44-705. Benefit eligibility conditions.
44-705
44-705. Benefit eligibility conditions.Except as provided by K.S.A. 44-757 and amendments thereto, an unemployedindividual shall be eligible to receive benefits withrespect to any week only if the secretary, or a person or personsdesignated by the secretary, finds that:
(a) The claimant has registered for work at and thereafter continuedto report at an employment office in accordance with rules andregulations adopted by the secretary, except that, subject to theprovisions of subsection (a) of K.S.A. 44-704 and amendmentsthereto, the secretary may adopt rules and regulations which waive oralter either or both of the requirements of this subsection (a).
(b) The claimant has made a claim for benefits with respect to suchweek in accordance with rules and regulations adopted by the secretary.
(c) The claimant is able to perform the duties of such claimant'scustomary occupation or the duties of other occupations for which theclaimant is reasonably fitted by training or experience, and isavailable for work, as demonstrated by the claimant'spursuit of the fullcourse of action most reasonably calculated to result in the claimant'sreemployment except that, notwithstanding any other provisions of thissection, an unemployed claimant otherwise eligible for benefits shallnot become ineligible for benefits: (1) Because of the claimant'senrollment inand satisfactory pursuit of approved training, including training approvedunder section 236(a)(1) of the trade act of 1974 or (2) solelybecause such individual is seeking only part-time employment if the individualis available for a number of hours per week that are comparable to theindividual's part-time work experience in the base period.
For the purposes of this subsection, an inmate of a custodial orcorrectional institution shall be deemed to be unavailable for work and noteligible to receive unemployment compensation while incarcerated.
(d) (1) Except as provided further, the claimant has been unemployedfor a waiting period of one week or theclaimant is unemployed and has satisfied the requirement for a waitingperiod of one week under the shared work unemployment compensation programas provided in subsection (k)(4) of K.S.A. 44-757 and amendments thereto,which period of one week, in either case, occurs within the benefit yearwhich includes the week for which the claimant is claiming benefits.No week shall be counted as aweek of unemployment for the purposes of this subsection (d):
(A) If benefits have been paid for such week;
(B) if the individual fails to meet with the othereligibilityrequirements of this section; or
(C) if an individual is seeking unemployment benefits undertheunemployment compensation law of any other state or of the UnitedStates, except that if the appropriate agency of such state or of theUnited States finally determines that the claimant is not entitled tounemployment benefits under such other law, this subsection (d)(1)(C) shallnot apply.
(2) The waiting week requirement of paragraph (1) shall not apply to newclaims, filed on or after July 1, 2007, by claimants who become unemployed as aresult of an employer terminating business operations within this state,declaring bankruptcy orinitiating a work force reduction pursuant to public law 100-379, the federalworker adjustment and retraining notification act (29 U.S.C. 2101 through2109), as amended.The secretary shall adopt rules and regulations to administer the provisions ofthis paragraph.
(3) A claimant shall become eligible to receive compensation for the waitingperiod of one week, pursuant to paragraph (1), upon completion of threeweeks of unemployment consecutive to such waiting period.
(e) For benefit years established on and after the effective date ofthis act, the claimant has been paid total wages for insured work in theclaimant's base period of not less than30 times the claimant's weeklybenefit amount and has been paid wages in more than one quarter of theclaimant's base period, except that the wage credits of an individual earnedduring the period commencing with the end of a prior base period andending on the date on which such individual filed a valid initial claimshall not be available for benefit purposes in a subsequent benefit yearunless, in addition thereto, such individual has returned to work andsubsequently earnedwages for insured work in an amount equal to at least eight times theclaimant's current weekly benefit amount.
(f) The claimant participates in reemployment services, such as job searchassistance services, if the individual has been determined to be likely toexhaust regular benefits and needs reemployment services pursuant to aprofiling system established by the secretary, unless the secretary determinesthat: (1) The individual has completed such services; or (2) there isjustifiable cause for the claimant's failure to participate in such services.
(g) The claimant is returning to work after a qualifying injury and hasbeen paid total wages for insured work in the claimant's alternative baseperiod of not less than 30 times the claimant's weekly benefit amount and hasbeen paid wages in more than one quarter of the claimant's alternative baseperiod if:
(1) The claimant has filed for benefits within four weeks of being releasedto return to work by a licensed and practicing health care provider.
(2) The claimant files for benefits within 24 months of the date thequalifying injury occurred.
(3) The claimant attempted to return to work with the employer where thequalifying injury occurred, but the individual's regular work or comparable andsuitable work was not available.
History: L. 1937, ch. 255, § 5;L. 1941, ch. 264, § 3;L. 1943, ch. 190, § 2;L. 1945, ch. 220, § 3;L. 1949, ch. 288, § 4;L. 1955, ch. 251, § 3;L. 1959, ch. 223, § 2;L. 1961, ch. 245, § 1;L. 1970, ch. 191, § 3;L. 1971, ch. 180, § 3;L. 1971, ch. 181, § 1;L. 1973, ch. 205, § 4;L. 1976, ch. 226, § 3;L. 1976, ch. 370, § 59;L. 1977, ch. 181, § 3;L. 1979, ch. 159, § 2;L. 1982, ch. 214, § 3;L. 1988, ch. 172, § 2;L. 1995, ch. 51, § 1;L. 1998, ch. 124, § 2;L. 2002, ch. 84, § 2;L. 2007, ch. 16, § 2;L. 2009, ch. 129, § 3; Jan. 1, 2010.