Because terms found in this section are used by Personnel 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 the agency head has authorized by law 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/her designee. The designation of an appointing authority must be filed with the Secretary of Personnel prior to exercising the appointing authority.
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 of both. SEE KRS 18A.005(4); 18A.115(4); 18A.135.
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)
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.
CLASSIFIED EMPLOYEE—A merit employee serving in a classified position and subject to the provisions of KRS 18A.
CLASSIFIED POSITION—A position in the classified service; a merit system position.
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).]
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, or 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).
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.
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 workdays 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.
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.
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, laid-off or disciplined.
PERSONNEL CABINET—The central agency created by law to review and make final administrative decisions on personnel actions proposed or taken by an appointing authorities. This agency is also responsible for administering the statewide classification plan, compensation plan, applicant testing, payroll processing and many of the employee benefit programs.
PERSONNEL ADMINISTRATOR—The agency or department employee(s) responsible for personnel administration.
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 occurs. [SEE KRS 18A.005 (29).]
RE-EMPLOYMENT—The rehiring of an employee with status who has been laid-off. [SEE KRS 18A.005 (30).]
REINSTATEMENT—The restoration of an employee who has resigned in good standing, 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).]
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.