RELATES TO:

KRS 61.371-61.379, 413.160

STATUTORY AUTHORITY:

KRS Chapter 13A, 61.379

NECESSITY, FUNCTION, AND CONFORMITY:

KRS 61.379 requiresdirects the Personnel Board to promulgateadopt administrative regulations to carry out the provisions of KRS 61.371 throughto 61.379. This administrative regulation establishes the procedure for employment restoration following military duty.This administrative regulation will replace 101 KAR 1:390 which includes repetition of statutory language which is being repealed.

1. Section 1. Restoration from Military Duty.

   1. (1) If an employee advises the employee'stheirhis employer that the employee isthey arehe is leaving theirhis position to perform military duty, the employer shall advise the employee in writing of the employee'stheirhis rights under KRS 61.371 throughto 61.379.
   2. (2) An employee who returns from military duty and is denied restoration of employment shall be advised in writing of thesuch denial by the employer.
   3. (3) The required notice of denial by the employer shall include the employee's right to appeal to the Kentucky Personnel Board state personnel board within the time limits establishedprescribed by KRS 413.160.
   4. (4) Appeals filed under this section shall be heard by the Board board pursuant to 101 KAR 1:365.

History

(15 Ky.R. 1724; Am. 2009; eff. 3-8-1989; 48 Ky.R. 1230, 2195; eff. 5-3-2022.)

FILED WITH LRC: January 10, 2022

CONTACT PERSON: Stafford Easterling General Counsel, Personnel Board, 1025 Capital Center Drive, Suite 105, Frankfort, Kentucky 40601, phone (502) 564-7830, fax (502) 695-5799, email stafford.easterling@ky.gov.