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Kentucky Leave Law


In addition to rights under the federal Family and Medical Leave Act (FMLA) public employees in the State of Kentucky may qualify for a leave sharing program. Below is a brief description of this program.

If you are considering taking leave, consult with your Human Resource Office for additional details - preferably with a supervisor to help assure the accuracy of the information, and preferably get the advice in writing.

Who Is Eligible To Receive Shared Leave?

You may be permitted to receive share leave if:

  • You or a member of your immediate family suffers from a medically certified illness, injury, impairment, or physical or mental condition which has caused, or is likely to cause, you to go on leave for at least ten consecutive working days.
  • Your need for leave is certified by a licensed practicing physician;
  • You have used up all of your accumulated sick leave, annual leave and compensatory leave; and
  • You have followed all regulations governing the use of sick leave (including completion of an Application for Sick Leave Sharing).

Who Is An Immediate Family Member?

The definition of "immediate family" includes your spouse, mother, father, grandparent, son or daughter, or a person with whom you have a similarly close relationship and who has resided with you for at least thirty days or for whom you are legally responsible.

Who Is Eligible To Donate Leave?

A state employee who has accrued more than 75 hours of sick leave may request that his or her employer transfer a certain number of hours to another state employee.

Donating employees must keep at least 75 hours for their own use.

An employee may transfer leave to an eligible employee within the same agency, and, with permission, may transfer leave to an eligible employee in another state agency.

Is A Doctor's Note Required?

As stated above, you must have your need for leave certified by a licensed physician. In addition, if you have been on sick leave for 30 working days, your employer may require you to provide an updated medical certificate attesting to the continuing need for such leave.

What Happens to My Benefits While On Leave?

While you are on leave you will receive the same treatment with respect to salary, wages and benefits.

Researched and written by:

Lisa Gerson, Esq. McDermott Will & Emery LLP New York, NY 

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