Family, Medical and Parental Leaves Law Summaries
Kentucky, Family, Medical and Parental Leaves Law Summaries
While Kentucky has no general law dealing with family and medical leave, the state does have family and medical leave provisions for employees in the state service (101 KAR 2:102 and 101 KAR 3:015-for full text, see Employment-Practices ¶18-22,500). The state also has an adoption leave law located in the Kentucky Revised Statutes Annotated at Title XXVII, Chapter 337 (for full text, see Employment-Practices ¶18-22,750). Additionally, there are statutory provisions dealing with adoption leave and maternity leave for teachers (Title XIII, Chapter 161), and regulations providing for blood donation leave for state employees (101 KAR 2:102 and 101 KAR 3:015).
WHAT THE EMPLOYER MUST DO
Family and medical leave
State employees.- Appointing authorities must comply with the requirements of the federal Family and Medical Leave Act of 1993, and the regulations implementing the law (101 KAR 3:015 and 101 KAR 2:102, as amended effective July 17, 2000).
An employee in classified or unclassified state service will qualify for 12 weeks of unpaid family leave if the employee (101 KAR 3:015 and 101 KAR 2:102, as amended effective July 17, 2000):
completed 12 months of service; and
worked or was on paid leave at least 1,250 hours in the 12 months immediately preceding the first day of family and medical leave.
Family and medical leave will be awarded on a calendar year basis (101 KAR 3:015 and 101 KAR 2:102, as amended effective July 17, 2000).
While an employee is on unpaid family and medical leave, the state contribution for health and life insurance must be maintained by the employer (101 KAR 3:015 and 101 KAR 2:102, as amended effective July 17, 2000).
If the employee would qualify for family and medical leave, but has an annual, compensatory or sick leave balance, the agency may not designate the leave as FMLA leave until (101 KAR 3:015E and 101 KAR 2:102E, as amended effective July 17, 2000):
the employee's leave balance has been exhausted; or
the employee requests to reserve 10 days of accumulated sick leave and be placed on unpaid FMLA leave.
Adoption leave
Upon receiving a written request by an employee, every employer must grant reasonable personal leave not to exceed six weeks when the reception of an adoptive child under the age of seven is the reason for such request (Sec. 337.015).
Teachers.- There are also special adoption leave provisions for teachers (Title XIII, Secs. 161.155 and 161.770).
Maternity leave
Teachers.- While Kentucky has no maternity leave law of general application, the state does have special provisions for teachers (Title XIII, Sec. 161.770).
Blood donation leave
State employees.- A classified or unclassified employee who, during regular working hours, donates blood at a licensed blood center certified by the Food and Drug Administration, will receive four hours' leave time, with pay, for the purpose of donating and recuperating from the donation. Such leave must be used at the time of the donation unless circumstances as specified by the supervisor required the employee to return to work. If the employee returns to work, the unused portion of the leave time must be credited as compensatory leave. An employee must request leave in advance to qualify for blood donation leave. An employee who is deferred from donating blood may not be charged leave time for the time spent in the attempted blood donation, and does not qualify for the remainder of the blood donation leave (101 KAR 2:102 and 101 KAR 3:015, as amended effective July 17, 2000).
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