780 KAR 6:080. Employee actions.

      RELATES TO: KRS 151B.035

      STATUTORY AUTHORITY: KRS 151B.035

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035 requires the State Board for Adult and Technical Education to promulgate comprehensive administrative regulations consistent with the provisions of KRS 151B.035. KRS 151B.035 specifies that the state board promulgate administrative regulations for the unclassified service staff governing promotion, demotion, transfer, and reemployment.

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

      (2) The official work station of a field employee is 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. A work station may be changed to better meet the needs of the agency. 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, provided that such employee is reimbursed for his travel expenses in accordance with regulatory provisions and the appointing authority notifies the employee in writing prior to the effective date of the action. Nothing within this administrative regulation shall be construed as prohibiting the appointing authority from assigning an employee to work in a different site within the county of employment.

      Section 2. Promotion. (1) Vacancies may be filled by promotion whenever practicable and in the best interest of the service.

      (2) Any continuing status employee promoted from the certified and equivalent personnel system retains his status in the certified and equivalent system. If at the time of reversion no vacancy exists in the position of the former class, then status Section 14 of HB 814 (1990 RS) pertaining to layoff shall apply. He shall be considered for employment in any vacant position for which he is qualified pursuant to Section 8 of HB 814 (1990 RS).

      Section 3. Demotion. (1) An employee may request a voluntary demotion in writing from the appointing authority. A copy of the request shall be placed in the employee's official file.

      (2) The commissioner may make involuntary demotions when deemed necessary to further the best interest of the department.

      Section 4. Transfer. An employee appointed in accordance with KRS 12.050 cannot be transferred. Any other employee in the unclassified service may be transferred from one position to another in the unclassified service by the appointing authority with written notice. If the transfer is on an involuntary basis, the employee shall receive notice of his transfer. 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. The notice shall be in writing, shall state the effective date of the transfer, the reason for the employee's selection for transfer, and the employee's obligation to report to the new work station.

      Section 5. Resignations. An employee who desires to terminate his service with the state shall submit a written resignation to the appointing authority. Resignations shall be submitted at least fourteen (14) 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. Failure of an employee to give fourteen (14) calendar days notice with his resignation may result in forfeiture of accrued annual leave.

      Section 6. Temporary Overlap. The appointing authority for training purposes may place an employee in a position currently occupied by another employee for a period not to exceed sixty (60) calendar days.

      Section 7. If an employee voluntarily retires, he is considered as separated without prejudice. (17 Ky.R. 1286; eff. 12-9-90.)