156.830 Coercion of employees prohibited -- Lay-off priorities.

463 words·~2 min read·/ky/chapter-156/156-830

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)It shall be unlawful to coerce certified and equivalent employees who may be or

who are subject to lay-off to resign or retire in lieu of lay-off. Dismissals shall

comply with applicable statutes and lay-offs shall not be utilized as a method of

dismissal.

(2)In the same office, county, and job classification, temporary, emergency, limited

status, and probationary employees shall be laid-off before permanent full-time or

permanent part-time employees with continuing status. The Office of Career and

Technical Education shall not transfer positions, including vacant positions, in order

to circumvent the provisions of this section.

(3)If two

(2)or more employees subject to lay-off in a lay-off plan submitted to the

commissioner of education have the same qualifications and similar performance

evaluations, the employee with the lesser seniority shall be laid-off first.

(4)An employee who is laid-off shall be placed on a reemployment list for the class of

position from which laid-off and for any class for which such employee is qualified.

(5)For a period of three

(3)years, laid-off employees shall be considered before any

applicant from outside the Office of Career and Technical Education, except

another laid-off employee with more seniority who is already on the list.

(6)For a period of three

(3)years, a laid-off employee shall not be removed from the

list unless:

(a)The laid-off employee notifies the office in writing that he or she no longer

wishes to be considered for a position on the list;

(b)Two

(2)written offers of appointment are declined, the offers to be for a

position of the same classification and salary, and located in the same county

or contiguous counties, as the position from which laid-off;

(c)Two

(2)written offers to schedule an interview are made and the laid-off

employee fails to respond to a certified letter requesting the laid-off employee

to schedule an interview within ten

(10)working days;

(d)The laid-off employee fails to report for an interview after notification in

writing at least ten

(10)calendar days prior to the date of the interview;

(e)The laid-off employee cannot be located by postal authorities at the last

address provided; or

(f)The laid-off employee has willfully violated the provisions of KRS 156.800 to

156.860.

(7)When a laid-off employee has accepted a bona fide offer of appointment to any

position, effective on a specified date, the employee's name may be removed from

the list for all classes for which the maximum salary is the same as or less than that

of the class of appointment.

(8)When a laid-off employee is removed from the reemployment list, the employee

shall be notified in writing and shall be notified of the right to appeal to the board

under provisions of KRS 156.820.