UNOFFICIAL COPY 25 RS BR 1304 Page 1 of 4 XXXX 2/19/2025 9:57 AM Jacketed AN ACT relating to employment. 1 Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2 SECTION 1. A NEW SECTION OF KRS CHAPTER 336 IS CREATED TO 3 READ AS FOLLOWS: 4 (1) Subject to KRS 18A.140 and 61.080, an employer of seventy-five (75) or more 5 persons shall not demote, dismiss, discipline, or in any way discriminate against 6 an employee because he or she is: 7 (a) A candidate for membership of: 8 1. The General Assembly; 9 2. A legislative body of a city; 10 3. A consolidated local government council; 11 4. An urban-county government council; 12 5. A legislative body of a charter county government; or 13 6. A legislative body of a unified local government; 14 (b) Currently serving as a member of: 15 1. The General Assembly; 16 2. A legislative body of a city; 17 3. A consolidated local government council; 18 4. An urban-county government council; 19 5. A legislative body of a charter county government; or 20 6. A legislative body of a unified local government; 21 (c) A member-elect to: 22 1. The General Assembly; 23 2. A legislative body of a city; 24 3. A consolidated local government council; 25 4. An urban-county government council; 26 5. A legislative body of a charter county government; or 27 UNOFFICIAL COPY 25 RS BR 1304 Page 2 of 4 XXXX 2/19/2025 9:57 AM Jacketed 6. A legislative body of a unified local government; or 1 (d) Absent from work to perform member or member-elect duties of: 2 1. The General Assembly; 3 2. A legislative body of a city; 4 3. A consolidated local government council; 5 4. An urban-county government council; 6 5. A legislative body of a charter county government; or 7 6. A legislative body of a unified local government. 8 (2) Any employee elected or appointed, if applicable, to any qualifying office under 9 subsection (1) of this section may request a leave of absence, and any employer 10 subject to subsection (1) of this section shall grant the request. The leave of 11 absence: 12 (a) May be paid or unpaid; and 13 (b) Shall not exceed: 14 1. Three (3) terms of office for a member of the House of 15 Representatives; 16 2. Two (2) terms of office for a member of the Senate; or 17 3. Two (2) terms of office for a member of a legislative body of a city, 18 consolidated local government council, urban county government 19 council, legislative body of a charter county government, or legislative 20 body of a unified local government. 21 (3) Nothing in subsection (2) of this section shall be construed to: 22 (a) Prevent the employee from working and being compensated for time worked 23 during the leave of absence; or 24 (b) Impair the employee's seniority rights of the job. 25 Section 2. KRS 336.990 is amended to read as follows: 26 (1) Upon proof that any person employed by the Education and Labor Cabinet as a 27 UNOFFICIAL COPY 25 RS BR 1304 Page 3 of 4 XXXX 2/19/2025 9:57 AM Jacketed labor inspector has taken any part in any strike, lockout or similar labor dispute, the 1 person shall forfeit his or her office. 2 (2) The following civil penalties shall be imposed, in accordance with the provisions in 3 KRS 336.985, for violations of the provisions of this chapter: 4 (a) Any person who violates KRS 336.110 or 336.130 shall for each offense be 5 assessed a civil penalty of not less than one hundred dollars ($100) nor more 6 than one thousand dollars ($1,000); 7 (b) Any corporation, association, organization, or person that violates KRS 8 336.190 and 336.200 shall be assessed a civil penalty of not less than one 9 hundred dollars ($100) nor more than one thousand dollars ($1,000) for each 10 offense. Each act of violation, and each day during which such an agreement 11 remains in effect, shall constitute a separate offense; 12 (c) Any employer who violates the provisions of KRS 336.220 shall be assessed a 13 civil penalty of not less than one hundred dollars ($100) nor more than one 14 thousand dollars ($1,000) for each violation; and 15 (d) Any labor organization who violates KRS 336.135 shall be assessed a civil 16 penalty of not less than one hundred dollars ($100) nor more than one 17 thousand dollars ($1,000) for each offense. 18 (e) Any public employer or labor organization that violates KRS 161.158, 19 164.365, 336.133, 336.134, 336.1341, 336.135, or 336.180 shall be assessed a 20 civil penalty of not less than one hundred dollars ($100) nor more than one 21 thousand dollars ($1,000) for each offense. 22 (f) Any employer who violates Section 1 of this Act shall be assessed a civil 23 penalty of not less than one hundred dollars ($100) nor more than one 24 thousand dollars ($1,000) for each offense. 25 (3) Any labor organization, employer, or other person who directly or indirectly 26 violates KRS 336.130(3) shall be guilty of a Class A misdemeanor. 27 UNOFFICIAL COPY 25 RS BR 1304 Page 4 of 4 XXXX 2/19/2025 9:57 AM Jacketed (4) Any person aggrieved as a result of any violation or threatened violation of KRS 1 336.130(3) or Section 1 of this Act may seek abatement of the violation or 2 threatened violation by petitioning a court of competent jurisdiction for injunctive 3 relief and shall be entitled to costs and reasonable attorney fees if he or she prevails 4 in the action. 5 (5) Any person injured as a result of any violation or threatened violation of KRS 6 336.130(3) or Section 1 of this Act may recover all damages resulting from the 7 violation or threatened violation and shall be entitled to costs and reasonable 8 attorney fees if he or she prevails in the action. 9