18A.005 Definitions for chapter.
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18A.005 Definitions for chapter.
As used in this chapter, unless the context indicates otherwise: <br>(1) "Appointing authority" means the agency head or any person whom he has
authorized by law to designate to act on behalf of the agency with respect to <br>employee appointments, position establishments, payroll documents, register <br>requests, waiver requests, requests for certification, or other position actions. Such <br>designation shall be in writing and signed by both the agency head and his designee. <br>Prior to the exercise of appointing authority, such designation shall be filed with the <br>secretary;
(2) "Base salary or wages" means the compensation to which an employee is entitled
under the salary schedules adopted pursuant to the provisions of KRS 18A.030 and <br>18A.110. Base salary or wages shall be adjusted as provided under the provisions of <br>KRS 18A.355 and 48.130;
(3) "Board" means the Personnel Board created by KRS 18A.045; <br>(4) "Career employee" shall mean a state employee with sixteen (16) or more years of
permanent full-time state service, or the part-time employment equivalent of at least <br>sixteen (16) years of full-time state service. The service may have been in the <br>classified service, the unclassified service, or a combination thereof;
(5) "Certification" means the referral of the name of one (1) or more qualified
prospective employees by the secretary on request of an appointing officer for <br>consideration in filling a position in the classified service;
(6) "Class" means a group of positions sufficiently similar as to duties performed, scope
of discretion and responsibility, minimum requirements of training, experience, or <br>skill, and such other characteristics that the same title, the same tests of fitness, and <br>the same schedule of compensation have been or may be applied to each position in <br>the group;
(7) "Classified employee" means an employee appointed to a position in the classified
service whose appointment and continued employment are subject to the classified <br>service provisions of this chapter;
(8) "Classified position" means a position in the executive branch of state government
that is not exempt from the classified service under KRS Chapter 16, KRS 18A.115, <br>KRS Chapter 151B, or any other provision of law;
(9) "Classified service" includes all the employment subject to the terms of this chapter
except for those positions expressly cited in KRS 18A.115; a "classified position" is <br>a position in the classified service;
(10) "Secretary" means the secretary of the Personnel Cabinet as provided for in KRS
18A.015;
(11) "Demotion" means a change in the rank of an employee from a position in one (1)
class to a position in another class having a lower minimum salary range and less <br>discretion or responsibility;
(12) "Cabinet" means the Personnel Cabinet provided for in KRS 18A.015, unless the
context indicates otherwise;
(13) "Eligible" refers to a person who has made a passing score on any examination
required under KRS 18A.010 to 18A.200 or who has qualified to be placed on a <br>register;
(14) "Employee" means a person regularly appointed to a position in the state service for
which he is compensated on a full-time, part-time, or interim basis;
(15) "Federally funded time-limited employee" means an employee in the unclassified
service, appointed to a position that is funded one hundred percent (100%) by a <br>federal grant or grants. An employee appointed to a federally funded time-limited <br>position shall be required to meet the minimum requirements for the classification <br>in which he or she is hired and, subject to the provisions of KRS 18A.113, shall <br>serve at the pleasure of the appointing authority during a period of time that shall <br>not exceed the life of the federal grant that funds the position. A federally funded <br>time-limited employee who has been aggrieved by notice of disciplinary action or <br>termination, other than an action based on expiration of the federal grant funding, <br>may petition the appointing authority of the agency for the opportunity to be heard <br>by the appointing authority or his designee prior to the effective date of the <br>disciplinary action or termination. The decision of the appointing authority shall be <br>final except as provided by KRS 18A.095(14) and 18A.140. A federally funded <br>time-limited employee shall not have the right of appeal to the Personnel Board <br>except as provided by KRS 18A.095(14) and 18A.140;
(16) "Federally funded position" means a full-time or a part-time position in which the
unclassified employee is eligible for benefits at the same level as a classified <br>employee in a permanent position;
(17) "Full-time employee" means an employee in a full-time position; <br>(18) "Full-time position" means a position, other than an interim position, requiring an
employee to work at least thirty-seven and one-half (37.5) hours in a work week, <br>except for the following: <br>(a) Positions in the state parks, where the work assigned is dependent upon
fluctuations in tourism, may be assigned work hours from twenty-five (25) <br>hours per week during the off seasons and remain in full-time positions; and
(b) Positions in health care facilities, which regularly involve three (3)
consecutive days of twelve (12) hour shifts to cover weekends, shall be <br>considered full-time;
(19) "Initial probation" means the period of service following initial appointment to any
position under KRS 18A.010 to 18A.200 which requires special observation and <br>evaluation of an employee's work and which must be passed successfully before <br>status may be conferred as provided in KRS 18A.110 and by the provisions of this <br>chapter. If the appointee is granted leave in excess of twenty (20) consecutive work <br>days during this period, his initial probation shall be extended for the same length of <br>time as the granted leave to cover such absence;
(20) "Interim employee" means an unclassified employee without status who has been
appointed to an interim position that shall be less than nine (9) months duration;
(21) "Interim position" means a position established to address a one-time or recurring
need of less than nine (9) months duration and exempt from the classified service <br>under KRS 18A.115;
(22) "Part-time employee" means an employee in a part-time position; <br>(23) "Part-time position" means a position, other than an interim position, requiring an
employee to work less than one hundred (100) hours per month;
(24) "Penalization" means demotion, dismissal, suspension, fines, and other disciplinary
actions; involuntary transfers; salary adjustments; any action that increases or <br>diminishes the level, rank, discretion, or responsibility of an employee without <br>proper cause or authority, including a reclassification or reallocation to a lower <br>grade or rate of pay; and the abridgment or denial of other rights granted to state <br>employees;
(25) "Position" means an office or employment in an agency (whether part-time, full-
time, or interim, occupied, or vacant) involving duties requiring the services of one <br>(1) person;
(26) "Promotion" means a change of rank of an employee from a position in one (1)
class to a position in another class having a higher minimum salary or carrying a <br>greater scope of discretion or responsibility;
(27) "Promotional probation" means the period of service, consistent with the length of
the initial probationary period, following the promotion of an employee with status <br>which must be successfully completed in order for the employee to retain the <br>position to which he has been promoted. If the employee is granted leave in excess <br>of twenty (20) consecutive work days during this period, his promotional probation <br>shall be extended for the same length of time as the granted leave to cover such <br>absence;
(28) "Qualifying" means the selection method type which results when the knowledge,
skills, and abilities necessary for a job classification cannot be accurately measured <br>by written examination;
(29) "Reallocation" means the correction of the classification of an existing position by
placement of the position into the classification that is appropriate for the duties the <br>employee has been and shall continue to perform;
(30) "Reclassification" shall mean the change in the classification of an employee when
a material and permanent change in the duties or responsibilities of that employee <br>has been assigned in writing by the appointing authority;
(31) "Reemployment" shall mean the rehiring of an employee with status who has been
laid off;
(32) "Reemployment register" means the separate list of names of persons who have
been separated from state service by reason of layoff. Reemployment registers shall <br>be used as provided by the provisions of KRS 18A.110, 18A.130, and 18A.135;
(33) "Register" means any official list of eligibles for a particular class and, except as
provided in this chapter, placed in rank order according to the examination scores <br>maintained for use in making original appointments or promotions to positions in <br>the classified service;
(34) "Reinstatement" means the privilege of restoration of an employee who has resigned
in good standing at the option of the appointing authority, or who has been ordered <br>reinstated by the board or a court to a position in his former class, or to a position of <br>like status and pay;
(35) "Reversion" means either the returning of a status employee to his or her last
position held in the classified service, if vacant, or the returning of a status <br>employee to a vacant position in the same or similar job classification as his or her <br>last position held in the classified service. Reversion occurs after a career employee <br>is terminated other than for cause from the unclassified service or after a status <br>employee fails to successfully complete promotional probation. Reversion after <br>unsuccessful completion of promotional probation, or in the case of a career <br>employee after termination from the unclassified service, may only be appealed to <br>the Personnel Board under KRS 18A.095(12);
(36) "Seniority" means the total number of months of state service; <br>(37) "Status" means the acquisition of tenure with all rights and privileges granted by the
provisions of this chapter after satisfactory completion of the initial probationary <br>period by an employee in the classified service; and
(38) "Transfer" means a movement of any employee from one (1) position to another of
the same grade having the same salary ranges, the same level of responsibility <br>within the classified service, and the same salary received immediately prior to <br>transfer.
Effective: April 13, 2010 <br>History: Amended 2010 Ky. Acts ch. 153, sec. 1, effective April 13, 2010. -- Amended
2009 Ky. Acts ch. 75, sec. 14, effective June 25, 2009. -- Amended 2004 Ky. Acts <br>ch. 127, sec. 1, effective July 13, 2004. -- Amended 2002 Ky. Acts ch. 122, sec. 1, <br>effective July 15, 2002. -- Amended 2000 Ky. Acts ch. 91, sec. 1, effective July 14, <br>2000. -- Amended 1998 Ky. Acts ch. 154, sec. 10, effective July 15, 1998; and <br>ch. 540, sec. 1, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 309, sec. 3, <br>effective July 13, 1990. -- Amended 1988 Ky. Acts ch. 129, sec. 1, effective July 15, <br>1988; and ch. 203, sec. 1, effective July 15, 1988. -- Amended 1986 Ky. Acts <br>ch. 494, sec. 7, effective July 15, 1986. -- Repealed, reenacted, and amended as KRS <br>18A.005, 1982 Ky. Acts ch. 448, sec. 1, effective July 15, 1982. -- Amended 1980 <br>Ky. Acts ch. 132, sec. 1, effective July 15, 1980; and ch. 355, sec. 4, effective July <br>15, 1980. -- Amended 1978 Ky. Acts ch. 269, sec. 1, effective June 17, 1978. -- <br>Amended 1976 Ky. Acts ch. 86, sec. 1, effective March 19, 1976. -- Amended 1974 <br>Ky. Acts ch. 162, sec. 1. -- Created 1960 Ky. Acts ch. 63, sec. 2.
Formerly codified as KRS 18.110. <br>Legislative Research Commission Note (7/13/2004). 2004 Ky. Acts ch. 127, sec. 5,
provides that "Employment in a federally funded position, as defined in subsection <br>(16) of Section 1 of this Act [KRS 18A.005], shall not exceed the original grant <br>period or any renewal thereof. A copy of the relevant section or sections of the <br>federal grant which relate to the establishment of a time frame for the position shall <br>become part of the employee's personnel file and shall be reported and justified to the <br>State Personnel Board."
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