Kentucky sick leave law & call-off rules
Kentucky has no sick leave mandate — but it's the no-mandate state whose other rules most resemble a mandate state's. Paid 10-minute rest breaks every 4 hours and a properly timed meal period are required by statute, "vested" vacation is collectible as wages, and employees can claim 4 hours of voting leave with a day's notice. A handbook imported from Tennessee or Indiana will violate at least one of these. Here is what applies in 2026.
Kentucky at a glance
| Paid sick leave mandate | None — local mandates preempted (HB 3, 2017) |
|---|---|
| Rest breaks | Paid 10 minutes per 4 hours worked — statutory (KRS 337.365) |
| Meal period | Reasonable meal break between the 3rd and 5th hour (KRS 337.355) |
| Vested vacation | Wages — payable at separation per your own policy's vesting terms |
| Voting leave | At least 4 hours on a day's notice (pay optional) |
| Final paycheck deadline | Next payday or 14 days, whichever is LATER |
| Employment relationship | At-will with the Firestone workers' comp retaliation exception |
Is paid sick leave required in Kentucky?
No. Kentucky has no sick leave requirement, and 2017's HB 3 — following the Kentucky Supreme Court's rejection of Louisville's minimum-wage ordinance — preempts local governments from mandating wages or fringe benefits. Your written policy and the federal floor govern sick leave; the break and voting rules below are mandatory.
The federal floor that still applies
FMLA
Employers with 50+ employees within 75 miles must give eligible employees (12+ months tenure, 1,250+ hours in the past year) up to 12 weeks of unpaid, job-protected leave for a serious health condition — their own or a close family member's. FMLA-protected absences can't accrue attendance points, and a call-off that mentions an ongoing condition can be notice enough to trigger your FMLA obligations, even if the employee never says "FMLA."
ADA
For employers with 15+ employees, the ADA can require modified attendance expectations or unpaid leave as a reasonable accommodation for a disability. An attendance policy applied "no exceptions" is exactly the kind that loses ADA cases — build an accommodation carve-out into the policy itself.
Call-offs, no-call no-shows, and firing in Kentucky
Kentucky is at-will with the classic workers' comp retaliation exception (Firestone v. Meadows, codified at KRS 342.197) — comp-related absences get carved out of points before discipline, same as Indiana and Ohio. The distinctive compliance work is in timekeeping rather than sick leave: auto-deducted lunches, skipped rest breaks, and "work through it" scheduling generate wage liability that most Southern handbooks never contemplate, and the Labor Cabinet handles those claims with attorney-fee exposure. Attendance records and break records end up being the same defense file. A call-off hotline or text-based call-off system covers the absence half of it automatically.
PTO payout and final paychecks
| Scenario | Rule | Source |
|---|---|---|
| Employee is fired or laid off | Next regular payday or within 14 days, whichever comes later | KRS 337.055 |
| Employee quits | Same rule — later of next payday or 14 days | KRS 337.055 |
| Vested vacation | Counts as wages and rides the same timeline — but your written policy defines what 'vested' means; an explicit no-payout policy means nothing vests | KRS 337.010 |
| Enforcement | Kentucky Education and Labor Cabinet, with penalties and attorney-fee exposure | — |
Kentucky's vesting rule rewards precise drafting: define vesting (or its absence) explicitly, because the Labor Cabinet will enforce whatever the words say. See how PTO accrual works.
Leave Kentucky employers must (and must not) provide
| Leave type | Required? | Notes |
|---|---|---|
| Rest breaks | Yes — paid | At least 10 minutes per 4 hours worked (KRS 337.365) |
| Meal period | Yes | Reasonable meal break, customarily 20+ minutes, between the 3rd and 5th hour (KRS 337.355) |
| Voting | Yes | At least 4 hours if requested a day ahead; pay is the employer's choice; no-shows at the polls can be disciplined |
| Jury duty | Yes — unpaid | Permanent employees get protected leave; no discharge or penalties (KRS 29A.160) |
| Military | Yes | USERRA (federal) plus Kentucky National Guard protections |
The Kentucky employer's attendance playbook
- Put it in writing. A written policy — call-off deadline and channel, points or steps, the no-call no-show rule, and carve-outs for legally protected absences — is what makes discipline defensible. Our attendance policy guide walks through it.
- Give call-offs one channel. "Tell whoever answers" is how records get lost. One number every employee texts or calls makes the record automatic.
- Log everything with timestamps. Unemployment hearings and discrimination charges are won on contemporaneous records, not recollections.
- Enforce consistently. Uneven enforcement converts a lawful termination into a discrimination claim.
- Screen call-offs for protected reasons before applying points — sickness that could be FMLA/ADA territory gets a different track than an overslept alarm.
Comparing states? See all published guides on the state sick leave laws hub.