...
Summary of differences between federal and state regulations
The federal Fair Labor Standards Act does not require payment for time not worked, nor does it regulate vacation pay, holiday pay, or other paid time off. These types of benefits are generally a matter of agreement between an employer and an employee (or the employee’s representative). Employers, however, do need to comply with applicable state laws.
Emergency service volunteers
Employers cannot terminate employees who are working in their capacity as volunteer firefighters, rescue squad members, emergency medical technicians, peace officers, or members of an emergency management agencies for being late or absent from employment while responding to an emergency before their scheduled start time at work.
The Wages and Hours chapter under the Kentucky Revised Statutes defines an “employer" as any person — whether individual, corporation, partnership, agency, or firm — that employs an employee. The definition includes any person, whether individual, corporation, partnership, agency, or firm, acting directly or indirectly in the interest of an employer in relation to an employee.
Employers may request an employee provide a written statement from the supervisor of the emergency response agency stating the employee responded to an emergency and listing the time and date of the emergency. An employer may charge any time employees are absent from work due to emergency response activities against the employee’s regular pay.
An employer cannot terminate an employee who is absent from work for 12 months or less due to an injury incurred in the line of duty. At the request of the employer, the employee should provide a written statement from his or her emergency service supervisor stating the employee was on active duty and assignment when the injury occurred. The employee should also, at the employer’s request, provide a written statement from at least one physician stating that the employee is injured and a date for the employee’s return to work.
Pregnancy accommodations
Effective June 27, 2019, under the Kentucky Pregnant Workers act, Kentucky employers with 15 or more employees are to provide reasonable accommodations for an employee’s limitations related to her pregnancy, childbirth, or related medical conditions, unless doing so poses an undue hardship.
Accommodations may include the following:
- More frequent or longer breaks,
- Time off to recover from childbirth,
- Acquisition or modification of equipment,
- Appropriate seating,
- Temporary transfer to a less strenuous or less hazardous position,
- Job restructuring,
- Light duty,
- Modified work schedule, and
- A private space other than a bathroom for expressing breast milk.
Employees must not be required to take leave if another accommodation can be provided.
A related medical condition includes, but is not limited to, lactation or the need to express breast milk for a nursing child.
An undue hardship is an action requiring significant difficulty or expense, considering factors such as the duration of the requested accommodation and whether similar accommodations are required by policy to be made, have been made, or are being made to other employees for any reason.
Employers are expected to engage in an interactive process with the employee, with a focus on identifying an effective reasonable accommodation.
Employers are to provide written notice of the employee’s rights upon hire, and to existing employees within 30 days after June 27, 2019. Employers must also post a notice describing these rights.
Jury duty
Kentucky law doesn’t require private employers to pay employees on jury duty.
Paid time off (PTO)
Kentucky law does not require vacation pay. However, if an employer chooses to provide paid time off benefits, it must follow the terms and conditions established in its policy.
Voting
Kentucky law allows employees four hours off to vote. Deductions of pay are not allowed. Employer may specify the time off. Employees must give notice before the day of election.
State
Contacts
None.
Regulations
None. See www.labor.ky.gov/dows/doesam/Pages/Frequently-Asked-Questions.aspx
Kentucky Revised Statutes Chapter 344, Civil Rights
www.lrc.ky.gov/Statutes/chapter.aspx?id=38920
Kentucky Administrative Regulations Title 104, Commission on Human Rights
www.lrc.state.ky.us/kar/title104.htm
Kentucky Pregnant Workers Act
19 RS SB 18/GA
Federal
Contacts
None.
Regulations
None.