AN ACT relating to employment.
SB 356 would add a new employment protection for certain public officeholders and candidates in Kentucky. For employers with 75 or more employees, the bill prohibits demoting, dismissing, disciplining, or otherwise discriminating against an employee because the employee is a candidate for, currently serves in, or is a member-elect of the General Assembly, specified local legislative bodies, or a local board of education. It also protects employees who are absent from work to perform official duties in those offices.
The bill further requires covered employers to grant a leave of absence to an employee elected or appointed to one of the listed offices, if requested. The leave may be paid or unpaid, and the bill sets limits tied to the office held, including up to four terms for House members, three terms for Senate members, and three terms for certain local offices and school board positions. The bill states that the leave does not prevent the employee from working and being paid for time actually worked, and it does not impair seniority rights.
In addition to creating these new protections, SB 356 amends Kentucky’s labor penalty statute to add a civil penalty for employers who violate the new Section 1 protections. It also preserves existing remedies under labor law by allowing aggrieved persons to seek injunctive relief, damages, costs, and reasonable attorney fees for violations or threatened violations of the new protections, similar to existing remedies for certain labor-related violations.
The bill’s overall effect would be to expand state employment law by limiting how larger employers may treat employees involved in public service or electoral candidacy, while also creating a specific enforcement mechanism through civil penalties and private legal remedies. It would apply to a defined set of public offices and would not appear to affect smaller employers below the 75-employee threshold.
No committee discussion or recorded votes were provided, so the available context does not show direct support or opposition. Based on the bill text alone, the measure appears aimed at protecting civic participation and public service careers, while potential concerns would likely focus on employer burden, staffing flexibility, and the scope of required leave and anti-discrimination protections.
SB 356 would create a new section in KRS Chapter 336 establishing employment protections for candidates, elected officials, member-elects, and officeholders in specified state and local bodies, and it would amend KRS 336.990 to add a civil penalty for violations. It would also authorize injunctive relief, damages, attorney fees, and costs for aggrieved persons, thereby expanding both administrative and private enforcement options under Kentucky labor law.
No committee transcripts or votes were provided, so there is no documented legislative sentiment to summarize. From the bill’s structure, the measure appears pro-public-service and pro-employee, with an emphasis on protecting elected service from workplace retaliation. Any opposition would likely come from employers concerned about operational disruption, leave administration, and the breadth of the protected offices and activities.
The main likely points of contention are the employer threshold of 75 or more employees, the mandatory leave-of-absence requirement, and the prohibition on discipline or discrimination tied to candidacy or service in public office. Employers may view the bill as imposing staffing and compliance burdens, especially because the leave can extend across multiple terms of office. Supporters would likely emphasize protecting workers from retaliation for civic participation and ensuring that public service does not cost employees their jobs or seniority.