Kentucky Statutes 341.370 – Disqualifications — Length of time
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(1) A worker shall be disqualified from receiving benefits for the duration of any period of unemployment with respect to which:
(a) He or she has failed without good cause either to apply for available, suitable work when so directed by the employment office or the secretary, to accept an interview from a prospective employer offering suitable work, or to accept suitable work when offered him or her, or to return to his or her customary self-employment when so directed by the secretary;
(b) He or she has been discharged for misconduct or dishonesty connected with his or her most recent work, or from any work which occurred after the first day of the worker’s base period and which last preceded his or her most recent work, but legitimate activity in connection with labor organizations or failure to join a company union shall not be construed as misconduct;
(c) He or she has left his or her most recent suitable work or any other suitable work which occurred after the first day of the worker’s base period and which last preceded his or her most recent work voluntarily without good cause attributable to the employment. No otherwise eligible worker shall be disqualified from receiving benefits for:
1. Leaving his or her next most recent suitable work which was concurrent with his or her most recent work;
2. Leaving work which is one hundred (100) road miles or more, as measured on a one (1) way basis, from his or her home to accept work which is less than one hundred (100) road miles from his or her home;
3. Accepting work which is a bona fide job offer with a reasonable expectation of continued employment; or
4. Leaving work to accompany the worker’s spouse to a different state, military base of assignment, or duty station that is one hundred (100) road miles or more, as measured on a one (1) way basis, from the worker’s home when the spouse is reassigned by the military; or
(d) He or she fails to act in good faith to secure suitable work.
(2) A worker shall be disqualified from receiving benefits for any week with respect to which he or she knowingly made a false statement to establish his or her right to or the amount of his or her benefits, and, within the succeeding twenty-four (24) months, for the additional weeks immediately following the date of discovery, not to exceed a total of fifty-two (52), as may be determined by the secretary.
(3) No worker shall be disqualified under paragraph (b) or (c) of subsection (1) of this section unless the employer, within a reasonable time as prescribed by regulations promulgated by the secretary, notifies the cabinet and the worker in writing of the alleged voluntary quitting or the discharge for misconduct. Nothing in this subsection shall restrict the right of the secretary to disqualify a worker whose employer has refused or failed to notify the Education and Labor Cabinet of the alleged voluntary quitting or discharge for misconduct, if the alleged voluntary quitting or discharge for misconduct is known to the secretary prior to the time benefits are paid to the worker. The exercise of the right by the secretary, in the
absence of timely notice from the employer, shall not relieve the employer’s reserve account or reimbursing employer’s account of benefit charges under the provisions of subsection (3) of KRS § 341.530.
(4) As used in this section and in subsection (3) of KRS § 341.530, “most recent” work shall be construed as that work which occurred after the first day of the worker’s base period and which last preceded the week of unemployment with respect to which benefits are claimed; except that, if the work last preceding the week of unemployment was seasonal, intermittent, or temporary in nature, most recent work may be construed as that work last preceding the seasonal, intermittent, or temporary work.
(5) No worker shall be disqualified or held ineligible under the provisions of this section or KRS § 341.350, who is separated from employment pursuant to a labor management contract or agreement, or pursuant to an established employer plan, program, or policy, which permits the employer to close the plant or facility for purposes of vacation or maintenance.
(6) “Discharge for misconduct” as used in this section shall include but not be limited to, separation initiated by an employer for falsification of an employment application to obtain employment through subterfuge; knowing violation of a reasonable and uniformly enforced rule of an employer; unsatisfactory attendance if the worker cannot show good cause for absences or tardiness; damaging the employer’s property through gross negligence; refusing to obey reasonable instructions; reporting to work under the influence of alcohol or drugs or consuming alcohol or drugs on employer’s premises during working hours; conduct endangering safety of self or co-workers; and incarceration in jail following conviction of a misdemeanor or felony by a court of competent jurisdiction, which results in missing at least five (5) days work.
(7) “Duration of any period of unemployment,” as that term is used in this section, shall be the period of time beginning with the worker’s discharge, voluntary quitting, or failure to apply for or accept suitable work and running until the worker has worked in each of ten (10) weeks, whether or not consecutive, and has earned ten (10) times his or her weekly benefit rate in employment covered under the provisions of this chapter or a similar law of another state or of the United States.
Effective: January 1, 2023
History: Amended 2022 Ky. Acts ch. 21, sec. 9, effective January 1, 2023; and ch. 236, sec. 143, effective July 1, 2022. — Amended 2017 Ky. Acts ch. 172, sec. 1, effective June 29, 2017. — Amended 2009 Ky. Acts ch. 11, sec. 78, effective June 25, 2009. — Amended 2006 Ky. Acts ch. 211, sec. 148, effective July 12. 2006; and ch. 252, Pt. XXVIII, sec. 11, effective April 25, 2006. — Amended 1996 Ky. Acts ch. 266, sec.
12, effective July 15, 1996; and ch. 271, sec. 20, effective July 15, 1996. — Amended
1990 Ky. Acts ch. 6, sec. 4, effective July 13, 1990. — Amended 1986 Ky. Acts ch.
26, sec. 5, effective July 15, 1986. — Amended 1984 Ky. Acts ch. 326, sec. 7, effective July 13, 1984. — Amended 1982 Ky. Acts ch. 261, sec. 5, effective July 1,
1982. — Amended 1980 Ky. Acts ch. 188, sec. 272; and ch. 385, sec. 6, effective July
15, 1980. — Amended 1978 Ky. Acts ch. 389, sec. 23, effective July 1, 1978. — Amended 1974 Ky. Acts ch. 74, Art. VI, secs. 102 and 107(21). — Amended 1964
Ky. Acts ch. 168, sec. 3. — Amended 1962 Ky. Acts ch. 223, sec. 2. — Amended
1958 Ky. Acts ch. 4, sec. 8. — Amended 1952 Ky. Acts ch. 154, secs. 12 and 13. —
Amended 1950 Ky. Acts ch. 206, sec. 1. — Amended 1948 Ky. Acts ch. 216, sec. 12.
— Amended 1942 Ky. Acts ch. 20, secs. 4 and 10. — Recodified 1942 Ky. Acts ch.
208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4748g-9.
Legislative Research Commission Note (1/1/2023). This statute was amended by 2022
Ky. Acts chs. 21 and 236, which do not appear to be in conflict and have been codified together.
Legislative Research Commission Note (1/1/2023). 2022 Ky. Acts ch. 21, sec. 26, provides that the Act, which amended this statute, may be cited as the Unemployment Insurance Sustainability Act of 2022.
(a) He or she has failed without good cause either to apply for available, suitable work when so directed by the employment office or the secretary, to accept an interview from a prospective employer offering suitable work, or to accept suitable work when offered him or her, or to return to his or her customary self-employment when so directed by the secretary;
Terms Used In Kentucky Statutes 341.370
- Benefits: means the money payments payable to a worker under this chapter and under any previous unemployment compensation law of this state with respect to his unemployment. See Kentucky Statutes 341.020
- Cabinet: means the Education and Labor Cabinet. See Kentucky Statutes 341.005
- Commission: means the Unemployment Insurance Commission. See Kentucky Statutes 341.005
- Company: may extend and be applied to any corporation, company, person, partnership, joint stock company, or association. See Kentucky Statutes 446.010
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Reserve account: means a separate book account maintained by the cabinet for each subject contributing employer under KRS §. See Kentucky Statutes 341.040
- Secretary: means the secretary of the Education and Labor Cabinet or his or her duly authorized representative. See Kentucky Statutes 341.005
- State: includes , in addition to the states of the United States of America, the
District of Columbia, Puerto Rico, the Dominion of Canada, and Virgin Islands. See Kentucky Statutes 341.020 - Statute: A law passed by a legislature.
- Week: means such period of seven (7) consecutive calendar days as the cabinet prescribes in administrative regulation. See Kentucky Statutes 341.080
- Week of unemployment: means any period of seven (7) consecutive days, as prescribed by the cabinet in administrative regulations, during which a worker performed less than full-time work and earned less than an amount equal to one and one-fourth (1-1/4) times the benefit rate determined for him or her in accordance with the provisions of subsection (2) of KRS §. See Kentucky Statutes 341.080
(b) He or she has been discharged for misconduct or dishonesty connected with his or her most recent work, or from any work which occurred after the first day of the worker’s base period and which last preceded his or her most recent work, but legitimate activity in connection with labor organizations or failure to join a company union shall not be construed as misconduct;
(c) He or she has left his or her most recent suitable work or any other suitable work which occurred after the first day of the worker’s base period and which last preceded his or her most recent work voluntarily without good cause attributable to the employment. No otherwise eligible worker shall be disqualified from receiving benefits for:
1. Leaving his or her next most recent suitable work which was concurrent with his or her most recent work;
2. Leaving work which is one hundred (100) road miles or more, as measured on a one (1) way basis, from his or her home to accept work which is less than one hundred (100) road miles from his or her home;
3. Accepting work which is a bona fide job offer with a reasonable expectation of continued employment; or
4. Leaving work to accompany the worker’s spouse to a different state, military base of assignment, or duty station that is one hundred (100) road miles or more, as measured on a one (1) way basis, from the worker’s home when the spouse is reassigned by the military; or
(d) He or she fails to act in good faith to secure suitable work.
(2) A worker shall be disqualified from receiving benefits for any week with respect to which he or she knowingly made a false statement to establish his or her right to or the amount of his or her benefits, and, within the succeeding twenty-four (24) months, for the additional weeks immediately following the date of discovery, not to exceed a total of fifty-two (52), as may be determined by the secretary.
(3) No worker shall be disqualified under paragraph (b) or (c) of subsection (1) of this section unless the employer, within a reasonable time as prescribed by regulations promulgated by the secretary, notifies the cabinet and the worker in writing of the alleged voluntary quitting or the discharge for misconduct. Nothing in this subsection shall restrict the right of the secretary to disqualify a worker whose employer has refused or failed to notify the Education and Labor Cabinet of the alleged voluntary quitting or discharge for misconduct, if the alleged voluntary quitting or discharge for misconduct is known to the secretary prior to the time benefits are paid to the worker. The exercise of the right by the secretary, in the
absence of timely notice from the employer, shall not relieve the employer’s reserve account or reimbursing employer’s account of benefit charges under the provisions of subsection (3) of KRS § 341.530.
(4) As used in this section and in subsection (3) of KRS § 341.530, “most recent” work shall be construed as that work which occurred after the first day of the worker’s base period and which last preceded the week of unemployment with respect to which benefits are claimed; except that, if the work last preceding the week of unemployment was seasonal, intermittent, or temporary in nature, most recent work may be construed as that work last preceding the seasonal, intermittent, or temporary work.
(5) No worker shall be disqualified or held ineligible under the provisions of this section or KRS § 341.350, who is separated from employment pursuant to a labor management contract or agreement, or pursuant to an established employer plan, program, or policy, which permits the employer to close the plant or facility for purposes of vacation or maintenance.
(6) “Discharge for misconduct” as used in this section shall include but not be limited to, separation initiated by an employer for falsification of an employment application to obtain employment through subterfuge; knowing violation of a reasonable and uniformly enforced rule of an employer; unsatisfactory attendance if the worker cannot show good cause for absences or tardiness; damaging the employer’s property through gross negligence; refusing to obey reasonable instructions; reporting to work under the influence of alcohol or drugs or consuming alcohol or drugs on employer’s premises during working hours; conduct endangering safety of self or co-workers; and incarceration in jail following conviction of a misdemeanor or felony by a court of competent jurisdiction, which results in missing at least five (5) days work.
(7) “Duration of any period of unemployment,” as that term is used in this section, shall be the period of time beginning with the worker’s discharge, voluntary quitting, or failure to apply for or accept suitable work and running until the worker has worked in each of ten (10) weeks, whether or not consecutive, and has earned ten (10) times his or her weekly benefit rate in employment covered under the provisions of this chapter or a similar law of another state or of the United States.
Effective: January 1, 2023
History: Amended 2022 Ky. Acts ch. 21, sec. 9, effective January 1, 2023; and ch. 236, sec. 143, effective July 1, 2022. — Amended 2017 Ky. Acts ch. 172, sec. 1, effective June 29, 2017. — Amended 2009 Ky. Acts ch. 11, sec. 78, effective June 25, 2009. — Amended 2006 Ky. Acts ch. 211, sec. 148, effective July 12. 2006; and ch. 252, Pt. XXVIII, sec. 11, effective April 25, 2006. — Amended 1996 Ky. Acts ch. 266, sec.
12, effective July 15, 1996; and ch. 271, sec. 20, effective July 15, 1996. — Amended
1990 Ky. Acts ch. 6, sec. 4, effective July 13, 1990. — Amended 1986 Ky. Acts ch.
26, sec. 5, effective July 15, 1986. — Amended 1984 Ky. Acts ch. 326, sec. 7, effective July 13, 1984. — Amended 1982 Ky. Acts ch. 261, sec. 5, effective July 1,
1982. — Amended 1980 Ky. Acts ch. 188, sec. 272; and ch. 385, sec. 6, effective July
15, 1980. — Amended 1978 Ky. Acts ch. 389, sec. 23, effective July 1, 1978. — Amended 1974 Ky. Acts ch. 74, Art. VI, secs. 102 and 107(21). — Amended 1964
Ky. Acts ch. 168, sec. 3. — Amended 1962 Ky. Acts ch. 223, sec. 2. — Amended
1958 Ky. Acts ch. 4, sec. 8. — Amended 1952 Ky. Acts ch. 154, secs. 12 and 13. —
Amended 1950 Ky. Acts ch. 206, sec. 1. — Amended 1948 Ky. Acts ch. 216, sec. 12.
— Amended 1942 Ky. Acts ch. 20, secs. 4 and 10. — Recodified 1942 Ky. Acts ch.
208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4748g-9.
Legislative Research Commission Note (1/1/2023). This statute was amended by 2022
Ky. Acts chs. 21 and 236, which do not appear to be in conflict and have been codified together.
Legislative Research Commission Note (1/1/2023). 2022 Ky. Acts ch. 21, sec. 26, provides that the Act, which amended this statute, may be cited as the Unemployment Insurance Sustainability Act of 2022.