An employee shall be granted a leave of absence by his or her employer for the period required to perform active duty or training in the National Guard of this or any other state. Upon the employee's release from a period of active duty or training, the employee shall be permitted to return to his or her former position of employment with the seniority, status, pay or any other rights or benefits he or she would have had if he or she had not been absent, except that no employer shall be required to grant an employee a leave of absence with pay.
KRS 38.238
Employer required to grant employee leave to serve in National Guard
Applied in 1 court decision — leading case Landis v. Pinnacle Eye Care, LLC (2008)
Most recently applied in Landis v. Pinnacle Eye Care, LLC (August 2008)
Effective: July 14, 2018 History: Amended 2018 Ky
Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.