KRS § 18A.005 — KY Code / Title III / Chapter 18A / Section 18A.005
18A.005 Definitions for chapter
Status: in_force

18A.005 Definitions for chapter.

As used in this chapter, unless the context indicates otherwise:

(1) "Appointing authority" means the agency head or any person whom he or she has

authorized by law to designate to act on behalf of the agency with respect to

employee appointments, position establishments, payroll documents, register

requests, waiver requests, requests for certification, or other position actions. Such

designation shall be in writing and signed by both the agency head and his or her

designee. Prior to the exercise of appointing authority, such designation shall be

filed with the 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

18A.110. Base salary or wages shall be adjusted as provided under the provisions of

KRS 18A.355 and 48.130;

(3) "Board" means the Personnel Board created by KRS 18A.045;

(4) "Career employee" means a state employee with sixteen (16) or more years of

permanent full-time state service, or the part-time employment equivalent of at least

sixteen (16) years of full-time state service. The service may have been in the

classified service under this chapter, the unclassified service in the executive branch

of state government, or a combination thereof. At least five (5) years of the

combined service shall have been in the classified service under this chapter;

(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

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 skill, and such other characteristics that the same title, the same tests

of fitness, and the same schedule of compensation have been or may be applied to

each position in the group;

(7) "Classified employee" means an employee appointed to a position in the classified

service under this chapter whose appointment and employment are subject to the

classified service provisions of this chapter and the administrative regulations

promulgated under 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,

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

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

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

register;

(14) "Employee" means a person regularly appointed to a position in the state service for

which he or she 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

federal grant or grants. An employee appointed to a federally funded time-limited

position shall be required to meet the minimum requirements for the classification

in which he or she is hired and, subject to the provisions of KRS 18A.113, shall

serve at the pleasure of the appointing authority during a period of time that shall

not exceed the life of the federal grant that funds the position. A federally funded

time-limited employee who has been aggrieved by notice of disciplinary action or

termination, other than an action based on expiration of the federal grant funding,

may petition the appointing authority of the agency for the opportunity to be heard

by the appointing authority or his or her designee prior to the effective date of the

disciplinary action or termination. The decision of the appointing authority shall be

final except as provided by KRS 18A.095(14) and 18A.140. A federally funded

time-limited employee shall not have the right of appeal to the Personnel Board

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

employee in a permanent position;

(17) "Full-time employee" means an employee in a full-time position;

(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,

except for the following:

(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)

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

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

evaluation of an employee's work and which must be passed successfully before

status may be conferred as provided in KRS 18A.110 and by the provisions of this

chapter. If the appointee is granted leave in excess of twenty (20) consecutive work

days during this period, his or her initial probation shall be extended for the same

length of 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

under KRS 18A.115;

(22) "Part-time employee" means an employee in a part-time position;

(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) "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

(1) person;

(25) "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

greater scope of discretion or responsibility;

(26) "Promotional probation" means the period of service, consistent with the length of

the initial probationary period, following the promotion of an employee with status

which must be successfully completed in order for the employee to retain the

position to which he or she has been promoted. If the employee is granted leave in

excess of twenty (20) consecutive work days during this period, his or her

promotional probation shall be extended for the same length of time as the granted

leave to cover such absence;

(27) "Qualifying" means the selection method type which results when the knowledge,

skills, and abilities necessary for a job classification cannot be accurately measured

by written examination;

(28) "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

employee has been and shall continue to perform;

(29) "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

has been assigned in writing by the appointing authority;

(30) "Reemployment" shall mean the rehiring of an employee with status who has been

laid off;

(31) "Reemployment register" means the separate list of names of persons who have

been separated from state service by reason of layoff. Reemployment registers shall

be used as provided by the provisions of KRS 18A.110, 18A.130, and 18A.135;

(32) "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

maintained for use in making original appointments or promotions to positions in

the classified service;

(33) "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 reinstated by the board or a court to a position in his former class, or to a

position of like status and pay;

(34) "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

employee to a vacant position in the same or similar job classification as his or her

last position held in the classified service. Reversion occurs after a career employee

is terminated other than for cause from the unclassified service or after a status

employee fails to successfully complete promotional probation. Reversion after

unsuccessful completion of promotional probation, or in the case of a career

employee after termination from the unclassified service, may only be appealed to

the Personnel Board under KRS 18A.095(11);

(35) "Seniority" means the total number of months of state service;

(36) "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

period by an employee in the classified service; and

(37) "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

within the classified service, and the same salary received immediately prior to

transfer.