SECTION X. - Claims and Benefits

Claims and Benefits

The Kansas Employment Security Law was enacted to provide some income during limited unemployment for those individuals who are unemployed due to conditions in the economy or labor market and through no fault of their own. Unemployment insurance pays benefits to workers until they are recalled by the employer or until they find jobs for which they are reasonably suited in terms of training, past experience and past wages.

Unemployment insurance is paid only to those claimants who meet the requirements of the law. It is not a handout to individuals who have not worked or are unwilling to do so.

Unemployment insurance helps employers to conserve their trained labor force involuntarily laid-off for a temporary period. Also, it tends to apply a brake upon the downward spiral of business activity at the beginning of a downward trend in the economy.

To understand the benefit provisions of the law, the employer must become familiar with some of the terms. These include:

Base Period: The first four of the last five completed calendar quarters immediately preceding the first day of a claimant's benefit year is known as the base period. Benefit entitlement is determined according to the claimant's insured work record during that period.

Benefit Year: The benefit year is a one-year period commencing on the Sunday immediately preceding the day in which a valid claim is filed. During the benefit year, a claimant may not receive more than the total benefit amount established when the claim was filed.

Duration of Benefits/Total Benefit Amount: The total amount a claimant is eligible to receive in one benefit year is the "total benefit amount" calculated by 26 times the weekly benefit amount or one-third of the wages for insured work paid during the base period, whichever is less. A claimant may be paid benefits until their total benefit amount is exhausted. This is normally 26 weeks, if the claimant was entitled to the maximum total benefit amount. However, this may be more than 26 weeks duration if the individual receives less than their weekly benefit amount due to earnings or other off-set deductions.

Effect on Benefits When a Claimant Works: A claimant may earn 25 percent of their determined weekly benefit amount, before a deduction is made for earnings from employment.

Extended Benefits: During periods of high unemployment, up to an additional 13 weeks worth of benefits may be paid to the claimant.

Waiting Week Period: Each individual who files a new valid claim for benefits must serve a one-week waiting period for which no benefits are paid. It takes about three weeks for the claimant to receive the first check if there is not a disqualifying issue.

Weekly Benefit Amount (WBA): The claimant's weekly benefit amount is computed by multiplying 4.25 percent of the highest paid quarter in the base period. The weekly benefit amount may not exceed what the secretary establishes as the maximum weekly benefit amount by computing 60 percent of the average weekly wages paid to employees in insured work during the previous calendar year. The minimum weekly benefit payable amount to any individual is 25 percent of the maximum weekly benefit amount, which is also established by the secretary.

Computation of Benefit Amount

Qualifying for Unemployment Insurance

Eligibility Requirements

Claimant eligibility is based upon certain conditions. An unemployed individual is eligible to receive unemployment insurance benefits if:

1. The individual has made a claim for benefits.
2. The individual has registered for work.
3. The individual is able to work, available for work, and is actively seeking work.
4. The individual has been unemployed and has claimed a waiting period of one week which occurs within the benefit year.
5. The individual has received wages from insured employment in two or more quarters of the base period, and has total base period wages equaling at least 30 times the weekly benefit amount.
6. The individual's employment was for services not specifically excluded by the act.
7. The individual is not disqualified in accordance with provisions of the law.

Certain Exceptions to Qualifying for Benefits

A self-employed individual is not eligible for unemployment insurance benefits.

A corporate officer of a small closely-held corporation is normally not eligible. A corporate officer is not considered unemployed when the corporation is still active and the individual is not receiving a salary. An example is: A small corporation in the construction business does not have contracts during the winter months; however, the corporate officers are still considered employed because they are actively seeking new contracts and performing other services for the corporation.

A corporate officer may be eligible if the business is totally discontinued or sold to another party and the services of that individual are no longer required.

Effective July1, 2002, a person having a personal injury by accident arising out of and in the course of employment and receiving Workers Compensation may qualify for an Alternative Base Period. Other qualifiying factors for the Alternative Base Period are:

1. Claimaint must have filed for benefits withing four (4) weeks of being released to return to work by a licensed and practicing health care provider.
2. Claimant must have filed for benefits withing 23 months of the date the qualifying injury occurred and
3. Claimant must have attempted to return to work with the employer, but regualr work or comparable and suitable work was not available.

Filing a Claim

An individual who wishes to file a claim for unemployment insurance benefits must assemble all wage and separation information and file their claim on the internet or telephone an unemployment insurance call center. (Call Center Directory).

An interview is conducted by a claimstaker who processes the claim and answers questions concerning the individual's benefits. Soon after this initial interview, a monetary determination is mailed to the individual. The monetary determination contains information about previous wages and employment in the base period and if these wages are sufficient to qualify for benefits.

Employer Notices

When an individual files a claim for unemployment insurance benefits, that individual's last employing unit and all base period employers relating to the claim are mailed a form K-BEN 44/45, Employer Notice or a form K-BEN 46, Reimbursing Employer Notice. This notice identifies the claimant's name, social security number and the potential benefit charge to the employer's account.

If a worker is separated for other than a lack of work, then the employing unit has an opportunity to provide information. The form is signed and returned within 10 days from the mailing date to the unemployment insurance office address printed in the upper left-hand corner of the form.

Employer Protest to the Benefit Charge

Base period employers have the right to request reconsideration of the charges to a claim. The Kansas Employment Security Law provides that benefits are not charged to the account of a contributing or rated governmental employer if it is found the claimant was separated under any of the following conditions:

1. Discharged for misconduct connected with the work.
2. Discharged for gross misconduct connected with the work.
3. Left work voluntarily without good cause attributable to the work of the employer.
4. Was and still is a part-time employee (part-time means concurrent work with two or more employers in the base period, and continues part-time work while claiming benefits).

An employer having a valid reason to protest the claim must complete the reverse side of the Employer notice (K-BEN 44/45) and return it within 10 days to the department. The employer must provide factual and specific reasons for the claimant's separation and furnish other facts and documentation which may be significant in the determination of the claim.

A Reconsidered Base Period Employer Notice is issued after all the facts have been considered and a determination made. This determination informs the employer of a reconsidered charge or noncharge. Once determined, the charge or noncharge remains in effect the entire benefit year unless changed as a result of the appeal process (see Disputing a Claim). A base period notice will not be mailed to a contributing or rated governmental employer if the potential charge is $100 or less (reimbursing employers are not eligible fo non-charges)

Disqualification for Unemployment Insurance Benefits

Although a claimant meets all other requirements, the claimant may be disqualified from receiving unemployment insurance benefits under certain provisions of the law. Disqualifications are explained as follows:

1. A claimant is disqualified beginning with the day after the separation until re-employed and has had insured earnings of at least three times the determined weekly benefit amount if the claimant:
1. Voluntarily left work without good cause attributable to the work or the employer. There are 12 specific exceptions whereby benefits may be payable. A claims representative will provide further information.
2. Was discharged for misconduct connected with the work. There are specific circumstances that are not disqualifying. A claims representative will provide further information.
3. Failed, without good cause, to apply for or to accept suitable work when offered by the employment office or an employer.
4. Failed, after a temporary job assignment, to affirmatively request an additional assignment on the next succeeding workday, if required by the employment agreement, after completion of a given work assignment.

2. A claimant discharged for gross misconduct connected with the work is disqualified until reemployed and has had insured earnings of at least eight times the determined weekly benefit amount. In addition, all wage credits attributable to the employment from which the individual was discharged for gross misconduct are canceled.

3. A one-year disqualification is applied for making false statements or for withholding information to obtain more benefits than due.

4. Benefits are denied for each week in which the claimant is:
1. Unemployed because of a labor dispute in which the individual is interested, participating, or financing.
2. Claiming or receiving benefits under another state or federal law.
3. Receiving compensation for temporary total or permanent total disability under the worker's compensation law of a state or the United States.
4. Not able to perform the duties of the individual's customary occupation or the duties of other occupations for which the individual is reasonably fitted by training or experience.
5. Not pursuing a full course of action most reasonably calculated to result in reemployment.
6. Considered to be in need of reemployment services through a profiling system but fails to participate in such reemployment services or to show justifiable cause for failure to participate.

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5. Other disqualifications:
1. Employees of educational institutions are disqualified from benefits between terms or academic years if they had a contract or reasonable assurance for their work in a recently completed academic year or term, and have a contract or reasonable assurance of employment in the same or similar position for the next academic year or term.
2. A school bus or other motor vehicle driver employed by a private contractor to transport pupils, students, and school personnel to or from school-related functions or activities for an educational institution are disqualified between academic years or terms if the individual has a contract or assurance of employment for the next academic year. (Services as a bus or other motor vehicle driver for a private contractor to transport persons to or from nonschool related functions or activities are not disqualified.)
3. Employees of governmental entities and nonprofit organizations described in section 501(c)(3) of the Federal Internal Revenue Code of 1986 that provide any services to or on behalf of an educational institution are disqualified for benefits between academic years or terms if the individual has a contract or assurance of employment for the next academic year or term.
4. An individual is disqualified when registered at and attending an established school, training facility, or any other educational institution, or is on vacation during or between two successive academic years or terms unless engaged in full-time employment concurrent while attending school or is attending approved training. There are certain hours of attendance that are not disqualifying. A claims representative will provide further information.
5. Benefits based on wage credits earned as a professional athlete are not available between seasons to individuals who have been employed in the past sports season as a professional athlete and have a reasonable assurance of being again employed as a professional athlete in the following sports season.
6. Wages earned by aliens while working illegally in the United States are not available to establish unemployment insurance benefits.
7. The weekly benefit amount is reduced if the claimant is receiving a governmental or other pension, retirement or retired pay, annuity, or other similar periodic payment under a plan maintained by a base period employer.
8. Back pay is considered as wages and is allocated to the week(s) and reported as specified in the order or agreement. If not specified, then the back pay is allocated and reported to the week(s) that wages would have been paid.
9. Certain remuneration is considered wages to be reported by the claimant which is deductible from the claimant's weekly benefit amount.

Remuneration considered as wages includes: Vacation pay attributable to a week claimed when work was temporarily interrupted; holiday pay with no additional conditions of attendance; and severance pay, if paid as scheduled, and all other employment benefits within the employer's control continued, as though the severance had not occurred. Employment benefits within the employer's control means those benefits defined in the Federal Employee Retirement Income Security Act and which the employer has the option to continue after the employee's last day.

The following is not considered as wages reportable by the claimant: Remuneration for a public assistance work project; vacation pay, except as explained above; holiday pay with conditions of attendance attached; severance pay, in lieu of pay payable after severance of the employment relationship.

Determining Suitable Work

Certain basic criteria is considered in determining whether or not work is suitable for an individual. Some of these are: The degree of risk involved to the individual's health, safety, and morals; the individual's experience and prior earnings; the length of the individual's unemployment; prospects for obtaining local work in the individual's customary occupation; and the distance of available work from the individual's residence.

Shared Work Unemployment Insurance Program

An employer and their employees may participate in the Shared Work Unemployment Insurance Program. An employer who employs two or more employees and who wishes to participate is required to submit a written plan for the secretary's approval.

A shared work plan is in lieu of temporary total lay-off that impacts at least 10 percent of the employees in an affected unit. A shared work plan may not be used to subsidize seasonal employees during the off season. A shared work plan reduces the normal weekly hours of work for an employee in the affected unit by not less than 20% and not more than 40%.

To be eligible, an employer must have filed all reports required to be filed under the employment security law for all past and current periods and must have paid all contributions, benefit cost payments or if a reimbursing employer has made all payments in lieu of contributions due for all past and current periods. A contributing or rated governmental employer must be eligible for a rate computation and a contributing employer can not have a negative account balance in their experience rating account.

Additional information on the Shared Work Program may be obtained by contacting:

Kansas Department of Labor
Unemployment Insurance Benefits Unit
Topeka, KS
(785) 291-6132