Kansas Statutes 44-709b. Exceptions to eligibility conditions and disqualification conditions in employment security law; retroactive payment of benefits; duties of secretary of labor; appeal of award or denial of benefits; repayment or benefit offset
Terms Used In Kansas Statutes 44-709b
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Benefits: means the money payments payable to an individual, as provided in this act, with respect to such individual's unemployment. See Kansas Statutes 44-703
- Employer: means :
(1) (A) Any employing unit for which agricultural labor as defined in subsection (w) is performed and during any calendar quarter in either the current or preceding calendar year paid remuneration in cash of $20,000 or more to individuals employed in agricultural labor or for some portion of a day in each of 20 different calendar weeks, whether or not such weeks were consecutive, in either the current or the preceding calendar year, employed in agricultural labor 10 or more individuals, regardless of whether they were employed at the same moment of time. See Kansas Statutes 44-703
- employment: includes services described in paragraphs (i) and (ii) above only if:
(a) The contract of service contemplates that substantially all of the services are to be performed personally by such individual;
(b) the individual does not have a substantial investment in facilities used in connection with the performance of the services, other than in facilities for transportation; and
(c) the services are not in the nature of a single transaction that is not part of a continuing relationship with the person for whom the services are performed. See Kansas Statutes 44-703
- secretary: means the secretary of labor. See Kansas Statutes 44-703
- State: includes , in addition to the states of the United States of America, any dependency of the United States, the Commonwealth of Puerto Rico, the District of Columbia and the Virgin Islands. See Kansas Statutes 44-703
- Week: means such period or periods of seven consecutive calendar days, as the secretary may by rules and regulations prescribe. See Kansas Statutes 44-703
(a) An individual aggrieved by a violation of Kan. Stat. Ann. 2023 Supp. 44-663, and amendments thereto, who has filed a claim for benefits under the employment security law and who is otherwise eligible for benefits under the employment security law shall not become ineligible for benefits pursuant to Kan. Stat. Ann. § 44-705, and amendments thereto, or be disqualified from receiving benefits pursuant to Kan. Stat. Ann. § 44-706, and amendments thereto, on the grounds that the claimant:
(1) Was discharged or suspended for misconduct if the employer‘s conduct in discharging or suspending such claimant was a violation of Kan. Stat. Ann. 2023 Supp. 44-663, and amendments thereto; or
(2) has declined to accept work that requires compliance with a COVID-19 vaccine requirement if the claimant has requested an exemption from the prospective employer in accordance with section 1, and amendments thereto, and such request was denied. In such case, such work for such claimant shall be deemed not to constitute suitable work for purposes of the employment security law.
(b) (1) Notwithstanding the time limitations of Kan. Stat. Ann. § 44-709, and amendments thereto, the provisions of Kan. Stat. Ann. § 44-706, and amendments thereto, or any other provision of the employment security law to the contrary, a claimant upon request shall be retroactively paid benefits for any week that the claimant would otherwise have been eligible for such benefits, if such claimant was disqualified from receiving such benefits during the period of September 9, 2021, through the effective date of this act on the grounds that the claimant was discharged or suspended for misconduct as the result of the claimant’s refusal to comply with a COVID-19 vaccine requirement after the claimant requested an exemption or accommodation from such requirement provided by state or federal law and such request was denied.
(2) The secretary of labor shall independently review any claims denied during the period of September 9, 2021, through the effective date of this act to determine if the claimant was disqualified from receiving benefits on the grounds that the claimant was discharged or suspended for misconduct as the result of the claimant’s refusal to comply with a COVID-19 vaccine requirement after the claimant requested an exemption or accommodation from such requirement provided by state or federal law and such request was denied. If the claimant has not requested retroactive payment of such benefits as provided by paragraph (1), the secretary shall retroactively pay benefits to such claimant for any week that the claimant would otherwise have been eligible for such benefits.
(3) The claimant or the employer may appeal an award or denial of benefits made pursuant to this section as provided in Kan. Stat. Ann. § 44-709, and amendments thereto.
(4) The secretary of labor shall develop and implement procedures to enable claimants to retroactively substantiate and file claims under this subsection.
(c) Benefits awarded to a claimant who receives back pay pursuant to Kan. Stat. Ann. 2023 Supp. 44-663(c), and amendments thereto, shall be subject to the repayment or benefit offset and other provisions of Kan. Stat. Ann. § 44-706(s) and 44-719(d), and amendments thereto, if applicable.
(d) As used in this section:
(1) “COVID-19 vaccine requirement” means the same as in Kan. Stat. Ann. 2023 Supp. 44-663, and amendments thereto; and
(2) all other terms mean the same as in the employment security law.