materials, equipment, and resources are put to personal use, they must be replaced sooner,
causing a drain on agency funds. KRS 11A.005, 11A.020 and 11A.040 prohibit a public servant from
using his or her public office to obtain a private benefit, and from furthering his own economic interests
through state employment. Therefore, when state employees use copy machines, telephones,
stationery, computers, email, bandwidth, and other state resources as if they were their own personal
property, they deprive the public of the use for which such resources were intended and violate the law.
The conscientious employee will carefully use state materials and equipment purchased with tax dollars
and take care to avoid the personal use of state resources.
LEGAL REFERENCES:
KRS Chapter 11A
KRS 11A.005
KRS 11A.020
KRS 11A.040
Outside Employment
Employees wishing to seek outside employment, in addition to their regular duties as a public servant,
are required to request approval from their appointing authority to ensure there is not a conflict of
interest. A request form is available on the Personnel Cabinet’s website under Documents in Demand,
which ensures that all necessary information is provided for proper consideration.
LEGAL REFERENCES:
9 KAR 1:050
Political Activities
As your employer, state government encourages you to register and vote. Believing that it is each
citizen’s responsibility to be informed about the issues that affect your life within society, you are allowed
up to four (4) hours of paid leave to vote during work hours. For more information regarding voting
leave, please refer to the voting leave section of this handbook.
To protect you from political pressure in your job, certain restrictions have been placed upon your
involvement in political activities. These restrictions are located in KRS 18A.140:
Discrimination and Political Activities Prohibited.
No person shall be appointed or promoted to, or demoted or dismissed from, any position in the
classified service, or in any way favored or discriminated against with respect to employment in the
classified service because of his/her political or religious opinions, affiliations, ethnic origin, sex, race
or disability. No person over the age of forty (40) shall be discriminated against because of age.
Favoritism or discriminatory treatment in Merit System employment on the basis of race, color, sex,
disability, age, national origin, religion, sexual orientation, gender identity or expression, pregnancy or
related medical condition, marital or familial status, ancestry, political affiliation, genetic information, or
veteran status is a violation of law.
The use or promise of political influence based upon an official position, whether actual or anticipated,
or favorable or retaliatory treatment of a merit system employee or position is a violation of law.
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Merit system employees may not be solicited to make contributions of money or services to political
parties or candidates.
Merit system employees may not be actively involved in partisan political campaigns. Merit system
employees can be candidates for an elected office on a non-partisan basis, as long as the employee
complies with KRS 61.080, and there is no conflict of interest with their existing state job duties.
Employees shall also provide notice to their appointing authority of their intent to seek office. State merit
employees cannot be a candidate for nomination or election to a paid partisan office.
Permitted Activities
The following guidelines are taken from Opinions of the Attorney General who interprets the political
activities law:
1. Registration and Voting: Classified employees may register and vote in any election.
2. Expression of Opinions: All persons subject to the personnel rules have a right to privately
express their opinions on all political subjects and candidates, but they may not take an active
part in political management or political campaigns.
3. Contributions: It is lawful for classified employees to make voluntary cash contributions to
political parties, candidates, or organizations. However, it is unlawful for classified employees to
make contributions of goods, services, or labor.
4. Membership in Political Clubs: Classified employees may join a political club and attend its
meetings but may not hold office or serve on committees of the club.
5. Attendance at political rallies, conventions, etc. is permitted and classified employees may
participate in the selection of committeemen and committeewomen. Classified employees may
vote at the lowest level of the selection process for delegates to the party conventions.
6. Political Pictures and Signs: It is lawful for classified employees to display political pictures or
signs on their property.
7. Badges, Buttons, and Stickers: It is lawful for classified employees to wear political badges or
buttons and voluntarily display political stickers on their private automobiles; however, no
political badges, buttons, or other designations may be worn while on official duty or while the
employee is conducting official business for the Commonwealth.
8. Precinct election officers: Classified employees may serve as precinct election officers at the
polls.
9. Constitutional amendments, referenda, etc.: Classified employees may work actively for or
against constitutional amendments, referenda or municipal ordinances in which they are
interested, provided that state time and resources are not used for this purpose.
10. Transporting Voters: Classified employees on their own time may transport friends or relatives
to the polls as a civic gesture, but may not transport voters to the polls as a part of an organized
service to a political party, faction, or candidate.
Prohibited Political Activities
The following political activities are prohibited whether the employee is on or off duty:
1. Political Party Involvement: Classified employees are prohibited from serving on or for any
political committee, party, or other similar organization, or serving as delegate or alternate to a
caucus or party convention, but may vote in the selection of delegates to a party convention or
in the selection of precinct committeemen or committeewomen.
2. Political Contributions: A classified employee is prohibited from soliciting or handling partisan
political contributions.
3. Political Party Tickets: A classified employee is prohibited from soliciting the sale of or selling
political party, faction, or candidate items or tickets, but a classified employee may voluntarily
purchase such items or tickets.
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4. Political Club Involvement: A classified employee is prohibited from serving as an officer of a
political club, as a member or officer of any its committees, from addressing such a club on any
partisan political matters, or from being active in organizing it.
5. Political meetings and rallies: A classified employee is prohibited from serving in connection with
preparation for, organizing or conducting a political meeting or rally, or addressing such a
meeting on any partisan political matter therein except to vote.
6. Partisan activity at election polls: A classified employee is prohibited from engaging in partisan
activity at the polls (at primary or regular elections) in the position of checker, challenger, or
watcher, or in soliciting votes and assisting voters to mark ballots.
7. Candidacy for office: A classified employee is prohibited from becoming a candidate for
nomination or election to any paid partisan public office.
8. Campaign literature distribution: A classified employee is prohibited from distributing partisan
campaign literature or material.
9. Nominating petitions: A classified employee is prohibited from initiating or circulating partisan
political nominating petitions.
10. Solicitation of political support: A classified employee is prohibited from canvassing a district or
soliciting political support for a party, faction, or candidate, either in person or writing.
LEGAL REFERENCES:
KRS 18A.140
KRS 61.080
Issue Advocacy
Employees are not prohibited from engaging in issue advocacy; however, employees are not permitted
to engage in issue advocacy on state time, using state resources, or in a manner that conflicts with
official duties.
Social Media
A State employee’s personal use of social media for political activity shall not be attributable to the
employee’s agency or the employee’s official job functions. Generally, an employee’s social media
activity is subject to First Amendment protections; however, any personal use of social media, including
use for political activity, must be conducted in a manner so that a reader would not be led to believe
the employee is speaking on behalf of their Agency employer, or that disrupts working relationships or
the normal operation of Agency business. If you reference your title or position of employment with a
state employer on your social media profiles, any information you post may be held to a higher level of
scrutiny.
Travel Regulations: Employees
If you travel on state business, your expenses may be reimbursed according to provisions of 200 KAR
2:006. This administrative regulation specifies in detail what types of transportation are acceptable
under what conditions; what costs for accommodations and meals are allowable; what receipts you
must obtain to document your expenses; what conditions determine whether or not you may be
reimbursed for expenses; and what forms you must use in order to have your expenses reimbursed.
Do not assume that your agency will reimburse all travel costs. You may contact a person in your
agency authorized to make such judgments, usually in your agency’s fiscal office, or review the
information available on the Finance and Administrative Cabinet’s website. You may find that your
agency has agency-specific requirements to authorize travel.
LEGAL REFERENCES:
200 KAR 2:006
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Use of Information Technology Resources
The following provides basic guidance on the appropriate use of Information Technology Resources in
association with your duties as an employee of the Commonwealth of Kentucky. Information
Technology Resources may include, but are not limited to the following:
Desktop, laptop, netbook and/or tablet computers, and their associated peripherals and media
Smart phones and cell phones
Commonwealth provided and/or developed software
Network resources including mainframe, wireless connectivity, Local and Wide Area Networks,
Internet access, servers, data storage and access, including cloud resources, etc.
Commonwealth-provided messaging applications; including email, instant messaging,
collaboration and communication tools, file and app sharing tools
Social media
Data
Summaries of the CIO Enterprise Policies associated with Information Technology Resources are listed
below. Refer to the Enterprise IT Policies website for a complete list of IT policies. Please click the
available links for more information. Agency-specific policies may be more restrictive than the ones
summarized here. HIPAA requirements relating to use of the Kentucky Human Resources Information
System (KHRIS) is one such example. Employees are expected to familiarize themselves with these
policies and document their understanding of the policies in writing when required prior to use of
Commonwealth Information Technology Resources. Failure to comply with these policies could result
in disciplinary action up to and including dismissal.
Employee/User Responsibilities
CIO-060 Acceptable Use Policy
State employees should use the Internet and email, when appropriate, to accomplish job
responsibilities more effectively and to enrich their performance skills.
Employees should have no expectation of personal privacy associated with email transmissions
and the information they publish, store, or access on the Internet using the Commonwealth’s
resources.
Employees should be aware that their conduct or information they publish could reflect on the
reputation of the Commonwealth. Therefore, professionalism in all communications is of the
utmost importance.
Employees who choose to use email to transmit sensitive or confidential information during the
execution of their job duties are required to encrypt such communications using an approved
product.
Incidental personal use of Internet and email resources is permissible, but not encouraged and
must adhere to the following limitations:
o It must not cause any additional expense to the Commonwealth
o It must be infrequent and brief
o It must not have any negative impact on the employee's overall productivity
o It must not interfere with the normal operation of the employee's agency or work unit
o It must not compromise the employee's agency or the Commonwealth in any way
o It must be ethical and responsible
Without specific prior approval, the following are examples of unacceptable and/or prohibited
use:
o Violations of the rights of any person or company protected by copyright, trade secret,
patent or other intellectual property, including but not limited to, the downloading,
installation or distribution of pirated software, digital music and video files.
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o Engaging in illegal activities or using the Internet or email for any illegal purposes.
o Using the Internet and email for personal business activities in a commercial manner such
as buying or selling of commodities or services with a profit motive.
o Using resources to actively engage in procuring or transmitting material that is in violation
of sexual harassment or hostile workplace laws.
o Using abusive or objectionable language in either public or private messages.
o Knowingly accessing pornographic sites on the Internet and disseminating, soliciting or
storing sexually oriented messages or images.
o Misrepresenting, obscuring, suppressing, or replacing a user’s identity on the Internet or
email. This includes the use of false or misleading subject headers and presentation of
information in the distribution of email.
o Employees are not permitted to use the email account of another employee without
receiving written authorization or delegated permission to do so.
o Employees are not permitted to forge email headers to make it appear as though an email
came from someone else.
o Sending or forwarding chain letters or other pyramid schemes of any type.
o Sending or forwarding unsolicited commercial email (spam) including jokes.
o Soliciting money for religious or political causes, advocating religious or political opinions
and endorsing political candidates.
o Making fraudulent offers of products, items, or services originating from any
Commonwealth account.
o Using official resources to distribute personal information that constitutes an unwarranted
invasion of personal privacy as defined in the Kentucky Open Records Act, KRS 61.870.
o Online investing, stock trading and auction services such as eBay unless the activity is
for Commonwealth business.
o Developing or maintaining a personal web page on or from a Commonwealth device.
o Use of peer-to-peer (referred to as P2P) networks.
o Any other non-business related activities that will cause congestion, disruption of
networks or systems including, but not limited to, Internet games, online gaming,
unnecessary Listserve subscriptions, Chat rooms, messaging services or similar Internet-
based collaborative services.
CIO-061 Social Media Policy
COT must approve any commercial use of Internet connections by agencies for which the
agency receives compensation. State agencies should avoid endorsing or promoting a specific
product or company on agency websites; however, the placement of acknowledgements,
accessibility, and certifications is acceptable.
Agencies and staff shall not use state IT resources to:
o Engage in inappropriate or unprofessional conduct;
o Engage in unapproved activities that may cause congestion or disruption of networks or
systems;
o Use an application or otherwise access the Social Media site owned by the Chinese
company ByteDance Limited or its successors commonly known as “Tik Tok,” on any
state-government issued device other than for a law enforcement purpose or other
exception specified in KRS Chapter 61.9307 as approved by the appointing authority;
o Access for personal use or operate personal Social Media accounts on state IT resources,
including, but not limited to, state-owned mobile devices such cellular phones or tablets,
and state-owned desktop or laptop computers;
o Connect unauthorized personal or state devices to the state network;
o Falsify state resources or content;
o Solicit money for religious or political causes or for illegal purposes.
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CIO-071 Wireless Voice and Data Services Policy
Wireless services and devices (such as cellular telephones) provided through your agency are
for official use.
The agency may allow an employee to use a personally owned wireless device for state business
if it is deemed to be in the best interest of the state.
Employees should avoid transmitting sensitive or confidential information over any wireless
network without approved security services or encryption tools.
Employees using wireless devices are responsible for securing them at all times. For example:
leaving wireless devices in an unattended vehicle should be avoided. All losses should be
reported to the agency wireless coordinator immediately.
State employees are prohibited from text messaging while driving government-owned vehicles.
Additionally, the Commonwealth does not encourage nor support the use of any mobile
communication devices while operating non-government owned motor vehicles. This includes
reading from or entering data into any hand-held or other electronic device for purposes such as
telephone calls, emailing, navigational information, text messaging or similar activities.
CIO-072 IT Access Control and User Access Management Policy
In addition to the requirements in this policy and ENT-201, the following required of employees and
contractors:
UserIDs must be individually owned by only a single individual responsible for every action
initiated by that account.
Passwords must be kept confidential and not shared with others or kept on paper unless securely
stored.
Users must refuse all offers by software to store credentials to allow for automatic login.
CIO-073 Anti-Virus Policy
Only software approved through the Kentucky Information Technology Standards (KITS) is
allowed to reside on Commonwealth owned computer resources.
If a virus-scanning program detects malware and/or a user suspects some type of virus infection
on a Commonwealth computer, the user must immediately stop using the computer and notify
the Commonwealth Service Desk.
If a home computer is authorized to access state resources, agencies and staff must ensure that
the computer meets the same malware protection standards as computers in the workplace.
CIO-090 Information Security Incident Policy
This policy identifies the necessity and procedures for agencies and COT to identify and notify
appropriate personnel when a security incident occurs.
Timely identification and notification of incidents allow COT and affected agencies to respond
expeditiously to information security threats against Commonwealth resources.
This policy also specifies events that may require special handling because of their potential
impact or special reporting due to regulatory or other concerns.
Kentucky Cybersecurity Law (KRS Chapter 61)
Personal Information Security and Breach Investigations (931-934) - Effective January 1, 2015
Statute 61.931 Definitions for KRS 61.931 to 61.934.
Statute 61.932 Personal information security and breach investigation procedures and practices
for certain public agencies and nonaffiliated third parties.
Statute 61.933 Notification of personal information security breach -- Investigation -- Notice to
affected individuals of result of investigation -- Personal information not subject to requirements
-- Injunctive relief by Attorney General.
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Statute 61.934 Personal information security and breach investigation procedures and practices
for legislative and judicial branches -- Personal information disposal or destruction procedures.
CIO-092 Media Protection Policy
Digital media covered by this policy include but not limited to: Physical electronic media used to
store information. (ex. diskettes, magnetic tapes, desktops, laptops, hard drives, random access
memory, read only memory, compact disks, network equipment, solid state and flash media).
Non-digital media covered by this policy include but are not limited to: hard copy or physical
representation of information. (ex. paper copies, printouts, printer ribbons, drums, microfilm,
platens).
Media shall be marked and stored in accordance with regulatory requirements.
During transport, media shall be protected and controlled outside of secured areas and activities
associated with transport of such media restricted to authorized personnel. Tracking methods
shall be developed and deployed to ensure media reaches its intended destination. If sensitive
information is transmitted via e-mail or other electronic means, it must be sent using approved
encryption mechanisms.
Media shall be physically controlled and securely stored in a manner that ensures that the media
cannot be accessed by unauthorized individuals. This may require storing media in locked
containers such as cabinets, drawers, rooms, or similar locations if unauthorized individuals
have unescorted access to areas where sensitive information is stored.
Enterprise Information Technology (IT) Contracts
The Commonweaht Office of Technology has entered into Enterprise IT Contracts on behalf of the
Commonwealth agencies. These contracts can be found on the More Information About Enterprise
Contracts page.
Security Awareness Training
All employees are required to complete Security Awareness training. This online course is available
within MyPURPOSE, with details available on the Personnel Cabinet’s website under
Resources/Training and Development/Employees/HR. Please also be aware that inclusion of
unprofessional photographs, favorite quotations, and excessive customization of fonts/backgrounds in
email is prohibited.
Work Schedules
State employees are expected to adhere to their assigned work schedule. A full-time employee shall
be required to work 37 ½ hours per week (some employees regularly work 40 hours a week) unless
specified otherwise by the Appointing Authority or the Statutes. The typical workweek runs Monday
through Friday, 8:00 a.m. till 4:30 p.m., with reasonable time off each day for lunch pursuant to KRS
337.355. You are also entitled to rest breaks according to KRS 337.365.
Agency managers have discretion in deciding what work hours best meet the needs of a particular
workplace. If you work in a state hospital or correctional facility, for example, you may work a different
shift than your office counterparts. Your lunch period may be less than an hour if it is necessary for staff
to rotate to provide continuous coverage.
Another area of discretion is flextime scheduling. An agency may offer some or all its employees the
opportunity to design their own work schedules. Usually, agencies operating under flextime require that
their employees work certain core” hours during each day to ensure that there is a steady flow of work
during the peak hours when services are most needed.
Time Reporting
Employees are expected to accurately record and report their work time. This includes hours worked
and leave time taken. The timesheet should be reflective of the actual time. For example, if an employee
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is required to work through lunch and then is allowed to leave work early that day, the timesheet should
show compensatory time earned for the lunch period, and leave time taken that afternoon. In addition,
supervisors are also required to verify the timesheet before approving. Please remember that
falsification of records relating to time, including omission of overtime worked, is a violation of state law.
Unless otherwise authorized by their supervisor or Human Resources Office, employees must finalize
and submit their timesheets for review by their supervisor no later than two (2) business days following
the close of the pay period. Failure to do so may result in a delay of pay or inaccurate payment of hours
worked.
All employees are required to complete Accurate Time Reporting training. This online course is
available within MyPURPOSE, with details available on the Personnel Cabinet’s website under
Resources/Training and Development/Employees/HR.
LEGAL REFERENCES:
KRS 337.355
KRS 337.365
KRS 18A.145
EMPLOYEE SERVICES/RECOGNITION
Communications
The Personnel Cabinet utilizes multiple tools to communicate with employees. These include:
Social Media: Facebook, Twitter, and LinkedIn
o The Personnel Cabinet maintains accounts with both of these media outlets and
frequently posts special job announcements, health insurance information, and other
important news.
Personnel Cabinet website
o Important information can be found on every page; however, the main screen contains a
rotating message bar that provides information on current events and time sensitive
matters.
KHRIS Employee Self-Service
o The welcome screen includes an advertisement tile containing important information and
announcements from the Personnel Cabinet and other state agencies.
MyPURPOSE
o The bottom of the welcome screen includes an advertisement space containing important
information and announcements from the Personnel Cabinet and other state agencie
Email is another communication tool utilized as needed. If you have an active email address in the
Kentucky Human Resource Information System (KHRIS), please watch for emails from Personnel
Cabinet Correspondence (PersCab.C[email protected]), Kentucky Personnel Cabinet
([email protected]ucky.gov), as well as [email protected]v. If you do not have an active email
address in KHRIS, your agency should ensure that these communications are shared with you timely
and as needed.
For information on emergency communications, please see Workplace / Executive Branch Emergency
Preparedness and Communications.
Kentucky Employee Suggestion System (KESS)
All employees with status in the classified service (merit employees) or an employee governed by KRS
Chapter 16 may be recognized and rewarded for submitting suggestions that result in the improvement
of state service or in the realization of financial savings by the state. Employees in the unclassified
service (non-merit) are not eligible.
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Cash awards are given when a suggestion has been implemented by an agency and approved. The
suggestions must result in cost reductions or cost avoidance; or consist of ideas that would improve
the operations of a process or program, public relations, safety or effectiveness of operations. Awards
range from $100 minimum to ten percent (10%) of the first year’s documented or estimated savings,
up to a maximum of $2,500.00. A $100.00 award may be given for ideas that have intangible savings.
Information about the Kentucky Employee Suggestion System is available on the Kentucky Personnel
Rewards and Recognition website. It’s accessible through KHRIS Employee Self-Service (ESS) using
a link on that same site or by logging into the KHRIS portal and clicking on the Kentucky Employee
Suggestions System tab.
LEGAL REFERENCES:
KRS Chapter 16
KRS 18A.110
101 KAR 2:120
Kentucky Employees Charitable Campaign (KECC)
Each year the Personnel Cabinet administers the Kentucky Employees Charitable Campaign to all
employees who receive their pay through the Commonwealth of Kentucky. (This is not limited to KRS
Chapter 18A employees.) The purpose of this campaign is to raise funds for a number of state charities.
Campaign pledging typically runs through the end of the calendar year, and pledges made for payroll
deduction begin with the first pay received in January and continue through the last pay received in
December. Accordingly, your donations to a specific charity may not be fully delivered to the recipient
charity until the following calendar year after the close of the deduction year.
Through KECC, you also have the ability to donate to any write-in charity of your choice. Please be
advised, however, that $0.10 of each $1.00 donated to a write-in-charity is withheld to cover the cost
of processing write-in designations. If a write-in organization does not qualify as a non-profit
organization fulfilling all requirements, or if KECC is unable to locate them by the given address, the
donation will be shared by the state-approved charities.
Refer to the KECC website for more information, or contact your human resource administrator for
information about making a donation.
LEGAL REFERENCES:
101 KAR 6:020
Kentucky Human Resource Information System (KHRIS): Self-Service Center
KHRIS is the Commonwealth of Kentucky’s human resources system. It is managed by the Personnel
Cabinet and used by human resource administrators to input and maintain employee human resource
information. Employee Self-Service (ESS) and Manager Self-Service (MSS) are features of KHRIS,
available through the internet, that allow employees and managers access to review and maintain
certain information.
Employee Self-Service (ESS): This feature allows employees to complete some human
resource tasks on their own. This includes enrolling in direct deposit, accessing salary
statements and tax documents, completing open enrollment for health insurance and more.
Manager Self-Service (MSS): This feature is available to managers and provides a single
access point for completing managerial tasks.
Tutorials can be accessed on the Personnel Cabinet’s website under Resources/Training and
Development/KHRIS. Access the KHRIS Employee Self-Service (ESS) by logging in.
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MyPURPOSE
MyPURPOSE is the Commonwealth of Kentucky’s talent management system. It is managed by the
Personnel Cabinet and used by all employees to access the following features and more.
Jobs: Internal employees can review, apply/monitor application statuses, and even refer friends
to open opportunities.
MyCOMMUNITY: Depending on your job or your agency’s use of this feature, you may have
access to participate in group discussions in a forum-style environment.
Learning: CommonwealthU provides access to more than 1,000 online courses, as well as
instructor-led training opportunities.
Performance: MyPERFORMANCE transitions the Employee Performance Management System
to an electronic process.
Training and Development Services
Professional growth and development opportunities are available for employees and managers through
the programs and services of the Governmental Services Center (GSC). The Governmental Services
Center (GSC) is responsible for the development, coordination, and implementation of all training,
employee development, and related programs conducted on behalf of the Executive Branch.
Training and Consulting Services
GSC offers a curriculum of workshops provided in classroom and online platforms. The management
development curriculum includes topics such as fundamental and advanced leadership skills,
managing under the merit system, managing employee performance, and the best practices in the
hiring and selection process. The employee development curriculum includes topics such as
interpersonal skills, problem solving, and other courses for development of the employee. GSC classes
are open to ALL employees. The only registration restrictions that apply are class pre-requisites. For
any class with a pre-requisite class note, you MUST take or be enrolled in the pre-requisite before you
can be enrolled in the class. If there is a suggested order in which to take classes in order to get the
most out of your workshop, you should take the suggested class first. GSC also provides a variety of
consulting services to state Cabinets and agencies. GSC staff is available to provide customized
services and training to meet specific organization needs.
Agency Training Administrators
To facilitate communication with employees about the services provided by GSC, each agency provides
a training administrator as a communication link and to assist employees by providing information and
enrolling them in classes. Agencies have different request and approval procedures. Please check with
your agency administrator for the process in your agency.
Training Schedule
The GSC training schedule is prepared quarterly and class schedules are prepared about six months
in advance. Agency liaisons also always have access to the most up-to-date schedule information.
Schedules, course descriptions, and other helpful information can be found at the GSC website.
Educational Achievement Award
On the 16th of a month, an appointing authority may grant a five (5) percent increase to an employee's
base salary based on educational achievement, as follows:
Postsecondary education or training:
o The employee has completed 260 hours of job-related instruction (or the equivalent as
determined by the Secretary of Personnel);
o The employee began the course work after becoming a state employee and completed
the course work after establishing an increment date;
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o The employee has completed the course work within five (5) years of the date on which
it was begun;
o The course work has not previously been applied toward an educational achievement
award;
o The agency has not paid for the course work or costs associated with it, in whole or in
part; and
o The employee was not on educational or extended sick leave when the courses were
taken.
High school diploma, high school equivalency certificate, or passing score on the GED test:
o Outside of work hours;
o While in state service;
o On or after January 1, 1984;
o The employee has not previously attained a high school diploma, equivalency certificate,
or passing score on the GED test; and
o The employee has not completed college coursework on the undergraduate or graduate
level prior to obtaining the high school diploma, equivalency certificate or a passing score
on the GED test.
An agency may elect not to participate in the educational achievement program if sufficient funds are
not available.
An employee shall not receive more than one (1) educational achievement award in a fiscal year.
An employee shall not receive an educational achievement award and an adjustment for continuing
excellence (ACE) based on the same training.
By submitting a personnel action to grant an educational achievement award, the appointing authority
shall certify that all of the qualifying conditions established by this section for the appropriate type of
educational achievement award have been met.
Employee Educational Assistance
Employee Educational Assistance is a benefit to both the employee and to the Commonwealth of
Kentucky. The program provides financial assistance to employees to continue their formal education,
which results in an improved workforce and helps the employee achieve his or her individual career
goals. Educational assistance generally is provided for formal education programs that are taken on
the personal time of the employee. All cabinets and agencies are encouraged to participate in this
program.
Specific policy information is available on the Personnel Cabinet’s website.
LEGAL REFERENCES:
101 KAR 2:034
101 KAR 2:221
EMPLOYEE RELATIONS
Appeals to the Personnel Board
Classified employees who have been dismissed, demoted, suspended without pay, or involuntarily
transferred, and unclassified employees who have been dismissed, demoted, suspended without pay,
or involuntarily transferred for cause, may appeal to the Personnel Board within thirty (30) calendar
days of the action. KRS 18A.095 explains the procedures for filing and hearing appeals. Additional
information is contained in 101 KAR 1:365.
You may obtain an employee appeal form from the Personnel Board.
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LEGAL REFERENCES:
KRS 18A.095
101 KAR 1:365
Grievance Process
Occasionally classified employees are faced with situations that cannot be resolved through informal
complaint processes. In such cases, the employee may wish to file a formal grievance with his or her
agency. The employee grievance procedure, set forth in 101 KAR 1:375, allows many serious matters
to be resolved in-house through a formal structure designed to save employees and their agencies both
time and unnecessary effort.
A grievance is a complaint filed by an employee which concerns some aspect of his or her conditions
of employment over which the employee’s cabinet or agency has control and which has occurred or of
which the employee has become aware, through the exercise of due diligence, within thirty (30) days
prior to filing.
Any grievance concerning an action which is appealable directly to the Personnel Board under KRS
18A.095 may also be filed with the cabinet or agency. The filing of a grievance with the cabinet or
agency does not prohibit the employee from also filing an appeal with the Personnel Board, or extend
the statutory appeal period.
An employee utilizing this procedure is entitled to file a grievance without interference, coercion,
discrimination, or reprisal.
An appointing authority must inform its employees of the provisions of 101 KAR 1:375, the
administrative regulation governing the grievance process, or any modifications in the levels of review
that have been approved by the Personnel Board for the employee's cabinet or agency under that
administrative regulation.
The Secretary of the Personnel Cabinet provides to employees, through their appointing authorities, a
Grievance Form to be used for filing a grievance. Grievance forms may also be inspected, copied or
obtained at the Personnel Board, 1025 Capital Center Drive, Suite 105, Frankfort, Kentucky 40601,
8:00 a.m. to 4:30 p.m., Monday through Friday.
Procedures
A grievance is to be filed with an employee's immediate supervisor within thirty (30) days following
occurrence or the employee becoming aware, through the exercise of due diligence, of the action that
is the subject of the grievance. If the action or conduct of the first line supervisor is the basis of an
employee's grievance, the grievance may be filed with the second line supervisor.
An employee must state in writing the basis of the grievance or complaint together with the corrective
action desired. If an employee wishes to submit additional information or documentation, it should be
attached to the Grievance Form.
If a grievance is filed that alleges discrimination on the basis of race, color, sex, disability, age, national
origin, religion, sexual orientation, gender identity or expression, pregnancy or related medical
condition, marital or familial status, ancestry, political affiliation, genetic information, or veteran status,
the recipient of this grievance must immediately notify the cabinet or agency EEO Coordinator to apply
the affirmative action plan.
Interviews to evaluate or investigate the grievance outside of normal work hours with the grievant or
other employees entitle them to compensatory time.
Interviews to evaluate or investigate the grievance held with the grievant or other employees during
normal work hours do not require the use of leave time.
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The grievant may have a representative present at each step of the grievance procedure.
Grievance Levels
The person with whom the grievance is filed shall, upon investigation, issue findings and a decision in
writing to the employee within ten (10) workdays after receipt of the grievance. If the responding
supervisor is unable to resolve the complaint to the satisfaction of the employee, the employee may
request review of the grievance within five (5) workdays of receipt of the decision to the next appropriate
level.
The next line supervisors shall each have five (5) workdays to respond to the grievance. The employee
shall have five (5) workdays after each intermediate supervisory review to decide to appeal the
grievance to the next level.
If the line supervisors are unable to resolve the grievance to the satisfaction of the employee, the
employee may request review of the grievance within five (5) workdays of receipt of the decision of the
final line supervisor by the appointing authority who, upon investigation, shall issue findings and a final
determination in writing to the employee within twenty (20) workdays.
Unless the time limits have been extended by agreement of the parties, failure of supervisory or
management personnel to respond within prescribed time limits shall automatically advance the
grievance to the next review level.
Any intermediate grievance level may be waived by written agreement of the parties.
Please be advised that the Executive Branch Ethics Commission has opined that it is a violation of the
KRS Chapter 11 Executive Branch Code of Ethics for an employee to utilize state government office
equipment, supplies, telephones, or state time to file or advance a grievance, appeal, or complaint.
LEGAL REFERENCES:
101 KAR 1:375
Kentucky Employee Assistance Program (KEAP)
The Kentucky Employee Assistance Program (KEAP) is dedicated to helping employees and their
dependents find solutions to the personal problems that may hinder their effectiveness at work.
Family issues, emotional distress, substance misuse, financial concerns or job stress challenges can
seriously diminish an individual's job performance. The Commonwealth of Kentucky recognizes that
there are positive, workable solutions to many of these problems that trouble employees.
State employees and their dependents are eligible for KEAP services. There is no cost for its
information or referral services. All of your contact with KEAP is confidential as required by state and
federal law. Employee involvement with KEAP is permitted on state time with the supervisor's prior
approval. Supervisors may refer employees to KEAP when job performance deteriorates, however
participation is voluntary.
If you or your dependents could benefit from this assessment and referral service, call the KEAP office
for more information. Call (502) 564-5788, or use the toll-free 1 (800) 445-KEAP number. Kentucky
State Police also has an Employee Assistance Program.
Employee Assistance Branch (KEAP)
Kentucky State Office Building
501 High Street
Frankfort, KY 40601
Phone: (502) 564-5788 or (800) 445-5327
LEGAL REFERENCES:
101 KAR 2:160
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Kentucky Employee Mediation Program (KEMP)
Mediation is a form of dispute resolution where neutral mediators facilitate a meeting between parties
in conflict and help them reach an agreement that is acceptable to both parties. The mediators do not
take sides, make decisions, nor advocate certain solutions.
The Kentucky Employee Mediation Program (KEMP) helps employees resolve disputes with their co-
workers and their supervisors and appeals from the Personnel Board. The goal of the program is to
help employees and supervisors deal with problems in the workplace.
KEMP is a voluntary service, and is available to all Executive Branch employees free of charge.
Employees are not required to use leave time to attend mediation when the employee has obtained
prior approval from his/her supervisor. Mediation sessions usually take approximately three (3) hours
to complete. Either the employee or the supervisor may request mediation services. Mediation does
not replace other avenues of dispute resolution which are available to state employees, such as
grievances and Personnel Board appeals.
For more information or to schedule a mediation, contact the KEMP Coordinator at (502) 564-6618.
LEGAL REFERENCES:
101 KAR 2:230
Workers' Compensation
Executive Branch employees are covered under Kentucky Workers’ Compensation law pursuant to
KRS Chapter 342. If you are injured on the job, you must report the injury as soon as possible to your
supervisor. Supervisors or their designees, are responsible for completing the Employer’s First Report
of Injury or Illness within three (3) working days. Agencies (with the exception of the Transportation
Cabinet) may complete the First Report of Injury online. Employees with the Transportation Cabinet
should contact their human resources office for questions regarding their reporting process.
If your claim is approved, your necessary medical expenses will be paid and where applicable, part of
your salary will be paid. Workers’ Compensation income benefits are 66 2/3% of your average weekly
salary, up to the state maximum as set forth by the Department of Workers’ Claims. You may use your
accumulated leave to keep your regular salary. If you choose to use your paid accumulated leave, your
Workers’ Compensation income benefits must be remitted back to the state for whatever time you
receive paid leave. Your accumulated leave will be reinstated to the extent that Worker’s Compensation
income benefits are remitted. You may not receive and keep paid accumulated leave and Worker’s
Compensation income benefits for the same period of time. Refer to 101 KAR 2:140 Section 4.
Most injuries are preventable if employees remain safety-conscious. Review the Safety section
included in this handbook or contact the Kentucky Safety Program and Workers’ Compensation Branch
at (502) 564-6847 for additional information.
LEGAL REFERENCES:
KRS Chapter 342
101 KAR 2:140
WORKPLACE
Dress Code
As the Commonwealth’s largest employer, our workforce interacts with the public and other government
entities on a daily basis. Employees, as representatives of the Commonwealth, should maintain a neat,
professional appearance that is appropriate for the workplace and the work being performed.
Employees shall adhere to the following guidelines:
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Employees shall carry or wear employee identification badges or other agency-identifying
clothing;
Flip-flops shall not be worn in the workplace;
Employees shall not wear tops exposing their midriff;
Employees shall not wear tops with oversized/large commercial logos or offensive language;
Reasonable accommodations to this policy may be granted for religious, medical, or disability
related needs;
An employee seeking an accommodation should contact the agency’s Human Resource office.
The Personnel Cabinet recognizes that individual workplaces have unique needs and requirements.
Therefore, agencies are responsible for ensuring that their employees are aware of this policy in
addition to any other policy that may exist for the agency. Any employee found in violation of the policy
will be required to take corrective action, which may include leaving the work premises, and may be
subject to disciplinary action, up to and including dismissal.
Alcohol and Drug Use/Drug-Free Workplace/Substance Abuse Assistance
The use of alcohol or controlled substances while engaged in state business or on state premises is
strictly prohibited. Reporting to or returning to work, either during or outside normal business hours, in
an impaired condition due to the consumption or use of alcohol, prescription drugs, or controlled
substances will not be tolerated, and may be subject to disciplinary action, up to and including dismissal.
The appropriate use of legally prescribed drugs (including the use of Medical Cannabis as permitted
by Executive Order No. 2022-798 and/or permitted by Senate Bill 47 (Regular Session 2023) and non-
prescription medication is not prohibited. However, agencies that actively utilize testing for the use of
alcohol and/or controlled substances may, at their discretion or as required by federal law, impose a
more stringent substance use policy, up to and including a zero-tolerance policy. Any employee
considering the use of Medicinal Cannabis, cannabidiol (CBD), and/or any supplements or other
products that have not been approved by the U.S. Food and Drug Administration should consult with
their agency human resources office prior to using those products.
To the extent that the use of a legally prescribed substance is not prohibited by law or agency policy, it
is the employee’s responsibility to inform the physician of the employee’s job duties and determine from
the physician, or other health care professional, whether or not the prescribed drug may impair the
employee’s job performance or mental or motor function. Employees are also required to report the use
of medically authorized drugs or other substances that may impair job performance or mental or motor
function to his/her supervisor and provide proper written medical authorization to work from a physician.
Failure to report the use of such drugs or failure to provide proper evidence of medical authorization
may result in disciplinary action.
Employees needing reasonable accommodation due to a disability, including the effects of medication
taken for the disability, should contact the agency’s Human Resource office.
Additionally, the federal statute governing drug-free workplace requirements for federal grant recipients
requires recipients of federal funds to certify that they have met requirements designed to promote a
drug-free workplace (41 U.S.C. § 8103). In compliance with this Act, and at the discretion of the
Governor, all state employees are notified that:
The unlawful manufacture, distribution, dispensation, possession or use of any controlled
substance is strictly prohibited in the workplace.
Employees may be required to satisfactorily participate in a drug abuse assistance or treatment
program.
State-supported health insurance provides coverage for employees referred to or seeking
treatment for drug and alcohol related problems.
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Compliance with drug-free workplace requirements is a condition of continued employment with
the Executive Branch. Each employee is obligated to report any conviction he or she receives
as a result of a violation of any criminal drug statute occurring in the workplace within five (5)
days of such conviction. Such a report is to be made to the employee’s Appointing Authority and
is required by federal law. Failure of any employee to report his or her conviction to the
appointing authority may result in disciplinary action. The agency is obligated to report such
conviction to the federal grantor within ten (10) days after it receives notice.
Employees found to be in violation of drug-free workplace requirements may face disciplinary
action up to and including dismissal.
Employees who have questions concerning the above directives are encouraged to contact their
supervisor or agency Human Resources office.
Employees who need assistance with substance misuse issues are encouraged to contact the
Kentucky Employee Assistance Program at (502) 564-5788. Refer to the Personnel Cabinet’s
Substance Abuse website for more information.
LEGAL REFERENCES:
KRS 18A.043
41 U.S.C. § 8103
Drug Testing
Some Executive Branch employees may be subject to drug testing. Employees should consult with
their agency’s human resources office to determine the applicability of drug testing.
Employees subject to drug testing should refrain from consuming supplements or other products that
have not been approved by the U.S. Food and Drug Administration. For instance, some consumable
products that are labeled as containing cannabidiol (CBD) may also contain chemical compounds
whose presence could cause an employee to fail an employer’s drug test.
HIV and AIDS in the Workplace
What you should know about HIV and AIDS.
HIV and the Workplace
The impact of the HIV/AIDS epidemic continues to affect the workplace. Since the beginning of the
epidemic in 1982, most Kentuckians were 30-39 years of age at the time of HIV diagnosis. However,
in recent years, the highest rates of new HIV diagnosis have occurred in Kentuckians aged 20-29. Many
persons with HIV are diagnosed early in their working careers, which may negatively impact career
paths and the workforce. Due to advances in antiretroviral therapy, with proper care and treatment,
people are living healthier, longer lives and continue to contribute their skills and talents to America’s
labor force.
What is HIV?
HIV stands for human immunodeficiency virus. HIV is spread through blood and certain body fluids.
The virus affects specific cells of the immune system and can destroy cells over time so the body can’t
fight infections and disease due to weakened immunity. There is no cure for HIV, but antiretroviral
therapy can control HIV. HIV mediation can successfully reduce the amount of virus in the body to
undetectable levels and allow the individual to live a longer and healthier life.
What is AIDS?
Infection with HIV can lead to acquired immunodeficiency syndrome, or AIDS, especially if the infection
is not diagnosed and treated early. AIDS can be a life-threatening illness that causes the body of a
person to be unable to fight infections. A person with AIDS is susceptible to certain types of infections
and AIDS related cancers. These infections and cancers can result in death.
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Stages of Infection:
Acute infection within 2 to 4 weeks after infection with HIV. The ability to spread HIV is highest
during this stage because the amount of virus in the blood is very high.
Chronic infection HIV is active, but reproduces at very low levels. A person may not have
any symptoms or get sick.
AIDS the immune system of the infected person is badly damaged, so the person becomes
vulnerable to infections and infection-related cancers called opportunistic infections.
Testing: Early diagnosis of HIV infection is critical! Everyone should be tested for HIV, more frequently
if engaging (or with a partner who engages) in risky sexual or needle-sharing behaviors. Confidential
and anonymous testing with counseling is available at all local health departments in Kentucky at
reduced cost or free. Additionally, HIV self-testing is a private, accurate way to test at home for HIV.
Self-tests can be purchased at some pharmacy retail locations and national programs provide free
tests. After being infected with HIV, it takes between 2 weeks to 3 months before testing can detect
antigens and/or antibodies to the virus. If you test positive, your health care provider can help you
determine the best treatment for you to remain healthy. Antiretroviral therapy has proven to prolong the
lives of many people infected with HIV and lowers their chance of infecting others to nearly zero.
How is HIV spread?
Sexual contact (oral, rectal, or vaginal intercourse) with an infected person who is not on effective
antiretroviral therapy when blood, pre-seminal fluid, semen, rectal or cervical/vaginal secretions
are exchanged.
Sharing drug injection equipment with someone who is infected (for example, syringes, needles,
cotton, cookers and other drug injecting equipment).
Receiving contaminated blood or blood products (very unlikely now because blood used for
transfusions has been tested for HIV antibodies since March 1985).
An infected mother can pass HIV to her unborn child before or during childbirth, and through
breast-feeding. With effective treatment for the mother, the risk of transmission can be reduced
to 1% or less.
Receipt of transplant, tissue/organs, or artificial insemination from an infected donor (very
unlikely due to testing protocols).
Needlestick or other sharps injury in a health care setting involving an infected person. If stuck,
infections can sometimes be prevented by taking post-exposure prophylaxis (PEP), antiretroviral
medication.
You cannot get HIV through casual contact, such as:
Sharing utensils, glasses, or plates.
Touching someone who is infected with HIV.
Hugging or shaking hands.
Donating blood or plasma (this has NEVER been a risk for contracting HIV).
Using public restrooms, drinking fountains, or tanning beds.
Being bitten by mosquitoes or other insects.
How can HIV be prevented?
Do not share drug injecting equipment. If you inject drugs, go to a syringe services program
(offered by many local health departments in Kentucky).
Strategies such as abstinence; limiting the number of sexual partners; using latex condoms
(rubbers), female condoms or dental dams, and water-based lubricant every time you have sex;
and knowing your partners’ HIV status and drug use helps prevent HIV transmission.
People who do not have HIV but who are at substantial risk of infection can prevent HIV infection
through pre-exposure prophylaxis (PrEP). When someone is exposed to HIV through sex or
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injection drug use, these medicines work to keep the virus from establishing a permanent
infection. When taken consistently, PrEP has been shown to reduce the risk of HIV infection
from sex by approximately 99% and among persons who inject drugs by at least 74% when
taken as prescribed. PrEP is much less effective if it is not taken consistently.
If you have been potentially exposed to HIV, contact a health care provider as soon as possible
for PEP. PEP is medication that can be used within 72 hours in emergency situations to reduce
the likelihood of getting HIV.
Educate yourself and others about HIV infection and AIDS.
Talk to your health care provider if you think you may have been infected with HIV.
Always treat all bodily fluids as potentially infectious (i.e., adhere to universal precautions).
Women and HIV/AIDS
Kentucky females are most likely to contract HIV/AIDS from sex with an infected man or through
injection drug use. HIV can be spread through body fluids (i.e., blood, semen, vaginal and rectal
secretions, and breast milk). Pregnant women should be tested for HIV at the beginning of pregnancy
and again later in the pregnancy if at high-risk.
IF YOU NEED MORE INFORMATION CALL:
Kentucky HIV/AIDS Program (502) 564-6539
National HIVinfo 1 (800) HIV-0440
Your local health department
LEGAL REFERENCES:
KRS 18A.030 (5)
Executive Branch Emergency Preparedness
In order to provide a safe environment for all employees and visitors, the Executive Branch, and your
agency specifically, works to ensure plans are in place to prepare for and address emergency situations
(i.e., active shooter, bomb threats, etc.). Help support these efforts by staying up-to-date on emergency
procedures, actively participating in scheduled drills/exercises, and remaining alert and aware of your
work environment. Always report any suspicious observations to your supervisor. As agencies share
reminders on internal plans and reporting procedures, be aware of your individual responsibilities in the
event of an emergency. Please review the Executive Branch emergency preparedness flyer here.
In addition to the use of audiovisual alerts systems (i.e., wall mounted red boxes with strobe lights and
intercom systems) installed within our Executive Branch buildings, the Commonwealth of Kentucky
provides emergency communications to state employees through the following:
Email from “Kentucky Personnel Cabinet” sent through a service called GovDelivery, emails
are delivered to those employees with a work email address maintained in the Kentucky Human
Resource Information System (KHRIS).
Microsoft Teams Application - displays on screen to those devices provisioned by and on a
network managed by the Commonwealth Office of Technology.
Omnilert a system that allows for simultaneous emergency mass notifications to employees
using mobile device text messaging (SMS), email, and pop-up desktop workstation alerts.
Kentucky Safety Program
The purpose of the Kentucky Safety Program is to develop and promote a healthy and safe working
environment for the state’s most valuable assets, its employees. The Kentucky Safety Program,
working through the Executive Safety Advisory Committee (“ESAC”), educates state employees on
preventative measures, procedures, and practices to reduce work-related accidents by identifying
potential hazards and dangers before an injury occurs. Information on the Kentucky Safety Program
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can be found in the Kentucky Safety and Health Manual and is also located on the Personnel Cabinet’s
website. Employees are responsible for acting in compliance with all safety rules, procedures, and
practices for which they have been trained and as outlined in the Manual. Additionally, employees are
required to exercise good safety judgment in the course of their work performance to prevent accidents
and injuries to themselves and others.
LEGAL REFERENCES:
101 KAR 2:150
Pregnant Workers
The 2019 Pregnant Workers Act amended the Kentucky Civil Rights Act to expressly prohibit
employment discrimination in relation to an employee’s pregnancy, childbirth, and related medical
conditions. Employers must make reasonable accommodations for any employee with limitations
related to pregnancy, childbirth, or a related medical condition who requests an accommodation,
including but not limited to:
More frequent or longer breaks;
Time off to recover from childbirth;
Acquisition or modification of equipment;
Appropriate seating;
Temporary transfer to a less strenuous or less hazardous position;
Job restructuring;
Light duty;
Modified work schedule; and
Private space that is not a bathroom for expressing breast milk.
The Pregnant Workers Act also creates the first lactation accommodation requirement in Kentucky,
defining related medical condition to include lactation or the need to express breast milk. As noted
above, the new law requires employers to provide space, other than a bathroom, for their nursing
employees to express breast milk. Employees are also protected against pregnancy-based
discrimination and harassment at work under federal law.
Please contact your supervisor or your agency’s Human Resources representative with any questions
concerning the Pregnant Workers Act.
LEGAL REFERENCES:
KRS 344.030-.110
Tobacco-Free Policy
Effective November 20, 2014 and pursuant to Executive Order 2014-747, the use of tobacco, any
tobacco product, and any electronic cigarette or vaping device is prohibited on any and all properties
owned, leased or contracted for use by the Executive Branch of the Commonwealth of Kentucky,
including but not limited to all buildings or portions of buildings, land and vehicles owned, leased or
contracted for use by agencies of the Executive Branch of the Commonwealth of Kentucky over which
the Finance and Administration Cabinet has control. For questions regarding this policy and how it
applies to your agency and/or work location, please contact your human resource administrator.
LEGAL REFERENCES:
Tobacco-Free Website
EO 2014-747
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Violence in the Workplace
The Commonwealth of Kentucky does not tolerate any actions that threaten its employees. Workplace
violence shall be prohibited and shall include: (a) The attempted, threatened, or actual conduct of a
person who endangers or is likely to endanger the health and safety of state employees or the general
public; or (b) A threatening statement, harassment, or behavior that gives a state employee or member
of the general public reasonable cause to believe that his health or safety is at risk.
Examples of prohibited workplace violence shall include, but are not limited to: (a) Threats of harm; (b)
Brandishing or displaying a weapon or an object that looks like a weapon in a manner that would
present a safety risk to a state employee or a member of the general public or threatens or intimidates
them; (c) Intimidating, threatening, or directing abusive language toward another person, either
verbally, in writing or by gesture; (d) Stalking; (e) Striking, slapping, or otherwise physically attacking
another person; or (f) Disobeying or failing to follow the reasonable directive of a supervisor to take
action or cease actions that create a risk to the health or safety of a state employee or the public or
threatens or intimidates them.
All instances of workplace violence are to be immediately reported to supervisors. If the employee’s
supervisor is unavailable or is the subject of the action at issue, the employee shall immediately bring
the incident to the attention of their second-line supervisor. The supervisor or second-line supervisor
should contact building security or law enforcement where appropriate. Employees should contact their
agency Human Resources administrator for specific directives. Reports of prohibited conduct shall be
investigated and may constitute grounds for disciplinary action and referral for criminal prosecution.
LEGAL REFERENCES:
101 KAR 2:095