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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 18A.005 TO 18A.200 IS CREATED 3
TO READ AS FOLLOWS: 4
(1) As used in this section: 5
(a) "Child" means any person who has not reached his or her eighteenth 6
birthday; 7
(b) "Fictive kin" has the same meaning as in KRS 199.011; 8
(c) "Foster care placement" means the placement of a child in a private home 9
to be cared for by a foster family under the supervision of the Cabinet for 10
Health and Family Services; 11
(d) "Kinship care placement" means a temporary placement of a child with a 12
blood relative or fictive kin by a court order; 13
(e) "Paid parental leave" means a paid leave of absence provided to a parent 14
employed by the Commonwealth for time off work for the birth, surrogacy, 15
adoption, foster care placement, or kinship care placement of a child. "Paid 16
parental leave" does not include any other form of paid leave that has been 17
granted by the parent's employer; 18
(f) "Parent" means the mother or father of a child by birth, surrogacy, 19
adoption, foster care placement, or kinship care placement; and 20
(g) "Surrogacy" means a contract between a birth mother and another person 21
agreeing that the birth mother will relinquish all parental rights to the other 22
person upon the child's birth. 23
(2) The paid parental leave program is created pursuant to this section to provide 24
parental leave for full-time classified employees upon the birth, surrogacy, 25
adoption, foster care placement, or kinship care placement of a child. 26
(3) To be eligible for paid parental leave, the full-time classified employee shall have 27 UNOFFICIAL COPY 24 RS BR 248
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worked at least twelve (12) months immediately preceding the beginning of the 1
leave. 2
(4) An eligible employee may take up to four (4) weeks of paid parental leave for the 3
birth, surrogacy, or adoption of a child, or up to two (2) weeks of paid parental 4
leave for foster care placement, or kinship care placement of a child. Paid 5
parental leave shall be taken by the classified employee in consecutive weeks one 6
(1) time per year. Paid parental leave shall be awarded at the classified 7
employee's base salary. 8
(5) Multiple births, adoptions, or placements do not extend the amount of paid 9
parental leave available pursuant to subsection (4) of this section. 10
(6) If both parents are classified employees, both parents are eligible for paid 11
parental leave pursuant to subsection (4) of this section. This leave may be taken 12
either concurrently or consecutively to the other parent. 13
(7) A parent shall not be required to use compensatory time, sick leave, or annual 14
leave before being eligible to receive paid parental leave. 15
(8) Paid parental leave shall be used within six (6) months following the birth, 16
surrogacy, adoption, foster care placement, or kinship care placement of a child. 17
If the leave is not used before the end of the six (6) month period, the paid 18
parental leave shall lapse for that calendar year. 19
(9) Paid parental leave shall run concurrently with leave time available under the 20
Family and Medical Leave Act of 1993, 29 U.S.C. sec. 2601 et seq. 21
(10) An eligible employee pursuant to subsection (2) of this section shall submit a 22
completed request for paid parental leave to his or her employer at least thirty 23
(30) days prior to the first day of leave. If a thirty (30) day notice is not possible, 24
the employee shall submit a completed request to his or her employer for paid 25
parental leave within five (5) working days of the beginning of leave. 26
(11) An eligible employee shall submit written verification of the birth, adoption, or 27 UNOFFICIAL COPY 24 RS BR 248
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placement of child to his or her employer. 1
Section 2. KRS 18A.025 is amended to read as follows: 2
(1) The Governor shall appoint the secretary of personnel as provided in KRS 18A.015, 3
who shall be considered an employee of the state. The secretary shall be a graduate 4
of an accredited college or university and have at least five (5) years' experience in 5
personnel administration or in related fields, have known sympathies with the merit 6
principle in government, and shall be dedicated to the preservation of this principle. 7
Additional education may be substituted for the required experience and additional 8
experience may be substituted for the required education. 9
(2) The secretary of the Personnel Cabinet or the secretary's designee shall be 10
responsible for the coordination of the state's affirmative action plan established by 11
KRS 18A.138. 12
(3) There is established within the Personnel Cabinet the following offices, 13
departments, and divisions, each of which shall be headed by either a 14
commissioner, executive director, or division director appointed by the secretary, 15
subject to the prior approval of the Governor pursuant to KRS 12.040 or 12.050, 16
depending on the level of the appointment, except that the Kentucky Employees 17
Deferred Compensation Authority shall be headed by an executive director who 18
shall be appointed by the authority's board of directors: 19
(a) Office of the Secretary, which shall be responsible for communication with 20
state employees about personnel and other relevant issues and for the 21
administration and coordination of the following: 22
1. Office of Employee Relations, composed of the following programs: 23
a. Workers' Compensation Program pursuant to KRS 18A.375; 24
b. Sick leave Sharing Program, pursuant to KRS 18A.197; 25
c. Annual Leave Sharing Program, pursuant to KRS 18A.203; 26
d. Health and Safety Program; 27 UNOFFICIAL COPY 24 RS BR 248
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e. Employee Assistance Program; 1
f. Employee Incentive Programs, pursuant to KRS 18A.202; 2
g. Employee Mediation Program;[ and] 3
h. Living Organ Donor Leave Program, pursuant to KRS 18A.194; 4
and 5
i. Paid Parental Leave Program, pursuant to Section 1 of this Act; 6
2. Office of Administrative Services, which shall be responsible for the 7
Personnel Cabinet's administrative functions, composed of the following 8
programs: 9
a. Division of Technology Services; 10
b. Division of Human Resources; and 11
c. Division of Financial Services; 12
3. Office of Legal Services, which shall provide legal services to the 13
Personnel Cabinet and to executive branch agencies and their 14
representatives upon request; 15
4. Office of Diversity, Equality, and Training, which shall coordinate and 16
implement diversity initiatives for state agencies, the affirmative action 17
plan established by KRS 18A.138, the state Equal Employment 18
Opportunity Program, and the Minority Management Trainee Program; 19
5. Governmental Services Center, which shall be responsible for employee 20
and managerial training and organizational development; 21
6. Kentucky Public Employees Deferred Compensation Authority, which 22
shall maintain a deferred compensation plan for state employees; and 23
7. Office of Public Affairs, which shall assist in all aspects of developing 24
and executing the strategic direction of the cabinet; 25
(b) Department of Human Resources Administration, which shall be composed of 26
the: 27 UNOFFICIAL COPY 24 RS BR 248
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1. Division of Employee Management, which shall be responsible for 1
payroll, records, classification, and compensation. The division shall 2
also be responsible for implementing layoff plans mandated by KRS 3
18A.113 and shall monitor and assist state agencies in complying with 4
the provisions of the federal Fair Labor Standards Act. The division 5
shall: 6
a. Maintain the central personnel files mandated by KRS 18A.020 7
and process personnel documents and position actions; 8
b. Operate and maintain a uniform payroll system and certify 9
payrolls as required by KRS 18A.125; 10
c. Maintain plans of classification and compensation for state service 11
and review and evaluate the plans; and 12
d. Coordinate and implement the employee performance evaluation 13
systems throughout state government; and 14
2. Division of Career Opportunities, which shall be responsible for 15
employment counseling, applicant processing, employment register, and 16
staffing analysis functions. The division shall: 17
a. Operate a centralized applicant and employee counseling program; 18
b. Operate, coordinate, and construct the examination program for 19
state employment; 20
c. Prepare registers of candidate employment; and 21
d. Coordinate outreach programs, such as recruitment and the 22
Administrative Intern Program; and 23
(c) Department of Employee Insurance, which shall be responsible for the: 24
1. Health Insurance Program, pursuant to KRS 18A.225; 25
2. Flexible Benefit Plan, pursuant to KRS 18A.227; 26
3. Division of Insurance Administration, which shall be responsible for 27 UNOFFICIAL COPY 24 RS BR 248
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enrollment and service functions; 1
4. Division of Financial and Data Services, which shall be responsible for 2
fiscal and data analysis functions; and 3
5. Life Insurance Program pursuant to KRS 18A.205 to 18A.220. 4
(4) The cabinet shall include principal assistants appointed by the secretary, pursuant to 5
KRS 12.050 or 18A.115(1)(g) and (h), as necessary for the development and 6
implementation of policy. The secretary may employ, pursuant to the provisions of 7
this chapter, personnel necessary to execute the functions and duties of the 8
department. 9
Section 3. KRS 18A.110 is amended to read as follows: 10
(1) The secretary shall promulgate comprehensive administrative regulations for the 11
classified service governing: 12
(a) Applications and examinations; 13
(b) Certification and selection of eligibles; 14
(c) Classification and compensation plans; 15
(d) Incentive programs; 16
(e) Layoffs; 17
(f) Registers; 18
(g) Types of appointments; 19
(h) Attendance; hours of work; compensatory time; annual, court, military, sick, 20
voting, paid parental leave, living organ donor, and special leaves of absence, 21
provided that the secretary shall not promulgate administrative regulations 22
that would reduce the rate at which employees may accumulate leave time 23
below the rate effective on December 10, 1985; and 24
(i) Employee evaluations. 25
(2) The secretary shall promulgate comprehensive administrative regulations for the 26
unclassified service. 27 UNOFFICIAL COPY 24 RS BR 248
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(3) (a) Except as provided by KRS 18A.355, the secretary shall not promulgate 1
administrative regulations that would reduce an employee's salary; and 2
(b) As provided by KRS 18A.0751(4)(e), the secretary may submit a proposed 3
administrative regulation providing for an initial probationary period in excess 4
of six (6) months to the board for its approval. 5
(4) The secretary may promulgate administrative regulations to implement state 6
government's affirmative action plan under KRS 18A.138. 7
(5) (a) The administrative regulations shall comply with the provisions of this 8
chapter and KRS Chapter 13A, and shall have the force and effect of law after 9
compliance with the provisions of KRS Chapters 13A and 18A and the 10
procedures adopted thereunder; 11
(b) Administrative regulations promulgated by the secretary shall not expand or 12
restrict rights granted to, or duties imposed upon, employees and 13
administrative bodies by the provisions of this chapter; and 14
(c) No administrative body other than the Personnel Cabinet shall promulgate 15
administrative regulations governing the subject matters specified in this 16
section. 17
(6) Prior to filing an administrative regulation with the Legislative Research 18
Commission, the secretary shall submit the administrative regulation to the board 19
for review. 20
(a) The board shall review the administrative regulation proposed by the secretary 21
not less than twenty (20) days after its submission to it; 22
(b) Not less than five (5) days after its review, the board shall submit its 23
recommendations in writing to the secretary; 24
(c) The secretary shall review the recommendations of the board and may revise 25
the proposed administrative regulation if he or she deems it necessary; and 26
(d) After the secretary has completed the review provided for in this section, he or 27 UNOFFICIAL COPY 24 RS BR 248
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she may file the proposed administrative regulation with the Legislative 1
Research Commission pursuant to the provisions of KRS Chapter 13A. 2
(7) The administrative regulations shall provide: 3
(a) For the preparation, maintenance, and revision of a position classification plan 4
for all positions in the classified service, based upon similarity of duties 5
performed and responsibilities assumed, so that the same qualifications may 6
reasonably be required for, and the same schedule of pay may be equitably 7
applied to, all positions in the same class. The secretary shall allocate the 8
position of every employee in the classified service to one (1) of the classes in 9
the plan. The secretary shall reallocate existing positions, after consultation 10
with appointing authorities, when it is determined that they are incorrectly 11
allocated, and there has been no substantial change in duties from those in 12
effect when such positions were last classified. The occupant of a position 13
being reallocated shall continue to serve in the reallocated position with no 14
reduction in salary; 15
(b) For a pay plan for all employees in the classified service, after consultation 16
with appointing authorities and the state budget director. The plan shall take 17
into account such factors as: 18
1. The relative levels of duties and responsibilities of various classes of 19
positions; 20
2. Rates paid for comparable positions elsewhere taking into consideration 21
the effect of seniority on such rates; and 22
3. The state's financial resources. 23
Amendments to the pay plan shall be made in the same manner. Each 24
employee shall be paid at one (1) of the rates set forth in the pay plan for the 25
class of position in which he or she is employed, provided that the full amount 26
of the annual increment provided for by the provisions of KRS 18A.355, and 27 UNOFFICIAL COPY 24 RS BR 248
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the full amount of an increment due to a promotion, salary adjustment, 1
reclassification, or reallocation, shall be added to an employee's base salary or 2
wages; 3
(c) For the advertisement and acceptance of applications for at least five (5) days 4
for those positions to be filled by classified appointment or promotion. The 5
secretary may continue to receive applications and review applicants on a 6
continuous basis long enough to ensure a sufficient number of applicants; 7
(d) For the rejection of candidates or eligibles who fail to comply with reasonable 8
requirements of the secretary in regard to such factors as age, physical 9
condition, training, and experience, or who have attempted any deception or 10
fraud in connection with an examination; 11
(e) Except as provided by this chapter, for the appointment of a person whose 12
score is included in the five (5) highest scores earned on the examination; 13
(f) For annual, sick, and special leaves of absence, with or without pay, or 14
reduced pay, after approval by the Governor as provided by KRS 15
18A.155(1)(d); 16
(g) For layoffs, in accordance with the provisions of KRS 18A.113, by reasons of 17
lack of work, abolishment of a position, a material change in duties or 18
organization, or a lack of funds; 19
(h) For the development and operation of programs to improve the work 20
effectiveness of employees in the state service, including training, whether in-21
service or compensated educational leave, safety, health, welfare, counseling, 22
recreation, employee relations, and employee mobility without written 23
examination; 24
(i) For a uniform system of annual employee evaluation for classified employees, 25
with status, that shall be considered in determining eligibility for discretionary 26
salary advancements, promotions, and disciplinary actions. The administrative 27 UNOFFICIAL COPY 24 RS BR 248
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regulations shall: 1
1. Require the secretary to determine the appropriate number of job 2
categories to be evaluated and a method for rating each category; 3
2. Provide for periodic informal reviews during the evaluation period 4
which shall be documented on the evaluation form and pertinent 5
comments by either the employee or supervisor may be included; 6
3. Establish a procedure for internal dispute resolution with respect to the 7
final evaluation rating; 8
4. Permit a classified employee, with status, who receives either of the two 9
(2) lowest possible evaluation ratings to appeal to the Personnel Board 10
for review after exhausting the internal dispute resolution procedure. 11
The final evaluation shall not include supervisor comments on ratings 12
other than the lowest two (2) ratings; 13
5. Require that an employee who receives the highest possible rating shall 14
receive the equivalent of two (2) workdays, not to exceed sixteen (16) 15
hours, credited to his or her annual leave balance. An employee who 16
receives the second highest possible rating shall receive the equivalent 17
of one (1) workday, not to exceed eight (8) hours, credited to his or her 18
annual leave balance; and 19
6. Require that an employee who receives the lowest possible evaluation 20
rating shall either be demoted to a position commensurate with the 21
employee's skills and abilities or be terminated; and 22
(j) For other administrative regulations not inconsistent with this chapter and 23
KRS Chapter 13A, as may be proper and necessary for its enforcement. 24
(8) For any individual hired or elected to office before January 1, 2015, and paid 25
through the Kentucky Human Resources Information System, the Personnel 26
Cabinet shall not require payroll payments to be made by direct deposit or require 27 UNOFFICIAL COPY 24 RS BR 248
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the individual to use a web-based program to access his or her salary statement. 1
(9) To the extent that KRS 16.010 to 16.199, 16.080, and 16.584 and administrative 2
regulations promulgated by the commissioner of the Department of Kentucky State 3
Police under authority granted in KRS Chapter 16 conflict with this section or any 4
administrative regulation promulgated by the secretary pursuant to authority 5
granted in this section, the provisions of KRS Chapter 16 shall prevail. 6