Kentucky Administrative Regulations › Title 902 - CABINET FOR HEALTH AND FAMILY SERVICES - DEPARTMENT FOR PUBLIC HEALTH › Chapter 8 - Local Health Departments › Section 902 KAR 8:090 - Promotion, transfer, and demotion of local health department employees

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO:
				KRS
				211.170(1), (2),
				211.1751,
				211.1755
				212.170(4), 212.870
NECESSITY, FUNCTION, AND CONFORMITY:
				KRS
				194A.050(1) requires the
				Cabinet for Health and Family Services to promulgate administrative regulations
				necessary to operate programs and fulfill the responsibilities vested in the
				cabinet.
				KRS
				211.1755(2) requires the
				cabinet to promulgate administrative regulations establishing the policies and
				procedures for the local health department personnel program. This
				administrative regulation describes the provisions and requirements for
				promotions, transfers, and demotions of local health department
				employees.
Section 1. Promotion.
(1) An employee may be promoted to a higher
			 grade at any time upon the request of an appointing authority if the employee
			 meets the minimum requirements of the position as determined by the
			 department.
(2) The promotion of an
			 employee shall be based upon individual performance, with due consideration for
			 length of service and capability of the individual employee to perform the
			 duties and responsibilities of the new position.
(3) A promoted employee shall serve a
			 probationary period of thirteen (13) pay periods, to determine through
			 performance evaluation, if the employee can satisfactorily perform the duties
			 and responsibilities of the position.
(4) An employee who satisfactorily completes
			 the required promotional probationary period of thirteen (13) pay periods, as
			 documented by the performance evaluation, shall receive a three (3) percent
			 increase in salary.
(5)
(a) A regular status employee may be promoted
			 from a classified position to an unclassified position.
(b) If separated from an unclassified
			 position following promotion, an employee shall revert to the class in which
			 the employee previously held status.
(c) If there is no vacancy in that class, the
			 employee may be reverted to a position for which the employee is qualified and
			 certified by the department, or separated from employment if a position is not
			 available.
(d) Time served in an
			 unclassified position shall count towards years of service and
			 seniority.
(e) The employee shall
			 retain eligibility to earn annual, sick, and compensatory time, if applicable,
			 and also receive agency provided benefits.
(6) If an employee is granted leave for
			 medical reasons in excess of twenty (20) work days during the promotional
			 probationary period, the employee's probationary period shall be extended for
			 the same length of time as the granted leave to cover the absence.
(7) A performance evaluation shall be
			 completed for an employee fourteen (14) calendar days prior to completing the
			 probationary period in order to determine the employee's ability to perform the
			 job duties successfully.
(8) An
			 employee who has been promoted, but fails to successfully complete the
			 probationary period, as documented by the performance evaluation conducted by
			 the appointing authority or designated supervisory staff, shall revert to a
			 position in the former class subject to subsection (9) of this section.
			 Documentation for the unsuccessful completion shall be provided to the employee
			 and the department.
(9) If approved
			 by the appointing authority, a promoted employee may request, during the
			 probationary period, to be reverted to a position in the former class. The
			 employee may revert to a position in a different class if:
(a) There is no vacancy in the former
			 class;
(b) The employee is
			 qualified; and
(c) The employee is
			 determined eligible by the department.
(10) If a regular employee in the classified
			 service is dismissed for cause while serving a promotional probationary period,
			 the employee shall have the right to appeal the dismissal in accordance with
			 902
			 KAR 8:110.