(1) A state employee who is authorized to work one (1) or more hours in excess of the prescribed hours of duty shall be granted compensatory leave on an hour-for-hour basis. Upon the written request of an employee who is not exempt from the provisions of the Federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., an appointing authority may grant compensatory time, in lieu of overtime pay, at the rate of one and one-half (1.5) hours for each hour the employee is authorized to work in excess of forty (40) hours in a work week. An employee who is transferred or otherwise changed from the jurisdiction of one agency to another shall retain his compensatory leave in the receiving agency.
(2) An employee in a position listed in KRS § 18A.115(1)(d), (e), (f), (g), (h), (i), or (k) shall not be eligible to receive any level of block payment for compensatory leave hours, except as provided in subsection (3) of this section.

Terms Used In Kentucky Statutes 18A.195

  • Appointing authority: means the agency head or any person whom he or she 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. See Kentucky Statutes 18A.005
  • branch budget: means an enactment by the General Assembly which provides appropriations and establishes fiscal policies and conditions for the biennial financial plan for the judicial branch, the legislative branch, and the executive branch, which shall include a separate budget bill for the Transportation Cabinet. See Kentucky Statutes 446.010
  • Eligible: refers to a person who has made a passing score on any examination required under KRS §. See Kentucky Statutes 18A.005
  • Employee: means a person regularly appointed to a position in the state service for which he or she is compensated on a full-time, part-time, or interim basis. See Kentucky Statutes 18A.005
  • Federal: refers to the United States. See Kentucky Statutes 446.010
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Position: means an office or employment in an agency (whether part-time, full- time, or interim, occupied, or vacant) involving duties requiring the services of one (1) person. See Kentucky Statutes 18A.005
  • State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010

(3) Any employee who leaves state service shall be paid for the balance of unused compensatory time not to exceed two hundred forty (240) hours.
Effective: April 13, 2010
History: Amended 2010 Ky. Acts ch. 153, sec. 12, effective April 13, 2010. — Amended 2000 Ky. Acts ch. 495, sec. 4, effective July 14, 2000. — Amended 1994
Ky. Acts ch. 180, sec. 3, effective July 15, 1994. — Repealed, reenacted, and amended as KRS § 18A.195, 1982 Ky. Acts ch. 448, sec. 39, effective July 15, 1982. –
– Amended 1978 Ky. Acts ch. 269, sec. 9, effective June 17, 1978. — Created 1972
Ky. Acts ch. 46, sec. 1.
Formerly codified as KRS § 18.360.
2022-2024 Budget Reference. See State/Executive Branch Budget, 2022 Ky. Acts ch.
199, Pt. I, C, 2, (1) at 1658.