780 KAR 3:100. Employee actions.
RELATES TO: KRS 151B.035, 151B.080
STATUTORY AUTHORITY: KRS 151B.035(1)
NECESSITY, FUNCTION, AND CONFORMITY: KRS
151B.035(1) requires the Executive Director for 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
(1)(a) Official work station of an
employee assigned to an office; and
(b) Street address where the office is
(2)(a) Official Work station of an
employee assigned to an office; 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
(2) A work station may be changed to
better meet the needs of the agency.
(3)(a) 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.
(b) The employee shall be reimbursed for
travel expenses, in accordance with 200 KAR 2:006, and the appointing authority
or designee shall notify the employee in writing prior to the effective date of
(4)(a) An appointing authority or
designee may assign an employee to work in a different site within the county
(b) Reassignment within a county shall
not be an appealable action.
Section 3. Promotion. An employee in the
certified and equivalent personnel system may be promoted to a position of
greater scope of discretion and responsibility or to the unclassified system in
the Office of Career and Technical Education.
Section 4. Demotion. (1) An appointing
authority or designee shall demote an employee who makes a written request for
(2) The written request shall:
(a) Be on a completed Voluntary Transfer
or Voluntary Demotion Form; and
1. A statement of the reason for the
2. The effective date of the demotion;
3. Identifying information concerning the
position demoted from and to; and
4. A waiver of the right of appeal
concerning the demotion.
(3) A copy of the request shall be placed
in the employee's official file.
Section 5. Transfer. (1) An employee in
the certified and equivalent personnel system may be transferred from one (1)
office to another and from one (1) district to another.
(2)(a) The transfer shall be on a
voluntary or involuntary basis.
(b) Unless an employee requests a
transfer in writing, the transfer shall be deemed to have been made on an
(c) The appointing authority or designee
shall establish a reasonable basis for selecting an employee for involuntary
(3)(a) If the transfer is on an
involuntary basis, the employee shall receive written notice of the transfer
prior to the effective date of the transfer.
(b) Following notification of an
involuntary transfer, an employee shall report for work at the work station to
which the employee was transferred on the effective date of the transfer.
(c) The notice shall be in writing, and
a. The effective date of the transfer;
b. The reason for the employee's
selection for transfer;
c. The new work station; and
d. The employee's obligation to report to
the new work station;
2. Advise the employee that the employee
may appeal the transfer to the Kentucky Technical Education Personnel Board within
thirty (30) days of receipt of the notice excluding the day that notification
was received; and
3. Advise the employee of the provisions
of subsection (4) of this section.
(d) Upon employee notification, copies of
the notice shall be forwarded to the Executive Director of the Office of Career
and Technical Education.
(4) If an involuntary transfer is to a
position with a work station in a different county, the following provisions
(a) The employee shall receive the notice
specified in subsection (3) of this section at least thirty (30) days prior to
the effective date of the transfer; and
(b) The appointing authority or designee
shall pay the employee's moving and travel expenses following transfer for
thirty (30) days following the effective date of transfer in accordance with
200 KAR 2:006.
(5)(a) If an employee with status
requests a transfer in writing, the appointing authority or designee may make a
(b) The written request shall:
1. Be on a completed Voluntary Transfer
or Voluntary Demotion-151B Form; and
a. A statement of the reason for the
b. The effective date of the transfer;
c. Identifying information concerning the
position transferred from and to; and
d. A waiver of the right to appeal
concerning the transfer.
(c) A copy of this request shall be
forwarded to the Executive Director of the Office of Career and Technical
Section 6. Reemployment. (1) Reemployment
in the certified and equivalent personnel system shall occur in accordance with
(2) A former employee on a reemployment
list shall meet all qualifications in order to be considered for a position.
Section 7. Resignations and Retirements.
(1) An employee who desires to terminate service with the state shall submit a
written resignation or notice of retirement to the appointing authority or
(2)(a) A resignation or notice of
retirement shall be submitted at least thirty (30) calendar days before the
final working day.
(b) A copy of an employee's resignation
shall be attached to the advice effecting the separation and shall be filed in
the employee's service record in the department.
(3) Failure of an employee to give thirty
(30) calendar days' notice upon resignation or notice of retirement may result
in forfeiture of accrued annual leave.
(4) A part-time hourly employee who has
not worked for six (6) months shall be deemed to have resigned.
Section 8. Temporary Overlap. The
appointing authority or designee may place an employee in a position currently
occupied by another employee for a period not to exceed sixty (60) calendar
days for training purposes.
Section 9 Retirement. If an employee
voluntarily retires, the employee shall be considered separated without prejudice.
Section 10. Incorporation by Reference.
(1) "Voluntary Transfer or Voluntary Demotion-151B", form 07/21/2008,
Personnel Cabinet, is incorporated by reference.
(2) This material may be inspected,
copied, or obtained, subject to applicable copyright law, at the Education and
Workforce Development Cabinet, 500 Mero Street, Second Floor, Frankfort, Kentucky
40601, Monday through Friday, 8 a.m. through 4:30 p.m. (17 Ky.R. 743; eff.
10-14-1990; Am. 26 Ky.R. 2028; 27 Ky.R. 107; eff. 7-17-2000; 35 Ky.R. 1867;
2235; eff. 5-1-2009.)