In addition to the federal Family and Medical Leave Act (FMLA), some states have their own comprehensive family leave laws that may also require employers to grant employees time off for the birth or adoption of a child or to care for a family member with a serious illness.
However, Kentucky does not have such a law.
Public employees. The state has adopted the provisions of the federal FMLA for state employees, with all the same privileges and requirements (KY Admin. Code Tit. 101 Sec. 2:102, Sec. 3:015).
State employees may also take sick leave without pay for their own injury or illness for a period of up to 1 year. To qualify for this leave, the employee must have used up all accumulated annual, sick, and compensatory leave, unless he or she has requested to retain up to 10 accumulated sick days. The employer may require periodic doctor's statements throughout the year.
The employer may also grant this leave to an employee, other than an interim employee, who does not qualify for family and medical leave due to lack of service time, and who has exhausted all accumulated paid leave. Leave for this purpose is limited to employees required to care for a member of their immediate family, for a period not to exceed 30 working days.
If an employee has given notice of his or her ability to return to work following sick leave without pay, the employee must be restored to the original position or to a position for which he or she is qualified and which resembles the former position as closely as circumstances permit.
For in-depth guidance on leave and other employment matters related to maternity and pregnancy: