Kentucky Return to Office Mandate 2026

What is Kentucky’s return to office mandate?

Kentucky does not currently have an enacted return to office mandate. However, Senate Bill 79, which passed the Kentucky Senate in February 2025, would prohibit state government employees in the executive, legislative, and judicial branches from teleworking except during declared emergencies. The bill allows for up to two telework days per month for certain employees at the discretion of designated officials (Personnel Cabinet Secretary, Administrative Office of the Courts Director, or Legislative Research Commission Director).

Key points:

• Senate Bill 79 passed the Kentucky Senate 25-10 on February 20, 2025
• Currently pending in the Kentucky House of Representatives
• Would apply only to state government employees, not private sector employers
• Includes exceptions for field personnel, inspectors, IT positions, and Kentucky State Police
• Must comply with Americans with Disabilities Act accommodation requirements

Source: Senate Bill 79, Kentucky General Assembly Available at: https://apps.legislature.ky.gov/record/25rs/sb79.html

Does Kentucky’s proposed RTO mandate apply to private employers?

No. Senate Bill 79, if enacted, would apply only to employees of Kentucky state government in the executive, legislative, and judicial branches. The proposed legislation does not regulate private sector employers.

Private sector employers in Kentucky operate under at-will employment principles and may establish their own return to office policies, subject to:

• Anti-discrimination laws (Kentucky Civil Rights Act, federal civil rights laws)
• Reasonable accommodation requirements under the ADA
• Contract obligations
• Anti-retaliation protections

Source: Senate Bill 79 text and scope Available at: https://apps.legislature.ky.gov/record/25rs/sb79.html

Can my employer force me back to the office in Kentucky?

Generally, yes. Kentucky is an at-will employment state, meaning employers can change terms and conditions of employment, including work location requirements. As stated by the Kentucky Supreme Court in Firestone Textile Co. v. Meadows, 666 S.W.2d 730 (Ky. 1984):

“An employer may discharge his at-will employee for good cause, no cause, or for a cause that some might view as morally indefensible.”

Exceptions where employers cannot force return to office:

• Disability accommodation: If you have a disability and remote work is a reasonable accommodation that doesn’t cause undue hardship
• Contract provisions: If you have a written employment contract specifying remote work
• Discriminatory basis: If the return to office requirement is applied in a discriminatory manner based on protected characteristics
• Retaliation: If the requirement is retaliatory for engaging in protected activity

Source: Kentucky case law and statutory framework

What are my accommodation rights under Kentucky law?

Kentucky law prohibits employment discrimination based on disability and requires reasonable accommodations for qualified individuals with disabilities.

Kentucky Civil Rights Act (KRS Chapter 344):

Employers with 15 or more employees must provide reasonable accommodations to qualified employees with disabilities unless doing so would cause undue hardship. This mirrors federal ADA requirements.

Reasonable accommodations may include:

• Modified work schedules
• Telework or remote work arrangements
• Equipment modifications
• Job restructuring
• Reassignment to vacant positions
• Other modifications enabling the employee to perform essential job functions

Protected employees:

Qualified individuals with disabilities who can perform the essential functions of their position with or without reasonable accommodation.

Source: Kentucky Commission on Human Rights Available at: https://kchr.ky.gov

How do I file a discrimination complaint in Kentucky?

Kentucky Commission on Human Rights (State Agency):

Filing deadline: 180 days from the date of discrimination

How to file:

By phone: 1-800-292-5566 or (502) 595-4024 By email: kchr.mail@ky.gov Online: https://secure.kentucky.gov/formservices/KCHR/Complaint/ By mail: Kentucky Commission on Human Rights, 312 Whittington Parkway, Suite 020, Louisville, KY 40222 In person: Visit Louisville office during business hours

What to expect:

1. Commission staff will take your complaint information
2. Commission determines jurisdiction
3. Investigation is conducted
4. Determination of probable cause or no probable cause
5. If probable cause found, conciliation is attempted
6. If conciliation fails, administrative hearing is held

Contact: 1-800-292-5566

U.S. Equal Employment Opportunity Commission (Federal Agency):

Filing deadline: 300 days from the date of discrimination (for Kentucky residents due to worksharing agreement)

How to file:

Online: https://publicportal.eeoc.gov/ By phone: 1-800-669-4000 (National Contact Center) TTY: 1-800-669-6820

Note: Kentucky has a worksharing agreement with the EEOC, so filing with one agency automatically cross-files with the other.

Sources:

• Kentucky Commission on Human Rights: https://kchr.ky.gov/Pages/File-a-Complaint.aspx
• EEOC: https://www.eeoc.gov/filing-charge-discrimination

Can I request remote work as a reasonable accommodation?

Yes, if you have a disability as defined by the ADA and remote work would enable you to perform the essential functions of your job without causing undue hardship to your employer.

Requirements:

1. You must have a disability that substantially limits a major life activity
2. You must be qualified to perform the essential functions of your position
3. Remote work must be an effective accommodation
4. Remote work must not cause undue hardship to the employer

According to EEOC guidance:

“An employee with a disability may be entitled to telework as a reasonable accommodation even if the employer does not offer telework to other employees.”

Process:

1. Request accommodation from employer
2. Engage in interactive process
3. Provide medical documentation if requested
4. Employer evaluates whether accommodation is reasonable and doesn’t cause undue hardship
5. If approved, implement accommodation with any necessary modifications

Source: U.S. Equal Employment Opportunity Commission Available at: https://www.eeoc.gov/laws/guidance/work-hometelework-reasonable-accommodation

What is Kentucky’s Civil Rights Act?

The Kentucky Civil Rights Act (KRS Chapter 344) is Kentucky’s primary anti-discrimination law, enacted in 1966. Kentucky was the first Southern state to pass such comprehensive civil rights legislation.

The Act prohibits discrimination in:

• Employment
• Housing
• Public accommodations
• Financial transactions

Protected classes in employment:

• Race
• Color
• Religion
• National origin
• Sex (including pregnancy)
• Age (40 and older)
• Disability
• Tobacco-smoking status

Employer coverage:

• General: 8 or more employees
• Disability claims: 15 or more employees

Enforcement:

Kentucky Commission on Human Rights

Source: Kentucky Revised Statutes Chapter 344 Available at: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38920

Where do I file an EEOC complaint in Kentucky?

U.S. Equal Employment Opportunity Commission

Louisville Area Office (serves Kentucky)

Address: 600 Dr. Martin Luther King Jr. Place Suite 268 Louisville, KY 40202

Contact: National Contact Center: 1-800-669-4000 TTY: 1-800-669-6820 Fax: (502) 582-5895

Filing methods:

1. Online: Public Portal at https://publicportal.eeoc.gov/
2. By phone: Call 1-800-669-4000 to schedule interview
3. In person: Schedule appointment through National Contact Center

Filing deadline: 300 days from date of discrimination for Kentucky residents

Note: Due to Kentucky’s worksharing agreement with the EEOC, filing with either the EEOC or Kentucky Commission on Human Rights automatically cross-files with the other agency.

Source: U.S. Equal Employment Opportunity Commission Available at: https://www.eeoc.gov/field-office/louisville/location

What is at-will employment in Kentucky?

At-will employment is the default employment relationship in Kentucky for private sector workers without written employment contracts. Under this doctrine, either the employer or employee may terminate the employment relationship at any time, for any lawful reason or no reason at all.

According to Kentucky case law:

The Kentucky Supreme Court stated in Firestone Textile Co. v. Meadows, 666 S.W.2d 730 (Ky. 1984): “An employer may discharge his at-will employee for good cause, no cause, or for a cause that some might view as morally indefensible.”

Exceptions to at-will employment:

Employment cannot be terminated for:

• Discriminatory reasons: Based on race, color, religion, national origin, sex, age (40+), disability, or smoking status
• Retaliatory reasons: For filing workers’ compensation claims, discrimination complaints, or reporting illegal activities
• Contract violations: Contrary to explicit written employment contracts
• Public policy violations: Firing for reasons that contradict established laws or public interests

Who is covered:

• Most private sector employees without written employment contracts
• Employees not covered by collective bargaining agreements
• Non-public sector workers (state/local government employees often have additional protections)

Source: Kentucky Supreme Court decisions and statutory framework

What is the difference between state employee and private sector RTO requirements in Kentucky?

State Employees:

Current policy:

• 33% of executive branch employees use hybrid schedules (minimum 3 days in office per week)
• 11% telework full-time (for ADA accommodations, building renovations, or certain IT positions)
• 56% work in office full time
• Personnel Cabinet sets telecommuting policy

Proposed under Senate Bill 79:

• Telework prohibited except during declared emergencies
• Up to 2 telework days per month allowed at discretion of designated officials
• Exceptions for field personnel, inspectors, IT positions, Kentucky State Police
• Must comply with ADA accommodation requirements

Status: Senate Bill 79 passed Kentucky Senate; pending in House of Representatives

Private Sector Employees:

• No state mandate: Kentucky has no legislation regulating return to office for private employers
• Employer discretion: Employers set their own policies under at-will employment framework
• Legal constraints:
  
  • Must not discriminate based on protected characteristics
  • Must provide reasonable accommodations for disabilities
  • Must honor employment contracts and collective bargaining agreements
  • Must not retaliate against employees exercising legal rights

Key difference: State employees may face statutory restrictions on telework if SB 79 is enacted, while private sector employers have broad discretion to set work location policies subject to anti-discrimination and accommodation requirements.

Sources:

• Senate Bill 79: https://apps.legislature.ky.gov/record/25rs/sb79.html
• Kentucky Personnel Cabinet statements

When would Kentucky’s return to office order take effect?

Senate Bill 79 has not yet been enacted into law. The timeline depends on legislative action:

Current status (as of January 3, 2026):

• Passed Kentucky Senate: February 20, 2025
• Referred to House Committee on Committees: February 21, 2025
• House Floor Amendment 1 filed: February 25, 2025
• Status: Pending in Kentucky House of Representatives

If enacted:

The effective date would depend on the final version of the bill and any emergency clause. Kentucky statutes typically become effective 90 days after the legislative session ends unless:

• An emergency clause makes it effective immediately upon Governor’s signature
• The bill specifies a different effective date

Normal effective dates for Kentucky legislation:

According to KRS § 446.110, acts passed during the Regular Session become effective 90 days after adjournment of the legislature unless otherwise specified.

The 2025 Regular Session adjourned: March 28, 2025

Standard effective date would be: Approximately June 26, 2025 (90 days after adjournment)

Note: This timeline applies only if SB 79 is enacted. As of January 3, 2026, the bill remains pending.

Source: Kentucky General Assembly legislative calendar and statutory effective date provisions Available at: https://legislature.ky.gov

What exceptions exist to Kentucky’s proposed RTO mandate?

If Senate Bill 79 is enacted with Senate Floor Amendment 1, the following exceptions would apply to the telework prohibition for state employees:

Categorical exceptions (positions exempt from telework ban):

1. Motor vehicle enforcement personnel
2. Plumbing inspectors
3. Health inspectors
4. Building inspectors
5. Certain IT positions
6. Workers whose jobs require them to be in the field more than half the time
7. Employees of the Kentucky State Police

Limited telework allowance:

• The Secretary of the Personnel Cabinet (executive branch), Director of the Administrative Office of the Courts (judicial branch), or Director of the Legislative Research Commission (legislative branch) may approve a policy allowing up to two telework days per month for certain employees
• Any telework days used during declared emergencies count toward this monthly allowance

ADA accommodations:

The bill requires compliance with the Americans with Disabilities Act, meaning reasonable accommodations, including potential telework arrangements, must still be provided for qualified employees with disabilities.

Emergency declarations:

State employees may telework when an emergency is declared by:

• The Governor (executive branch)
• The Chief Justice (judicial branch)
• Appropriate legislative leadership (legislative branch)

Source: Senate Bill 79, Senate Floor Amendment 1 Available at: https://apps.legislature.ky.gov/recorddocuments/bill/25RS/SB79/SFA1.pdf

How were state employees notified of the proposed RTO requirement?

State employees learned of the proposed return to office requirement through multiple channels:

Legislative process:

1. Bill introduction: Senate Bill 79 introduced February 4, 2025
2. Committee hearing: State & Local Government Committee, February 12, 2025
3. Senate floor debate: February 19-20, 2025
4. Floor amendment: Senate Floor Amendment 1 (telework prohibition) filed February 19, 2025

Official communications:

1. Kentucky Personnel Cabinet statement: Secretary Mary Elizabeth Bailey sent letter to bill sponsors expressing concerns
2. Legislative updates: Kentucky General Assembly website and bill tracking
3. Media coverage: Kentucky news outlets reported on bill passage

Employee access to information:

• Legislative website: https://apps.legislature.ky.gov/record/25rs/sb79.html
• Bill text and amendments: Publicly available
• Committee hearings: Public meetings, some broadcast by Kentucky Educational Television (KET)
• Vote records: Public

Personnel Cabinet concerns:

In a letter regarding SB 79, Secretary Mary Elizabeth Bailey noted concerns including:

• No exceptions for sick leave or building closures
• Impact on recruitment and retention
• Particular concern for social workers and hard-to-fill positions
• Current policy already requires minimum 3 days in office for hybrid workers

Source: Kentucky General Assembly records and Personnel Cabinet communications

What agencies handle employment discrimination in Kentucky?

State Level:

Kentucky Commission on Human Rights

Jurisdiction: Employment, housing, public accommodations, financial transactions

Protected classes (employment):

• Race, color, religion, national origin, sex, age (40+), disability, smoking status

Contact:

• Phone: 1-800-292-5566
• Email: kchr.mail@ky.gov
• Website: https://kchr.ky.gov
• Address: 312 Whittington Parkway, Suite 020, Louisville, KY 40222

Filing deadline: 180 days from discrimination

Kentucky Education and Labor Cabinet – Division of Wages and Hours

Jurisdiction: Wage and hour violations, child labor, rest periods, final wage payment

Contact:

• Phone: (502) 564-3534
• Email: wages@ky.gov
• Website: https://elc.ky.gov/workplace-standards/Pages/Wages-and-Hours.aspx

Federal Level:

U.S. Equal Employment Opportunity Commission (EEOC)

Jurisdiction: Federal employment discrimination laws (Title VII, ADA, ADEA, EPA, GINA)

Louisville Area Office:

• Phone: 1-800-669-4000 (National Contact Center)
• TTY: 1-800-669-6820
• Website: https://www.eeoc.gov
• Address: 600 Dr. Martin Luther King Jr. Place, Suite 268, Louisville, KY 40202

Filing deadline: 300 days from discrimination for Kentucky residents

Note: Kentucky has worksharing agreement with EEOC – filing with one agency cross-files with the other.

U.S. Department of Labor (DOL)

Jurisdiction: Federal wage and hour laws (FLSA), FMLA, OSHA

Contact:

• Wage and Hour Division: 1-866-487-9243
• OSHA: 1-800-321-6742
• Website: https://www.dol.gov

Is there pending RTO legislation in Kentucky besides SB 79?

As of January 3, 2026, Senate Bill 79 is the only identified legislation in the Kentucky General Assembly specifically addressing return to office or telework requirements.

Search conducted:

• 2025 Regular Session: Reviewed all pending bills
• Search terms: Return to office, telework, remote work, telecommuting
• Databases: Kentucky Legislature bill search, bill summaries

Result: No other bills identified

House Floor Amendment 1 to SB 79:

Representative J. Tipton filed House Floor Amendment 1 on February 25, 2025, which would:

• Delete the telework prohibition section
• Require Personnel Cabinet to report on telework policies by December 1, 2025

Status: Amendment filed; not yet voted on

Monitoring resources:

To track legislative developments:

• Kentucky Legislature website: https://legislature.ky.gov
• Bill search: https://apps.legislature.ky.gov/record/25rs/bills.html
• Legislative updates: Subscribe to Kentucky General Assembly notifications

Source: Kentucky General Assembly bill tracking system Available at: https://legislature.ky.gov