An employer with exempt employees may opt into this chapter, must notify the commissioner in writing within 5 days after securing compensation coverage, and must post the commissioner’s notice at the worksite. Employees who are otherwise exempt may be treated as covered unless they timely give written notice that they do not want coverage.
342.660 Voluntary coverage. (1) An employer that has in its employment any employee exempted under KRS 342.650 may elect to be subject to this chapter. This election on the part of the employer shall be made by the employer securing the payment of compensation to these exempted employees in accordance with KRS 342.340. Any employee, otherwise exempted under KRS 342.650, of the employer shall be deemed to have elected to come under this chapter, if at the time of the injury for which liability is claimed, his or her employer has in force an election to be subject to this chapter with respect to the employment in which the employee was injured and the employee has not, either upon entering into employment or within five (5) days after the filing of an election by the employer, given to his or her employer and to the commissioner notice in writing that he or she elects not to be subject to this chapter. (2) An employer within the scope of subsection (1) of this section, within five (5) days after securing the payment of compensation in accordance with KRS 342.340, shall give the commissioner written notice of its election to be subject to this chapter. The employer shall post and keep posted on the premises where any employee or employees, otherwise exempted under KRS 342.650, works, printed notices furnished by the commissioner stating its acceptance of this chapter. Failure to give the notices required by this paragraph shall not void or impair the employer's election to be subject to or relieve it of any liability under this chapter. (3) Any employer who has complied with subsection (2) of this section may withdraw its acceptance of this chapter, by filing written notice with the commissioner of the withdrawal of its acceptance. A withdrawal shall become effective 60 days after the filing of notice or on the date of the termination of the security for payment of compensation, whichever last occurs. The withdrawal shall not be effective until the employer shall theretofore post notice of the withdrawal where the affected employee or employees work or shall otherwise notify the employees of withdrawal. Effective: July 15, 2010 History: Amended 2010 Ky. Acts ch. 24, sec. 1838, effective July 15, 2010. -- Amended 1994 Ky. Acts ch. 181, Part 15, sec. 93, effective April 4, 1994. -- Created 1972 Ky. Acts ch. 78, sec. 6.