Louisville Metro cannot require paid sick leave or paid family leave from private employers. Under Kentucky Restaurant Ass'n v. Louisville (Ky. 2016), KRS Chapter 337 preempts the field of wage and hour regulation, including paid leave. Kentucky has no state paid-leave program. Federal FMLA (12 weeks unpaid) is the only floor.
While Kentucky has no statute as explicit as Texas's § 62.0515 on paid leave, the Kentucky Supreme Court in Kentucky Restaurant Ass'n v. Louisville-Jefferson Cty. Metro Gov't, 501 S.W.3d 425 (Ky. 2016) held that KRS Chapter 337 (Wages and Hours) occupies the field of wage and hour regulation, preempting local efforts. Paid leave functions as a wage benefit and is considered preempted under the same doctrine. Kentucky has not enacted any statewide paid sick leave or paid family leave program. Louisville Metro provides paid leave to its own employees under Metro Code of Ordinances Title V (Personnel) but cannot impose paid-leave mandates on private employers. Federal FMLA (29 U.S.C. § 2601 et seq.) provides 12 weeks of unpaid, job-protected leave at employers with 50+ employees within 75 miles.
No local penalties because no local mandate exists. FMLA violations enforced by U.S. DOL Wage & Hour under 29 U.S.C. § 2617. Employer PTO policies enforceable as wage contracts under KRS § 337.385 (5-year limitations).
See how Louisville's paid leave preemption rules stack up against other locations.
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