780 KAR 3:100. Employee actions.

780 KAR 3:100. Employee actions.

RELATES TO: KRS 151B.035

STATUTORY AUTHORITY: KRS 151B.035(3)

NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035 requires the State Board for Adult and Technical Education to promulgate comprehensive administrative regulations with the provisions of KRS 151B.035. KRS 151B.035(3) specifies that the state board shall promulgate comprehensive administrative regulations for the certified and equivalent staff governing promotion, demotion, transfer, and reemployment. This administrative regulation establishes the method for determining an employee's work station and the requirements governing employee actions.

Section 1. Definition: Work Station. (1) The official work station of an employee assigned to an office shall be the street address where the office is located.

(2) The official work station of a field employee shall be that address to which the employee is assigned at the time of appointment to the employee's position.

(3) Each employee shall be assigned to a work station by the appointing authority.

(4) A work station may be changed to better meet the needs of the agency.

(5) An employee may be temporarily assigned to a different work station in a different county for a period of up to sixty (60) calendar days. The employee shall be reimbursed for his travel expenses in accordance with regulatory provisions and the appointing authority shall notify the employee in writing prior to the effective date of the action.

(6) An appointing authority may assign an employee to work in a different site within the county of employment. Reassignment within a county shall not be an appealable action.

Section 2. Promotion. Any employee in the certified and equivalent personnel system may be promoted to a position of greater scope of discretion and responsibility or to the unclassified system in the Department for Technical Education or Department for Adult Education and Literacy.

Section 3. Demotion. (1) An appointing authority shall demote an employee who makes a written request for voluntary demotion.

(2) The written request shall:

(a) Be on a completed Voluntary Transfer or Voluntary Demotion Form; and

(b) Include:

1. A statement of the reason for the request;

2. The effective date of the demotion;

3. Identifying information concerning the position demoted from and to; and

4. A waiver of the right of appeal concerning the demotion.

(3) A copy of the request shall be placed in the employee's official file.

Section 4. Transfer. (1) Any employee in the certified and equivalent personnel system may be transferred from one office to another and from one (1) district to another.

(2)(a) Transfers shall be on a voluntary or involuntary basis.

(b) Unless an employee requests a transfer in writing, the transfer shall be deemed to have been made on an involuntary basis.

(3)(a) If the transfer is on an involuntary basis, the employee shall receive written notice of his transfer prior to the effective date of the transfer.

(b) Following notification of an involuntary transfer, an employee shall report for work at the work station to which transferred on the effective date of the transfer.

1. State:

a. The effective date of the transfer;

b. The reason for the employee's selection for transfer;

c. The new work station; and

d. The employee's obligation to report to the new work station; and

2. Advise the employee that he has the right to appeal the transfer to the State Board for Adult and Technical Education within thirty (30) days of receipt of the notice excluding the day that he received notification.

(d) When the employee is notified, copies of the notice shall be forwarded to the Commissioner of the Department for Technical Education or the Department for Adult Education and Literacy.

(4) If an involuntary transfer is to a position with a work station in a different county, the following provisions shall apply:

(a) The employee shall receive the notice specified in subsection (3) of this section at least thirty (30) days prior to the effective date of the transfer.

(b) The appointing authority shall pay the employee's moving and travel expenses following transfer for thirty (30) days following the effective date of transfer in accordance with 200 KAR 2:006.

(c) The notice required by subsection (3) of this section shall advise the employee of the provisions of this subsection.

(5)(a) If an employee with status requests in writing that he be transferred, the appointing authority may make a voluntary transfer.

(b) The written request shall:

1. Be on a completed Voluntary Transfer or Voluntary Demotion Form; and

2. Include:

a. A statement of the reason for the request;

b. The effective date of the transfer;

c. Identifying information concerning the position transferred from and to; and

d. A waiver of the right to appeal concerning the transfer.

(c) A copy of this request shall be forwarded to the Commissioner of the Department for Technical Education or the Department for Adult Education and Literacy.

Section 5. Reemployment. Reemployment in the certified and equivalent personnel system shall occur in accordance with KRS 151B.080. Former employees on a reemployment list shall meet all qualifications in order to be considered for a position.

Section 6. Resignations and Retirements. (1) An employee who desires to terminate his service with the state shall submit a written resignation or notice of retirement to the appointing authority.

(2) A resignation or notice of retirement shall be submitted at least thirty (30) calendar days before the final working day. A copy of an employee's resignation shall be attached to the advice effecting the separation and be filed in the employee's service record in the department.

(3) Failure of an employee to give thirty (30) calendar days notice with his resignation or notice of retirement may result in forfeiture of accrued annual leave.

(4) Part-time hourly employees who have not worked for six (6) months shall be deemed to have resigned.

Section 7. Temporary Overlap. The appointing authority may place an employee in a position currently occupied by another employee for a period not to exceed sixty (60) calendar days for training purposes.

Section 8. Retirement. If an employee voluntarily retires, he shall be considered as separated without prejudice.

Section 9. Incorporation by Reference. (1) "Voluntary Transfer or Voluntary Demotion" form, 04-15-94, Personnel Cabinet, is incorporated by reference.

(2) This material may be inspected, copied, or obtained at the Cabinet for Workforce Development, 500 Mero Street, Second Floor, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. through 4:30 p.m. (17 Ky.R. 743; eff. 10-14-90; Am. 26 Ky.R. 2028; 27 Ky.R. 107; eff. 7-17-2000.)