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AN ACT relating to paid parental leave. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. A NEW SECTION OF KRS CHAPTER 18A IS CREATED TO 3
READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Child" means a human being under the age of eighteen (18) years old; 6
(b) "Parent" means the mother or father of a child by birth, including by a 7
surrogate, or by adoption; and 8
(c) 1. "Paid parental leave" means a paid leave of absence provided to a 9
parent employed by the Commonwealth for time off work for the birth 10
or adoption of a child and the recovery and bonding time associated 11
with the birth or adoption; and 12
2. "Paid parental leave" does not include any other form of paid leave 13
that has been granted by the parent's employer. 14
(2) The Commonwealth of Kentucky Paid Parental Leave Program is created. A 15
parent who has been an employee of the Commonwealth for at least fifty-two (52) 16
consecutive weeks may request to receive parental leave upon the birth or 17
adoption of a child. 18
(3) Before being approved to receive any amount of paid parental leave, the parent 19
shall submit verification of the birth or adoption of a child to his or her employer. 20
(4) Once approved, a parent shall be granted paid parental leave in an amount of 21
twelve (12) weeks to be used within twenty-four (24) weeks of the birth or 22
adoption of a child. 23
(5) A parent shall not be required to use compensatory time, sick leave, or annual 24
leave before being eligible to receive paid parental leave. 25
(6) While a parent is on paid parental leave, he or she shall be deemed a state 26
employee and shall receive the same treatment with respect to salary, wages, and 27 UNOFFICIAL COPY 22 RS BR 1430
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employee benefits. 1
(7) For purposes of determining seniority, pay or pay advancement, performance 2
awards, and the receipt of any benefit that may be affected by a leave of absence, 3
the service of the parent shall be considered uninterrupted by the leave of 4
absence. 5
(8) The secretary of the Personnel Cabinet shall promulgate administrative 6
regulations in accordance with KRS Chapter 13A to implement the provisions of 7
this section. 8
Section 2. KRS 18A.025 is amended to read as follows: 9
(1) The Governor shall appoint the secretary of personnel as provided in KRS 18A.015, 10
who shall be considered an employee of the state. The secretary shall be a graduate 11
of an accredited college or university and have at least five (5) years' experience in 12
personnel administration or in related fields, have known sympathies with the merit 13
principle in government and shall be dedicated to the preservation of this principle. 14
Additional education may be substituted for the required experience and additional 15
experience may be substituted for the required education. 16
(2) The secretary of the Personnel Cabinet or the secretary's designee[,] shall be 17
responsible for the coordination of the state's affirmative action plan[,] established 18
by KRS 18A.138. 19
(3) There is established within the Personnel Cabinet the following offices, 20
departments, and divisions, each of which shall be headed by either a commissioner, 21
executive director, or division director appointed by the secretary, subject to the 22
prior approval of the Governor pursuant to KRS 12.040 or 12.050, depending on the 23
level of the appointment, except that the Kentucky Employees Deferred 24
Compensation Authority shall be headed by an executive director who shall be 25
appointed by the authority's board of directors: 26
(a) Office of the Secretary, which shall be responsible for communication with 27 UNOFFICIAL COPY 22 RS BR 1430
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state employees about personnel and other relevant issues and for the 1
administration and coordination of the following: 2
1. Office of Employee Relations, composed of the following programs: 3
a. Workers' Compensation Program pursuant to KRS 18A.375; 4
b. Sick leave Sharing Program, pursuant to KRS 18A.197; 5
c. Annual Leave Sharing Program, pursuant to KRS 18A.203; 6
d. Health and Safety Program; 7
e. Employee Assistance Program; 8
f. Employee Incentive Programs, pursuant to KRS 18A.202; 9
g. Employee Mediation Program;[ and] 10
h. Living Organ Donor Leave Program, pursuant to KRS 18A.194; 11
and 12
i. Paid Parental Leave Program, pursuant to Section 1 of this Act; 13
2. Office of Administrative Services, which shall be responsible for the 14
Personnel Cabinet's administrative functions, composed of the following 15
programs: 16
a. Division of Technology Services; 17
b. Division of Human Resources; and 18
c. Division of Financial Services; 19
3. Office of Legal Services, which shall provide legal services to the 20
Personnel Cabinet and to executive branch agencies and their 21
representatives upon request; 22
4. Office of Diversity, Equality, and Training, which shall coordinate and 23
implement diversity initiatives for state agencies, the affirmative action 24
plan established by KRS 18A.138, the state Equal Employment 25
Opportunity Program, and the Minority Management Trainee Program; 26
5. Governmental Services Center, which shall be responsible for employee 27 UNOFFICIAL COPY 22 RS BR 1430
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and managerial training and organizational development; 1
6. Kentucky Public Employees Deferred Compensation Authority, which 2
shall maintain a deferred compensation plan for state employees; and 3
7. Office of Public Affairs, which shall assist in all aspects of developing 4
and executing the strategic direction of the cabinet; 5
(b) Department of Human Resources Administration, which shall be composed of 6
the: 7
1. Division of Employee Management, which shall be responsible for 8
payroll, records, classification, and compensation. The division shall 9
also be responsible for implementing lay-off plans mandated by KRS 10
18A.113 to 118A.1132 and shall monitor and assist state agencies in 11
complying with the provisions of the federal Fair Labor Standards Act. 12
The division shall: 13
a. Maintain the central personnel files mandated by KRS 18A.020 14
and process personnel documents and position actions; 15
b. Operate and maintain a uniform payroll system and certify payrolls 16
as required by KRS 18A.125; 17
c. Maintain plans of classification and compensation for state service 18
and review and evaluate the plans; and 19
d. Coordinate and implement the employee performance evaluation 20
systems throughout state government; and 21
2. Division of Career Opportunities, which shall be responsible for 22
employment counseling, applicant processing, employment register, and 23
staffing analysis functions. The division shall: 24
a. Operate a centralized applicant and employee counseling program; 25
b. Operate, coordinate, and construct the examination program for 26
state employment; 27 UNOFFICIAL COPY 22 RS BR 1430
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c. Prepare registers of candidate employment; and 1
d. Coordinate outreach programs, such as recruitment and the 2
Administrative Intern Program; and 3
(c) Department of Employee Insurance, which shall be responsible for the: 4
1. Health Insurance Program, pursuant to KRS 18A.225; 5
2. Flexible Benefit Plan, pursuant to KRS 18A.227; 6
3. Division of Insurance Administration, which shall be responsible for 7
enrollment and service functions; 8
4. Division of Financial and Data Services, which shall be responsible for 9
fiscal and data analysis functions; and 10
5. Life Insurance Program pursuant to KRS 18A.205 to 18A.220. 11
(4) The cabinet shall include principal assistants appointed by the secretary, pursuant to 12
KRS 12.050 or 18A.115(1)(g) and (h), as necessary for the development and 13
implementation of policy. The secretary may employ, pursuant to the provisions of 14
this chapter, personnel necessary to execute the functions and duties of the 15
department. 16
Section 3. KRS 18A.110 is amended to read as follows: 17
(1) The secretary shall promulgate comprehensive administrative regulations for the 18
classified service governing: 19
(a) Applications and examinations; 20
(b) Certification and selection of eligibles; 21
(c) Classification and compensation plans; 22
(d) Incentive programs; 23
(e) Lay-offs; 24
(f) Registers; 25
(g) Types of appointments; 26
(h) Attendance; hours of work; compensatory time; annual, court, military, sick, 27 UNOFFICIAL COPY 22 RS BR 1430
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voting, paid parental leave, living organ donor, and special leaves of absence, 1
provided that the secretary shall not promulgate administrative regulations that 2
would reduce the rate at which employees may accumulate leave time below 3
the rate effective on December 10, 1985; and 4
(i) Employee evaluations. 5
(2) The secretary shall promulgate comprehensive administrative regulations for the 6
unclassified service. 7
(3) (a) Except as provided by KRS 18A.355, the secretary shall not promulgate 8
administrative regulations that would reduce an employee's salary; and 9
(b) As provided by KRS 18A.0751(4)(e), the secretary may submit a proposed 10
administrative regulation providing for an initial probationary period in excess 11
of six (6) months to the board for its approval. 12
(4) The secretary may promulgate administrative regulations to implement state 13
government's affirmative action plan under KRS 18A.138. 14
(5) (a) The administrative regulations shall comply with the provisions of this chapter 15
and KRS Chapter 13A, and shall have the force and effect of law after 16
compliance with the provisions of KRS Chapters 13A and 18A and the 17
procedures adopted thereunder; 18
(b) Administrative regulations promulgated by the secretary shall not expand or 19
restrict rights granted to, or duties imposed upon, employees and 20
administrative bodies by the provisions of this chapter; and 21
(c) No administrative body other than the Personnel Cabinet shall promulgate 22
administrative regulations governing the subject matters specified in this 23
section. 24
(6) Prior to filing an administrative regulation with the Legislative Research 25
Commission, the secretary shall submit the administrative regulation to the board 26
for review. 27 UNOFFICIAL COPY 22 RS BR 1430
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(a) The board shall review the administrative regulation proposed by the secretary 1
not less than twenty (20) days after its submission to it; 2
(b) Not less than five (5) days after its review, the board shall submit its 3
recommendations in writing to the secretary; 4
(c) The secretary shall review the recommendations of the board and may revise 5
the proposed administrative regulation if he or she deems it necessary; and 6
(d) After the secretary has completed the review provided for in this section, he or 7
she may file the proposed administrative regulation with the Legislative 8
Research Commission pursuant to the provisions of KRS Chapter 13A. 9
(7) The administrative regulations shall provide: 10
(a) For the preparation, maintenance, and revision of a position classification plan 11
for all positions in the classified service, based upon similarity of duties 12
performed and responsibilities assumed, so that the same qualifications may 13
reasonably be required for, and the same schedule of pay may be equitably 14
applied to, all positions in the same class. The secretary shall allocate the 15
position of every employee in the classified service to one (1) of the classes in 16
the plan. The secretary shall reallocate existing positions, after consultation 17
with appointing authorities, when it is determined that they are incorrectly 18
allocated, and there has been no substantial change in duties from those in 19
effect when such positions were last classified. The occupant of a position 20
being reallocated shall continue to serve in the reallocated position with no 21
reduction in salary; 22
(b) For a pay plan for all employees in the classified service, after consultation 23
with appointing authorities and the state budget director. The plan shall take 24
into account such factors as: 25
1. The relative levels of duties and responsibilities of various classes of 26
positions; 27 UNOFFICIAL COPY 22 RS BR 1430
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2. Rates paid for comparable positions elsewhere taking into consideration 1
the effect of seniority on such rates; and 2
3. The state's financial resources. 3
Amendments to the pay plan shall be made in the same manner. Each 4
employee shall be paid at one (1) of the rates set forth in the pay plan for the 5
class of position in which he or she is employed, provided that the full amount 6
of the annual increment provided for by the provisions of KRS 18A.355, and 7
the full amount of an increment due to a promotion, salary adjustment, 8
reclassification, or reallocation, shall be added to an employee's base salary or 9
wages; 10
(c) For open competitive examinations to test the relative fitness of applicants for 11
the respective positions. The examinations shall be announced publicly and 12
applications accepted at least ten (10) days prior to certification of a register, 13
and may be advertised through the press, radio, and other media. The secretary 14
shall continue to receive applications and examine candidates on a continuous 15
basis long enough to assure a sufficient number of eligibles to meet the needs 16
of the service. Except as provided by this chapter, he or she shall add the 17
names of successful candidates to existing eligible lists in accordance with 18
their respective ratings. The secretary shall be free to use any investigation of 19
education and experience and any test of capacity, knowledge, manual skill, 20
character, personal traits, or physical fitness, which in his or her judgment, 21
serves the need to discover the relative fitness of applicants; 22
(d) As provided by this chapter, for the establishment of eligible lists for 23
appointment, upon which lists shall be placed the names of successful 24
candidates in the order of their relative excellence in the respective 25
examinations. Except as provided by this chapter, an eligible's score shall 26
expire automatically one (1) year from the date of testing, unless the life of the 27 UNOFFICIAL COPY 22 RS BR 1430
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score is extended by action of the secretary for a period not to exceed one (1) 1
additional year. Except for those individuals exercising reemployment rights, 2
all eligibles may be removed from the register when a new examination is 3
established; 4
(e) For the rejection of candidates or eligibles who fail to comply with reasonable 5
requirements of the secretary in regard to such factors as age, physical 6
condition, training, and experience, or who have attempted any deception or 7
fraud in connection with an examination; 8
(f) Except as provided by this chapter, for the appointment of a person whose 9
score is included in the five (5) highest scores earned on the examination; 10
(g) For annual, sick, and special leaves of absence, with or without pay, or 11
reduced pay, after approval by the Governor as provided by KRS 12
18A.155(1)(d); 13
(h) For lay-offs, in accordance with the provisions of KRS 18A.113, 18A.1131, 14
and 18A.1132, by reasons of lack of work, abolishment of a position, a 15
material change in duties or organization, or a lack of funds; 16
(i) For the development and operation of programs to improve the work 17
effectiveness of employees in the state service, including training, whether in-18
service or compensated educational leave, safety, health, welfare, counseling, 19
recreation, employee relations, and employee mobility without written 20
examination; 21
(j) For a uniform system of annual employee evaluation for classified employees, 22
with status, that shall be considered in determining eligibility for discretionary 23
salary advancements, promotions, and disciplinary actions. The administrative 24
regulations shall: 25
1. Require the secretary to determine the appropriate number of job 26
categories to be evaluated and a method for rating each category; 27 UNOFFICIAL COPY 22 RS BR 1430
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2. Provide for periodic informal reviews during the evaluation period 1
which shall be documented on the evaluation form and pertinent 2
comments by either the employee or supervisor may be included; 3
3. Establish a procedure for internal dispute resolution with respect to the 4
final evaluation rating; 5
4. Permit a classified employee, with status, who receives either of the two 6
(2) lowest possible evaluation ratings to appeal to the Personnel Board 7
for review after exhausting the internal dispute resolution procedure. 8
The final evaluation shall not include supervisor comments on ratings 9
other than the lowest two (2) ratings; 10
5. Require that an employee who receives the highest possible rating shall 11
receive the equivalent of two (2) workdays, not to exceed sixteen (16) 12
hours, credited to his or her annual leave balance. An employee who 13
receives the second highest possible rating shall receive the equivalent 14
of one (1) workday, not to exceed eight (8) hours, credited to his or her 15
annual leave balance; and 16
6. Require that an employee who receives the lowest possible evaluation 17
rating shall either be demoted to a position commensurate with the 18
employee's skills and abilities or be terminated; and 19
(k) For other administrative regulations not inconsistent with this chapter and 20
KRS Chapter 13A, as may be proper and necessary for its enforcement. 21
(8) For any individual hired or elected to office before January 1, 2015, and paid 22
through the Kentucky Human Resources Information System, the Personnel Cabinet 23
shall not require payroll payments to be made by direct deposit or require the 24
individual to use a Web-based program to access his or her salary statement. 25
(9) To the extent that KRS 16.010 to 16.199 and administrative regulations 26
promulgated by the commissioner of the Department of Kentucky State Police 27 UNOFFICIAL COPY 22 RS BR 1430
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under authority granted in KRS Chapter 16 conflict with this section or any 1
administrative regulation promulgated by the secretary pursuant to authority granted 2
in this section, the provisions of KRS Chapter 16 shall prevail. 3