Kentucky
Verified February 2026Kentucky Civil Rights Act
Ky. Rev. Stat. §§ 344.010–344.990
Kentucky does not have a state-level family or medical leave law that supplements the federal FMLA. For most employees in Kentucky, the right to unpaid, job-protected leave for serious health conditions or caregiving relies entirely on the federal Family and Medical Leave Act (FMLA). To qualify, you generally must work for an employer with 50+ employees and have worked there for at least 12 months and 1,250 hours.
Kentucky workers are protected against disability discrimination through the Kentucky Civil Rights Act (KCRA), codified in Chapter 344 of the Kentucky Revised Statutes. The KCRA prohibits employment discrimination based on race, color, religion, national origin, sex, age (40+), disability, and smoking status. Notably, the KCRA applies to employers with just 8 or more employees – a lower threshold than the federal ADA’s 15-employee requirement. This means more Kentucky workers have access to disability discrimination protections than under federal law alone.
The Kentucky Commission on Human Rights (KCHR) is the state agency responsible for enforcing the KCRA. The KCHR has full investigation and enforcement powers, including the authority to hold hearings, award damages, and order corrective action. This gives Kentucky workers a state-level avenue for discrimination complaints that many neighboring states lack. The KCHR also has a work-sharing agreement with the federal EEOC, so filing with one agency can cover both state and federal claims.
While Kentucky lacks a state leave law, the combination of federal FMLA, the federal ADA, and Kentucky’s own Civil Rights Act provides a meaningful safety net. The KCRA’s lower employer threshold and the KCHR’s enforcement authority are important advantages for workers at smaller companies and those seeking state-level remedies for discrimination.
Employer Size
8+ employees
Leave Duration
N/A (no state leave law)
Paid Leave
Unpaid (job-protected)
Leave: Kentucky does not have a state family or medical leave law. Federal FMLA is the primary source of job-protected leave.
Anti-Discrimination: The Kentucky Civil Rights Act (KCRA) covers employers with 8 or more employees, lower than the federal ADA threshold of 15. It is enforced by the Kentucky Commission on Human Rights, which has full investigation and hearing authority.
Additional Protections
Kentucky Civil Rights Act (KCRA)
Prohibits employment discrimination based on disability, race, color, religion, national origin, sex, age (40+), and smoking status. Covers employers with 8+ employees – lower than the federal 15-employee threshold. Enforced by the Kentucky Commission on Human Rights with full investigation and hearing authority.
Ky. Rev. Stat. § 344.040
Kentucky Workers’ Compensation
Covers workplace injuries for employers who are required to carry coverage. Mental injuries caused by physical workplace injuries may be compensable. Mental-only claims (without accompanying physical injury) face significant legal barriers under Kentucky law.
Ky. Rev. Stat. § 342.0011 et seq.
Kentucky Pregnancy Discrimination Protections
The Kentucky Civil Rights Act includes pregnancy as a protected class, prohibiting discrimination based on pregnancy, childbirth, or related medical conditions for employers with 8+ employees.
Ky. Rev. Stat. § 344.030(1)
1. Request FMLA Leave (Federal)
Since Kentucky has no state leave law, eligible employees follow federal FMLA procedures:
- Notify your employer at least 30 days in advance for foreseeable leave.
- If leave is unforeseeable, notify as soon as possible (usually same or next business day).
- Follow your employer’s usual notice procedures for requesting leave.
- Provide medical certification if requested (usually within 15 days).
2. File a Disability Discrimination Complaint
- Verify your employer has 8+ employees (Kentucky Civil Rights Act threshold) or 15+ employees (federal ADA threshold).
- File a complaint with the Kentucky Commission on Human Rights (KCHR) within 180 days of the discriminatory act.
- You can file online, by mail, or by visiting the KCHR office in Louisville.
- KCHR will investigate and may attempt mediation or conciliation. If no resolution is reached, a formal hearing may be held.
Note: Filing with KCHR automatically cross-files with the federal EEOC through a work-sharing agreement, protecting both your state and federal claims.
Important Deadlines
- 30 days - FMLA advance notice for foreseeable leave
- 180 days - Deadline to file a discrimination complaint with the Kentucky Commission on Human Rights
- 300 days - Deadline to file with the federal EEOC (extended because KCHR exists as a qualifying state agency)
- 30 days - Workers’ comp injury must be reported to employer
- 2 years - Statute of limitations for workers’ compensation claims
Official Resources
Frequently Asked Questions
Check Your Eligibility
Get a free rights assessment based on your specific situation in Kentucky.
Free Rights Check