10 Key Questions About Leave Laws in Kentucky

Kentucky leave laws are primarily governed by the federal Family and Medical Leave Act (FMLA), which provides eligible employees with up to 12 weeks of unpaid, job-protected leave for qualifying family and medical reasons.

Kentucky law also provides additional leave benefits for state employees, including state holidays, sick leave, annual leave, compensatory leave, military leave, court leave, blood donation leave, and living organ donor leave. Eligible state employees are also entitled to paid family leave for qualifying child-related reasons under the Kentucky HB771 Act.

Kentucky leave laws provide a range of paid and unpaid leave options for employees, which include:

• Family and Medical Leave: Under the federal FMLA, eligible employees can take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specific family and medical reasons, and up to 26 weeks in a 12-month period to care for a covered servicemember’s serious illness or injury. Certain state employees may also receive additional family medical leave benefits.
• Paid Family Leave for State Employees: The HB771 Act in Kentucky grants eligible state employees up to six weeks of paid leave for the birth, adoption, foster placement, or care of a serious health condition of a child.
• Jury Duty Leave: Employees in Kentucky are entitled to job-protected leave for jury service, though employers are not required to pay them for this time off. Instead, jurors receive $5 per day for jury service and reimbursement of $7.50 per day from the court.
• Court Leave for State Employees: Kentucky state employees receive paid court leave to serve as jurors or respond to a summons, plus traveling time to the court. However, the case must not be related to a private matter.
• Voting Leave: In Kentucky, employees are entitled to at least four hours off to vote or to apply for/execute an absentee ballot. Employees selected as election officers receive a full day off for training or serve on the election day. State employees are entitled to up to four hours of voting leave, and any unused voting leave can be credited as compensatory leave.
• Military Leave: Under the federal USERRA, Kentucky employees can take job-protected leave for military duty and training. State employees, who are active members of the United States military reserves or the National Guard, are entitled to 21 paid days of military leave per federal fiscal year for state and/or federal active duty orders. Spouses of active military members receive an additional one-day leave both before their spouse’s deployment and after their return from deployment.
• Holiday: State employees receive 12.5 paid holidays per year, plus an extra day off during presidential election years.
• Annual Leave: Eligible full-time state employees in Kentucky accrue 12-24 days of annual leave per year, based on their length of service. To qualify, the employee must have worked or been on paid leave (other than educational leave with pay) for at least 100 hours per month.
• Sick Leave: Eligible full-time state employees in Kentucky earn one day of sick leave per month, with an additional ten days of sick leave awarded after 120 and 240 months of service each. This leave can be used when the employee is sick or injured, or to attend a doctor’s appointment. To qualify, employees must have worked or been on paid leave (other than educational leave) for at least 100 hours per month.
• Blood Donation Leave: In Kentucky, certain state employees may receive up to four hours of paid leave for blood donation during work hours. Any unused portion of leave time can be credited as compensatory time.
• Compensatory Leave: In Kentucky, non-exempt, salaried state employees under FLSA rules earn hour-for-hour compensatory time off for hours worked between 37.5 and 40 per week, and 1.5 hours for each hour worked over 40, with the option to choose overtime pay for hours over 40 instead. Exempt state government employees earn hour-for-hour compensatory time for hours worked beyond their set schedule. Employees in policy-making positions can accrue up to 480 hours of compensatory time, while non-policy-making employees can accrue up to 240 hours max.
• Educational Leave: State employees in Kentucky may earn up to 24 months of paid or unpaid leave if they agree to sign a service commitment contract.
• Funeral and Bereavement Leave: Certain state employees in Kentucky are allowed five days of unpaid leave in the event of the death of an immediate family member, with the option to use any accrued paid leave.
• Living Organ Donor Leave: Full-time employees of certain branches of the Kentucky state government may receive 240 hours of paid leave for each organ donation and 40 hours for each bone marrow donation, but this leave is subject to approval.

The duration of a leave depends on the specific Kentucky leave law that applies:

• FMLA Leave: Up to 12 weeks of unpaid, job-protected leave in a 12-month period for family and medical reasons, and up to 26 weeks of military caregiver leave in a 12-month period
• Paid Family Leave for State Employees: Up to six weeks of paid leave
• Jury Duty Leave: For the duration of jury service
• Court Leave for State Employees: Paid leave for the time spent serving as a juror, responding to a summons, and traveling to court (if not a private matter)
• Voting Leave: At least four hours to vote, and a full day off for election officers. State employees receive up to four hours of voting leave
• Military Leave: For the duration of military service under USERRA. State employees receive 21 paid days per federal fiscal year for active duty, plus one paid day each before a spouse’s deployment and after the return of a spouse’s deployment
• Holiday: 12.5 paid holidays per year, and 13.5 paid holidays during a presidential election year, for state employees
• Annual Leave: 12-24 days per year, depending on years of service
• Sick Leave: One day per month, with additional days earned after extended service
• Blood Donation Leave: Up to four hours of paid leave
• Compensatory Leave: Non-exempt employees earn hour-for-hour leave for work between 37.5 and 40 hours a week, and 1.5 hours for each hour worked over 40, with the option to choose overtime pay over 40 hours instead. Exempt employees earn hour-for-hour leave for extra hours worked. The maximum allowed accrual is up to 480 hours for employees in policy-making positions and up to 240 hours for non-policy-making employees
• Educational Leave: Up to 24 months of paid or unpaid leave with a service commitment contract
• Funeral and Bereavement Leave: Five days of paid or unpaid leave
• Living Organ Donor Leave: 240 hours of paid leave for each organ donation and 40 hours for each bone marrow donation, subject to approval

Yes. In Kentucky, part-time employees may qualify for FMLA leave if they meet the federal eligibility requirements for hours worked and length of service.

In addition, certain part-time state employees who work for less than 100 hours a month are entitled to certain types of leave benefits, including:

Yes, eligible state employees in Kentucky get paid while on various types of leave, including state holidays, annual leave, sick leave, blood donation leave, court leave, compensatory leave, military leave, and voting leave.

State employees of certain branches may also qualify for paid organ and bone marrow donation leave if approved under the living organ donor leave program. In addition, certain state employees can receive six weeks of paid family leave for childbirth, adoption, foster care placement, or caring for a child’s serious health condition.

While employers in Kentucky are not required to pay employees for jury duty, jurors are paid $5 per day as service compensation, plus $7.50 per day as reimbursement for expenses by the court.

In Kentucky, employees on FMLA leave can keep their group health insurance under the same terms as if they were actively working, as long as they continue paying their share of premiums. If an employee drops coverage while on leave, their health benefits must be fully restored once they return.

Other benefits, such as life insurance, disability insurance, sick leave, vacation, pension, and retirement plans, must also be reinstated at the same level as before the leave began.

Military servicemembers protected under USERRA can choose to keep their employer-sponsored health insurance in Kentucky for up to 24 months during military service. Even if they drop coverage while on military leave, their health plan benefits must be reinstated without waiting periods or exclusions.

State employees on military leave in Kentucky also accrue seniority and remain eligible for pay raises as if they had been continuously working.

Yes. Eligible full-time state employees in Kentucky can carry over 30-60 days of accrued annual leave to the next year, depending on their length of service.

In addition, certain state employees can carry over earned compensatory leave,  with a maximum accumulation of 480 hours for those in policy-making positions and 240 hours for non-policy-making positions. Any compensatory leave beyond these limits may be paid out or adjusted according to state policy.

Under Kentucky’s at-will employment doctrine, employers can terminate employment at any time for any reason, or no reason at all, including while an employee is on leave.

But there are important exceptions. Employees can generally not be fired for exercising their right to a job-protected leave, such as FMLA leave, military leave, jury duty leave, and voting leave. However, employees can still be terminated for other legitimate, non-discriminatory reasons unrelated to their leave.

Yes, employees in Kentucky can quit their jobs while on leave, as Kentucky is an “at-will” employment state. This means that employees can quit at any time for any reason, or no reason at all, unless there is a specific employment contract stating otherwise.

If an employee’s leave rights have been violated in Kentucky, they can contact the Kentucky Department of Workplace Standards or pursue a civil action.

For jury duty leave rights violation, employees can sue the employer within 90 days to claim lost wages and be reinstated to the job with full seniority and benefits. The employee may also receive a reasonable attorney’s fee fixed by the court.

For FMLA violations, employees can file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD). They may also pursue a civil action against the employer.