Current through Register Vol. 50, No. 6, December 1, 2023
RELATES TO: KRS 12.050, 151B.035, 151B.085
NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035(1) requires
the executive director of the Office of Career and Technical Education to
promulgate administrative regulations establishing personnel policies and
procedures for all full-time and part-time unclassified employees, certified
and equivalent staff, including administrative, teaching, and supervisory staff
in the Office of Career and Technical Education central office and state
operated vocational facilities. This administrative regulation establishes the
method for determining an employee's work station and the requirements
governing employee actions.
Section 1.
Definition. "Work station" means the:
(1)
(a) Official work station of an employee
assigned to an office; and
(b)
Street address where the office is located; or
(2)
(a)
Official work station of a field employee; and
(b) Street address to which the employee is
assigned upon appointment to the employee's
position.
Section
2. Employee Work Stations.
(1)
Each employee shall be assigned to a work station by the appointing authority
or designee.
(2)
(a) A work station may be changed to better
meet the needs of the agency.
(b)
An employee may be temporarily assigned to a different work station in a
different county for a period of up to sixty (60) calendar days, provided that
the employee is reimbursed for travel expenses, in accordance with 200 KAR 2:006, and the appointing authority or designee notifies the employee in
writing prior to the effective date of the action.
(c) The appointing authority or designee may
assign an employee to work in a different site within the county of
employment.
Section
3. Promotion.
(1) A vacancy may
be filled by promotion if practical and in the best interest of the
service.
(2)
(a) A continuing status employee promoted
from the certified and equivalent personnel system shall retain status in the
certified and equivalent system.
(b)
1. If
upon reversion a vacancy does not exist in the position of the former class,
then status pertaining to layoff shall apply.
2. The employee shall be considered for
employment in any vacant position for which the employee is qualified pursuant
to KRS 151B.085(3).
Section 4. Demotion.
(1)
(a) An
employee may request a voluntary demotion in writing from the appointing
authority or designee.
(b) A copy
of the request shall be placed in the employee's official file.
(2) The executive director may
make an involuntary demotion if necessary to further the best interest of the
department.
Section 5.
Transfer.
(1) An employee appointed in
accordance with KRS 12.050 shall not be transferred.
(2) Any other employee in the unclassified
service may be transferred from one (1) position to another in the unclassified
service by the appointing authority or designee with written notice.
(3)
(a) If
the transfer is on an involuntary basis, the employee shall receive notice of
the transfer.
(b) Following
notification of an involuntary transfer, an employee shall report for work at
the work station to which transferred on the effective date of the
transfer.
(c) The notice shall be
in writing, shall state the effective date of the transfer, the reason for the
employee's selection for transfer, and the employee's obligation to report to
the new work station.
Section 6. Resignations.
(1) An employee who desires to terminate
service with the state shall submit a written resignation to the appointing
authority or designee.
(2) A
resignation shall be submitted at least fourteen (14) calendar days before the
final working day.
(3) A copy of an
employee's resignation shall be attached to the advice effecting the separation
and be filed in the employee's service record in the department.
(4) Failure to give fourteen (14) calendar
days' notice with a resignation shall result in forfeiture of accrued annual
leave.
Section 7.
Temporary Overlap. The appointing authority or designee for training purposes
may place an employee in a position currently occupied by another employee for
a period not to exceed sixty (60) calendar days.
Section 8. If an employee voluntarily
retires, the employee shall be considered as separated without
prejudice.
17 Ky.R. 1286; eff.
12-9-1990; 35 Ky.R. 1898; 2249; eff. 5-1-2009; Crt eff.
11-16-2018.
STATUTORY AUTHORITY: KRS 151B.035(1)
