61.373 Restoration of public employee to position after military duty -- Right to
547 words·~2 min read·
/ky/61-373A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
leave of absence -- Appeals.
(1)Any public employee who leaves a position after June 16, 1966, voluntarily or
involuntarily, in order to perform military duty, and who is relieved or discharged
from such duty under conditions other than dishonorable, and who has not been
absent from public employment due to military duty in time of war or national or
state emergency for a period of time longer than the duration of the war or national
or state emergency plus six
(6)months or in time of peace for a period of time not
longer than six
(6)years, and makes application for reemployment within ninety
(90)days after he or she is relieved from military duty or from hospitalization or
treatment continuing after discharge for a period of not more than one
(1)year:
(a)If still physically qualified to perform the duties of his or her position, shall be
restored to such position if it exists and is not held by a person with greater
seniority, otherwise to a position of like seniority, status, and pay;
(b)If not qualified to perform the duties of his or her position by reason of
disability sustained during such service, the public employee shall be placed
in another position, the duties of which he or she is qualified to perform and
which will provide him or her like seniority, status, and pay, or the nearest
approximation thereof consistent with the circumstances of his or her case.
(a)Officers and employees of this state, or any department or agency thereof,
shall be granted a leave of absence by their employers for the period required
to perform active duty or training in the National Guard or any reserve
component of the Armed Forces of the United States.
(b)Upon the officer's or employee's release from a period of active duty or
training, except as provided in KRS 61.394, he or she shall be permitted to
return to his or her former position of employment or a position with
equivalent seniority, status, pay, and any other rights or benefits that would
have been bestowed if he or she had not been absent.
(c)An officer or employee who is not permitted to return to his or her former
position may appeal the dismissal in accordance with KRS Chapter 18A.
(3)In the case of any person who is entitled to be restored to a position in accordance
with KRS 61.371 to 61.377, if the personnel board finds that the department or
agency with which such person was employed immediately prior to his or her
military duty:
(a)Is no longer in existence and its functions have not been transferred to any
other agency; or
(b)For any reason it is not feasible for such person to be restored to employment
by the department or agency, the board shall determine whether or not there is
a position in any other department or agency of the same public employer for
which the person is qualified and which is either vacant or held by a person
having a temporary appointment thereto. In any case in which the board
determines that there is such a position, the person shall be restored to the
position by the department or agency in which the position exists.