780 Kar 3:100. Employee Actions

Link to law: http://www.lrc.ky.gov/kar/780/003/100.htm
Published: 2015

      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

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 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

or designee.

      (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

the action.

      (4)(a) An appointing authority or

designee may assign an employee to work in a different site within the county

of employment.

      (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

voluntary demotion-151B.

      (2) The written request shall:

      (a) Be on a completed Voluntary Transfer

or Voluntary Demotion Form; and

      (b) Include:

      1. A statement of the reason for the

request;

      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

involuntary basis.

      (c) The appointing authority or designee

shall establish a reasonable basis for selecting an employee for involuntary

transfer.

      (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

shall:

      1. State:

      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

shall apply:

      (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

voluntary transfer.

      (b) The written request shall:

      1. Be on a completed Voluntary Transfer

or Voluntary Demotion-151B Form; and

      2. Include:

      a. A statement of the reason for the

request;

      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

Education.

 

      Section 6. Reemployment. (1) Reemployment

in the certified and equivalent personnel system shall occur in accordance with

KRS 151B.080.

      (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

designee.

      (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.)
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