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Reversion Rights​ Frequently Asked Questions

For questions related to your specific position, contact your central human resources office.   Please click on the question below to view the response.

 

Reversion rights include the right to return to the last merit position in which you attained status in certain instances.KRS 18A.005(35)

In general, there are three situations in which an employee has the right to “revert” to a formerly held merit position.

  1. Promotion from a merit position with status to another position in the classified service: Upon the failure to complete a promotional probationary period, an employee shall revert to his or her former merit position.  KRS 18A.005(35).
  2. Detail to special duty from a merit position with status: Upon completion of an employee’s detail to special duty, the employee shall revert to his or her former merit position. 101 KAR 2:076(2).
  3. Separation of a career employee from a non-merit position, if the employee had previously attained merit status: If a “career employee” has previously attained status in a position in the classified service, he or she shall revert to a position in that class in the separating agency, if vacant. KRS 18A.130. For more information on the reversion rights of career employees, see KRS 18A.005(35)

Your appointing authority should notify you of your rights upon your separation from your position.

No.  You will be automatically placed in your previous position if it is vacant at the time you acquire reversion rights. If the position is not available, you will be notified of additional rights by your separating agency.

At the time of separation, there may be no vacant position in the same classification as your previous merit position. If this is the case, your agency will advise you that you may exercise your reemployment rights as discussed in the Reemployment Rights section. If the classification in which you last held merit status is no longer utilized within the state merit classification system, you will have reversion rights to a similar classification of like status, as determined by the Personnel Cabinet. KRS 18A.005(35) and KRS 18A.130(2)

 

Reemployment Rights Frequently Asked Questions​

 

Reemployment rights include the right to be considered for any open 18A merit position for which you qualify with the distinction of a “reemployment candidate.” No vacancy may be filled from a competitive register until all reemployment candidates on that register have been reemployed, interviewed, or properly considered. Additionally, reemployment candidates who are considered for a position and not reemployed receive notification of the decision, and the reemployment candidate may appeal this decision to the Personnel Board. KRS 18A.005(31), KRS 18A.113, and KRS 18A.135.

In general, there are only two types of employees who have reemployment rights.

  1. Merit employees laid off from a position in which they attained status (KRS 18A.113); and
  2. Career employees separated from a non-merit position other than for cause. KRS 18A.135.

Your appointing authority should notify you of your rights upon separation from your position in state government.

Yes. First, you must contact the Register Branch of the Personnel Cabinet, Division of Career Opportunities at 502-564-8030 to inform them of your intent to utilize your reemployment rights. Second, you must actively seek employment with state government. This means that you must actively apply to all open positions for which you qualify and for which you wish to be considered.

In general, you retain reemployment rights for a period of five (5) years from the date of separation, or until you “satisfy” your reemployment rights, whichever is sooner. However, some actions may adversely impact your reemployment rights. See KRS 18A.113 for a complete list of all actions that may adversely impact your reemployment rights.

The time at which your reemployment rights are satisfied depends upon whether or not you have previously attained merit status within state government.   Examples are listed below.

  1. If you were laid-off from a merit position, then your reemployment rights are satisfied when you attain a merit position with a base pay equal to or greater than the base pay you received in your previous merit position.
  2. If you were terminated from a non-merit position, then your reemployment rights are satisfied depending upon whether you previously attained merit status.
  3. If you previously attained merit status, then your reemployment rights are satisfied when you attain a merit position with a base pay equal to or greater than the base pay you received in your most recent merit position.      
  4. If you have not previously attained merit status, then your reemployment rights are satisfied when you attain any merit position.