Because terms found in this section are used by Human Resource Administrators and agencies in very limited and technical ways, you should refer to this section whenever someone uses one of them. Remember, this is only an informational booklet. You should refer to the appropriate law or regulation for more precise information. The statutes governing the Merit System are in KRS Chapter 18A. The regulations are in 101 KAR Chapters 1-3.
AGENCY: An administrative body created by the Kentucky Constitution or by the legislature or governor under the provisions of law to carry out or perform governmental services required by the constitution or state law. (Example: Commission on Human Rights)
APPOINTING AUTHORITY: The agency head or any person who he has authorized by law to designate to act on behalf of the agency with respect to employee appointments, position establishments, payroll documents, register requests, waiver requests, requests for certification, or other position actions. Such designation shall be in writing and signed by both the agency head and his designee. Prior to the exercise of appointing authority, such designation shall be filed with the secretary.
BASE SALARY OR WAGES: The compensation to which an employee is entitled under the salary schedules adopted pursuant to the provisions of KRS 18A.030 and 18A.110. Base salary or wages shall be adjusted as provided under the provisions of KRS 18A.355 and 48.130.
BOARD: The Personnel Board created by KRS 18A.045.
CABINET: The Personnel Cabinet provided for in KRS 18A.015, unless the context indicates otherwise.
CAREER EMPLOYEE: A state employee with (16) or more years of permanent full-time state service, or the part-time employment equivalent of at least (16) years of full-time state service. The service may have been in the classified service, the unclassified service or a combination thereof. SEE KRS 18A.005(4); 18A.115(4); 18A.135.
CERTIFICATION: The referral of the name of one (1) or more qualified prospective employees by the secretary on request of an appointing officer for consideration in filling a position in the classified service.
CLASS: A group of positions sufficiently similar as to duties performed, scope of discretion and responsibility, minimum requirements of training, experience or skill, and such other characteristics that the same title, the same tests of fitness, and the same schedule of compensation have been or may be applied to each position in the group. SEE KRS 18A.005 (6)
CLASSIFIED EMPLOYEE: An employee appointed to a position in the classified service whose appointment and continued employment are subject to the classified service provisions of KRS 18A.
CLASSIFIED POSITION: A position in the executive branch of state government that is not exempt from the classified service under KRS Chapter 16, KRS 18A.115, KRS Chapter 151B, or any other provision of law.
CLASSIFIED SERVICE: Includes all the employment subject to the terms of KRS Chapter 18A except for those positions expressly cited in KRS 18A.115; a "classified position" is a position in the classified service. [SEE KRS 18A.005 (9).]
CLASS SPECIFICATION: The standard developed by the Personnel Cabinet that states the class title, title code, selection method, information, salary information, characteristic of the class, minimum requirements, examples of duties and responsibilities, date established, and last revision.
ELIGIBLE: Refers to a person who has made a passing score on any examination required under KRS 18A.010 to 18A.200 and who has qualified to be placed on a register.
EMPLOYEE: A person regularly appointed to a position in the state service for which he is compensated on a full-time, part-time, or interim basis.
DEMOTION: A change in the rank of an employee from a position in one class to a position in another class having a lower minimum salary range and less discretion or responsibility. [SEE KRS 18A.005 (11).]
DETAIL TO SPECIAL DUTY: The temporary assignment of an employee to a vacant position other than that to which he is regularly assigned; is limited to no more than one year. Requires the approval of the Secretary of Personnel.
DISMISSAL: The involuntary termination of an employee from state government. Unclassified employees and employees serving initial probation may be dismissed without cause. Classified employees with status may be dismissed for cause only. An employee (classified or unclassified) dismissed for cause may appeal to the Personnel Board.
EXEMPT POSITION: A position defined as "EXEMPT" under the Fair Labor Standards Act (FLSA) is not covered by the overtime provisions of this Act. (See Compensatory Leave and Overtime Pay).
FEDERALLY FUNDED POSITION: A full-time or part-time position in which the unclassified employee is eligible for benefits at the same level as a classified employee in a permanent position.
FEDERALLY FUNDED TIME-LIMITED EMPLOYEE: An employee in the unclassified service, appointed to a position that is funded one hundred percent (100%) by a federal grant or grants. An employee appointed to a federally funded time-limited position shall be required to meet the minimum requirement for the classification in which he or she is hired and, subject to the provisions of KRS 18A.113, shall serve at the pleasure of the appointing authority during a period of time that shall not exceed the life of the federal grant that funds the position. A federally funded time-limited employee who has been aggrieved by notice of disciplinary action or termination, other than an action based on expiration of the federal grant funding, may petition the appointing authority of the agency for the opportunity to be heard by the appointing authority or his designee prior to the effective date of the disciplinary action or termination. The decision of the appointing authority shall be final except as provided by KRS 18A.095(14) and 18A.140. A federally funded time-limited employee shall not have the right of appeal to the Personnel Board except as provided by KRS 18A.095(14) and 18A.140..
FULL-TIME EMPLOYEE: An employee in a full-time position.
FULL-TIME POSITION: A position, other than an interim position, requiring an employee to work at least thirty-seven and one-half (37.5) hours in a work week, except for the following:
a) Position in the state parks, where the work is assigned is dependent upon
fluctuations in tourism, may be assigned work hours from twenty-five (25) hours per week during the off seasons and remain in full-time positions; and
b) Positions in health care facilities, which regularly involve three (3) consecutive days of twelve (12) hour shifts to cover weekends, shall be considered full-time.
GRADE CHANGE: The assignment of a different pay grade to a class of positions based upon a change in relation to other classes or to labor market conditions. May be to a higher or lower pay grade.
HUMAN RESOURCE ADMINISTRATOR: The agency or department employee(s) responsible for personnel administration.
INITIAL PROBATION: The period of service following initial appointment of any position under KRS 18A.010 to 18A.200 which requires special observation and evaluation of an employee’s work and which must be passed successfully before status may be conferred as provided in KRS 18A.110 and by the provisions of this chapter. If the appointee is granted leave in excess of twenty (20) consecutive work days during this period, initial probation shall be extended for the same length of time as the granted leave to cover such absence. "Initial probation" does not include a probationary period served by a laid-off employee who accepts a bona fide written offer of appointment. [SEE KRS 18A.005 (19).]
INTERIM EMPLOYEE: An unclassified employee without status who has been appointed to an interim position that shall be less than nine (9) months duration.
INTERIM POSITION: A position established to address a one-time or recurring need of less than nine (9) months duration and exempt from the classified service under KRS 18A.115.
KAR: The Kentucky Administrative Regulations that regulate agency implementation of programs within limits set by statutes.
KRS 18A: The Kentucky Revised Statutes dealing with state personnel and the merit system.
NON-EXEMPT POSITION (and employee occupying): An employee in a position defined as "NON-EXEMPT" under the Fair Labor Standards Act (FLSA) is entitled to receive time and a half for each hour worked over forty hours in a workweek. The employee has the option of being paid for the extra hours or may choose to receive compensatory time. This option may only be changed every six (6) months.
P-1 (Personnel Action): The document, which when approved, notifies an employee of an action affecting his/her status, pay, position, classification or other condition of employment.
PART-TIME EMPLOYEE: An employee in a part-time position.
PART-TIME POSITION: A position, other than an interim position, requiring an employee to work less than one hundred (100) hours per month.
PD (Position Description): The official document that describes the tasks and responsibilities assigned to a specific position. This document is used in determining the job class a position is assigned.
PENALIZATION: Includes, but is not limited to, demotion, dismissal, suspension, fines and other disciplinary actions, involuntary transfers; salary adjustments; any action that diminishes the level, rank, discretion, or responsibility of an employee without proper cause, including a reclassification or reallocation; and the abridgement or denial of other rights granted to state employees.
PERSONNEL BOARD: The agency created by law to conduct hearings on appeals filed by employees who allege that they have been penalized by their employer (agency) in a manner that violates KRS 18A and the personnel administrative regulations. The Personnel Board also writes regulations governing how employees may be promoted, transferred, demoted, or disciplined.
PERSONNEL CABINET: The central agency created by law to administer and implement the state merit system and provide guidance to all other agencies on acceptable human resource practices. This agency is also responsible for administering the statewide classification plan, compensation plan, payroll and personnel processing, employment opportunities, health insurance, life insurance, and many other employee benefit programs.
POSITION: An office or employment in an agency (whether full-time, part-time, interim, occupied or vacant) involving duties requiring the services of one (1) person. [SEE KRS 18A.005 (25).]
PROMOTION: A change of rank of an employee from a position in one class to a position in another class having a higher minimum salary or carrying a greater scope of discretion or responsibility. [SEE KRS 18A.005 (26).]
PROMOTIONAL PROBATION: The period of service (consistent with the length of the initial probationary period) following the promotion of an employee with status which must be successfully completed in order for the employee to retain the position to which he/she has been promoted. If the employee is granted leave of more than twenty (20) consecutive workdays during this period, the promotional probation shall be extended for the same length of time as the granted leave to cover such absence. [SEE KRS 18A.005 (27).]
REALLOCATION: The correction of the classification of an existing position by placement of the position into the classification that is appropriate for the duties the employee has been performing and shall continue to perform. [SEE KRS 18A.005 (28).]
RECLASSIFICATION: The change in the classification of an employee when a material and permanent change in the duties or responsibilities of that employee has been assigned in writing by the appointing authority. [SEE KRS 18A.005 (29).]
RE-EMPLOYMENT: The rehiring of an employee with status who has been laid-off. [SEE KRS 18A.005 (30).]
RE-EMPLOYMENT REGISTER: The separate list of names of persons who have been separated from state service by reason of layoff. Re-employment registers shall be used as provided by the provisions of KRS 18A.110, 18A.130, and 18A.135.
REGISTER: Any official list of eligibles for a particular class and, except as provided in this chapter (KRS 18A), placed in rank order according to the examination scores maintained for use in making original appointments or promotions to positions in the classified service.
REINSTATEMENT: The privilege of restoration of an employee who has resigned in good standing at the option of the appointing authority, or who has been ordered reinstated by the Personnel Board or a court to a position in his/her former class, or to a position of like status and pay. [SEE KRS 18A.005 (33).]
REVERSION: Either the returning of a status employee to his or her last position held in the classified service, if vacant, or the returning of a status employee to a vacant position in the same or similar job classification as his or her last position held in the classified service. Reversion occurs after a career employee is terminated other than for cause from the unclassified service or after a status employee fails to successfully complete promotional probation, or in the case of a career employee after termination from the unclassified service, may only be appealed to the Personnel Board under KRS 18A.095(12).
SECRETARY: The secretary of the Personnel Cabinet as provided for in KRS 18A.015.
SENIORITY: The total number of months of state service.
STATUS: The acquisition of tenure with all rights and privileges granted by the provisions of KRS 18A after satisfactory completion of the initial probationary period by an employee in the classified service. [SEE KRS 18A.005 (36).]
TRANSFER: A movement of any employee from one position to another of the same grade having the same salary ranges, the same level of responsibility within the classified service, and the same salary received immediately prior to transfer. [SEE KRS 18A.005 (37).]
UNCLASSIFIED EMPLOYEE: An employee serving in an unclassified ("non-merit") position.
UNCLASSIFIED POSITION: A position in the unclassified service.
UNCLASSIFIED SERVICE: All the employment cited by KRS 18A.115 and therefore exempted from the classified service.