Kentucky Statutes 341.4169 – Shared work unemployment compensation eligibility
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(1) An individual is eligible to receive shared work unemployment compensation benefits with respect to any week only if the secretary finds that:
(a) The individual is employed as a member of an affected group under an approved plan that was approved by the secretary before the week and is in effect for the week;
(b) The individual is able to work and is available for the normal work week with the shared work employer; and
(c) The normal weekly hours of work of the individual are reduced by at least ten percent (10%) but not more than forty percent (40%), with a corresponding reduction in wages.
(2) A worker shall not be denied shared work benefits if he or she is otherwise eligible for these benefits for any week by reason of the application of any provision of this chapter relating to availability for work, active search for work or participation in work search activities, or refusal to apply for or accept work from other than the worker’s shared work employer.
(3) A worker shall not be denied shared work benefits if he or she is otherwise eligible for these benefits for any week because he or she is participating in any employer sponsored training or worker training funded by the Workforce Innovation and Opportunity Act, 29 U.S.C. ch. 32.
(4) Notwithstanding any other provision in this chapter, a worker shall be deemed unemployed in any week for which compensation is payable to him or her, as an employee in an affected group, for less than his or her normal weekly hours of work in accordance with an approved plan in effect for the week.
Effective: July 1, 2023
History: Amended 2023 Ky. Acts ch. 80, sec. 10, effective July 1, 2023. — Created
2022 Ky. Acts ch. 21, sec. 16, effective January 1, 2023.
Legislative Research Commission Note (1/1/2023). 2022 Ky. Acts ch. 21, sec. 26, provides that the Act, which created this statute, may be cited as the Unemployment Insurance Sustainability Act of 2022.
(a) The individual is employed as a member of an affected group under an approved plan that was approved by the secretary before the week and is in effect for the week;
Terms Used In Kentucky Statutes 341.4169
- Affected group: means two (2) or more employees designated by an employer to participate in a shared work plan. See Kentucky Statutes 341.096
- Approved plan: means an employer's voluntary, written plan for reducing unemployment under which a specified group of employees shares the work remaining after their normal weekly hours of work are reduced, which plan meets the requirements of KRS §. See Kentucky Statutes 341.096
- 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
- Commission: means the Unemployment Insurance Commission. See Kentucky Statutes 341.005
- Normal weekly hours of work: means the normal hours of work for full-time and permanent part-time employees in the affected group when their employer is operating on its normal, full-time basis, not to exceed forty (40) hours and not including overtime. See Kentucky Statutes 341.096
- Secretary: means the secretary of the Education and Labor Cabinet or his or her duly authorized representative. See Kentucky Statutes 341.005
- Shared work benefits: means the unemployment compensation benefits payable to employees in an affected group under an approved plan as distinguished from the unemployment benefits otherwise payable under other provisions of this chapter. See Kentucky Statutes 341.096
- Shared work employer: means an employer with a shared work plan in effect. See Kentucky Statutes 341.096
- Statute: A law passed by a legislature.
- wages: includes tips which are: (a) Received while performing services which constitute employment. See Kentucky Statutes 341.030
- Week: means such period of seven (7) consecutive calendar days as the cabinet prescribes in administrative regulation. See Kentucky Statutes 341.080
(b) The individual is able to work and is available for the normal work week with the shared work employer; and
(c) The normal weekly hours of work of the individual are reduced by at least ten percent (10%) but not more than forty percent (40%), with a corresponding reduction in wages.
(2) A worker shall not be denied shared work benefits if he or she is otherwise eligible for these benefits for any week by reason of the application of any provision of this chapter relating to availability for work, active search for work or participation in work search activities, or refusal to apply for or accept work from other than the worker’s shared work employer.
(3) A worker shall not be denied shared work benefits if he or she is otherwise eligible for these benefits for any week because he or she is participating in any employer sponsored training or worker training funded by the Workforce Innovation and Opportunity Act, 29 U.S.C. ch. 32.
(4) Notwithstanding any other provision in this chapter, a worker shall be deemed unemployed in any week for which compensation is payable to him or her, as an employee in an affected group, for less than his or her normal weekly hours of work in accordance with an approved plan in effect for the week.
Effective: July 1, 2023
History: Amended 2023 Ky. Acts ch. 80, sec. 10, effective July 1, 2023. — Created
2022 Ky. Acts ch. 21, sec. 16, effective January 1, 2023.
Legislative Research Commission Note (1/1/2023). 2022 Ky. Acts ch. 21, sec. 26, provides that the Act, which created this statute, may be cited as the Unemployment Insurance Sustainability Act of 2022.