Kentucky Revised Statutes

Ky. Rev. Stat. § 18A.111 (2026)

Probationary periods for classified service -- Initial and promotional

✓ current as of May 2026

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(1) Except when appointed to a job classification with an initial probationary period in excess of six (6) months, and except as provided in KRS 18A.005 and this section, an employee shall serve a six (6) months probationary period when he is initially appointed to the classified service. An employee may be separated from his position, reduced in class or rank, or replaced on the eligible list during this initial probationary period and shall not have a right to appeal, except as provided by KRS 18A.095. The employee may be placed on an eligible list but shall not be certified to the agency from which he was separated unless that agency so requests. Unless the appointing authority notifies the employee prior to the end of the initial probationary period that he is separated, the employee shall be deemed to have served satisfactorily and shall acquire status in the classified service.

(2) An employee who satisfactorily completes the initial probationary period for the position to which he was initially appointed to the classified service shall be granted status and may not be demoted, disciplined, dismissed, or otherwise penalized, except as provided by the provisions of this chapter.

(3) An employee ordered reinstated by the board shall not be required to serve a probationary period unless the board rules otherwise.

(4) An employee with status, who has been promoted, shall serve a promotional probationary period of six (6) months, except for those employees granted leave in excess of twenty (20) consecutive work days during this period. Such probationary periods shall be extended as prescribed in KRS 18A.005. During this period, he shall retain the rights and privileges granted by the provisions of this chapter to status employees.

(5) An employee with status may request that he be reverted to a position in his former class at any time during the promotional probationary period.

(6) A laid-off employee who accepts a bona fide written offer of appointment to a position shall not be required to serve an initial probationary period. He shall be an employee with status and shall have all rights and privileges granted employees with status under the provisions of this chapter.

(7) A former unclassified employee under KRS 18A.115(1)(d), (e), (f), (g), (h), or (i) shall serve an initial probationary period of twelve (12) months if the employee is appointed to a position in the classified service, unless that employee had previously had status in the classified service or had been separated from his or her previous unclassified position for at least one hundred eighty (180) days prior to the effective date of his or her appointment to the classified service.

(8) Notification to an employee on initial or promotional probation of the reason the probationary employment has been terminated by the appointing authority shall not confer a right to appeal to the board. Effective: April 13, 2010 History: Amended 2010 Ky. Acts ch. 153, sec. 9, effective April 13, 2010. -- Amended 2002 Ky. Acts ch. 122, sec. 3, effective July 15, 2002. -- Amended 1998 Ky. Acts ch. 154, sec. 26, effective July 15, 1998. -- Amended 1988 Ky. Acts ch. 203, sec. 4, effective July 15, 1988. -- Created 1986 Ky. Acts ch. 494, sec. 2, effective July 15, 1986. 2024-2026 Budget Reference. See State/Executive Branch Budget, 2024 Ky. Acts ch. 175, Pt. I, C, 2, (1) at 1832.

Notes of Decisions

Cited in 5 cases, 1995–2010 · leading case: Fletcher v. Graham, 192 S.W.3d 350 (Ky. 2006).

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Fletcher v. Graham, 192 S.W.3d 350 (Ky. 2006). · cites it 4× “*372 KRS 18A.111. Probationary periods for classified serviceInitial and promotional.”

Faust v. Commonwealth, 142 S.W.3d 89 (Ky. 2004). · cites it 2× “See KRS 18A.111. Although we are not unsympathetic to the plight of Faust, terminated less than two months before he reached his twenty-seventh year of state service, we must limit his reversion rights to those delineated by statute, rather than those we may wish he had…”

Turbyfill v. Exec. Branch Ethics Comm'n, 303 S.W.3d 124 (Ky. Ct. App. 2010). “095, KRS 18A.111, KRS 18A.140, KRS 18A.990, KRS 522.”

Hart v. Pers. Bd., 905 S.W.2d 507 (Ky. Ct. App. 1995). · cites it 5× “KRS 18A.111; 101 KAR 1:325. The probationary period was designed to assess each employee’s performance in facilitating the implementation of KERA.”

Back v. Schrader (6th Cir. 2008). · cites it 2× “In fighting this distinction, the supervisors point to Back’s probationary status, see Ky. Rev. Stat. Ann. § 18A.111, and to the fact that the Kentucky Supreme Court once said (in dicta and not in the context of a First Amendment case) that probationary employees could be fired…”

— Ky. Rev. Stat. § 18A.111(1) — 2 cases

Back v. Schrader (6th Cir. 2008). “In fighting this distinction, the supervisors point to Back’s probationary status, see Ky. Rev. Stat. Ann. § 18A.111, and to the fact that the Kentucky Supreme Court once said (in dicta and not in the context of a First Amendment case) that probationary employees could be fired…”

Hart v. Pers. Bd., 905 S.W.2d 507 (Ky. Ct. App. 1995). “KRS 18A.111; 101 KAR 1:325. The probationary period was designed to assess each employee’s performance in facilitating the implementation of KERA.”

— Ky. Rev. Stat. § 18A.111(4) — 1 case

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