Kentucky Family and Medical Leave

Section 3. Kentucky Family and Medical Leave.

(1) An appointing authority shall comply with the requirements of the Kentucky Family and Medical Leave Act (FMLA) of 1993, 20 U.S.C. 2601 – 2654, and the federal regulations implementing the Act, 29 C.F.R. Part 825.

(2) An employee in state service shall qualify for twelve (12) weeks of unpaid family leave if the employee has:
(a) Completed twelve (12) months of service; and
(b) Worked or been on paid leave at least 1,250 hours in the twelve (12) months immediately preceding the first day of family and medical leave.

(3) Kentucky family and medical leave shall be awarded on a calendar year basis.

(4) An employee shall be entitled to a maximum of twelve (12) weeks of unpaid Kentucky family and medical leave for the birth, placement, or adoption of the employee's child.

(5) While an employee is on unpaid Kentucky family and medical leave, the state contribution for health and life insurance shall be maintained by the employer.

(6) If the employee would qualify for Kentucky family and medical leave, but has an annual, compensatory, or sick leave balance, the agency shall not designate the leave as FMLA leave until:
(a) The employee’s leave balance has been exhausted; or
(b) The employee requests to reserve ten (10) days of accumulated sick leave and be placed on unpaid FMLA leave.

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