101 KAR 1:395. Restoration from military duty.


      RELATES TO: KRS 61.371-61.379

      STATUTORY AUTHORITY: KRS Chapter 13A, 61.379

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 61.379 directs the Personnel Board to adopt administrative regulations to carry out the provisions of KRS 61.371 to 61.379. This administrative regulation will replace 101 KAR 1:390 which includes repetition of statutory language which is being repealed.


      Section 1. Restoration from Military Duty. (1) If an employee advises his employer that he is leaving his position to perform military duty, the employer shall advise the employee in writing of his rights under KRS 61.371 to 61.379.

      (2) An employee who returns from military duty and is denied restoration of employment shall be advised in writing of such denial by the employer.

      (3) The required notice of denial by the employer shall include the employee's right to appeal to the state personnel board within the time limits prescribed by KRS 413.160.

      (4) Appeals filed under this section shall be heard by the board pursuant to 101 KAR 1:365. (15 Ky.R. 1724; Am. 2009; eff. 3-8-89.)