Kentucky Revised Statutes

Ky. Rev. Stat. § 38.238 (2026)

Employer required to grant employee leave to serve in National Guard

✓ current as of May 2026

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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. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 82, sec. 1, effective July 14, 2018. -- Created 1980 Ky. Acts ch. 249, sec. 1, effective July 15, 1980.

Notes of Decisions

Cited in 1 case, 2008–2008 · leading case: Timothy Landis v. Pinnacle Eye Care, LLC (6th Cir. 2008).

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Timothy Landis v. Pinnacle Eye Care, LLC (6th Cir. 2008). “§§ 4301-4334 (“USERRA”), and Ky. Rev. Stat. § 38.238; (2) age discrimination in violation of Ky.”

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