Unemployment FAQs

Please select from an Unemployment category below to get more help or review a comprehensive list of frequently asked questions updated weekly here.


Filing for Unemployment

What important things should I remember when I file for unemployment?

File for unemployment benefits as soon as you become unemployed, but you cannot file before your final workday is completed. Your claim is effective the week you file, not the week you become unemployed.

Do not wait to file. If you wait, you will not receive waiting period credit or payment for those weeks.

Keep your contact information up to date. Change your personal information online (mailing address, phone number, email address) after you login to your account.

Should I file online or by phone?

We strongly suggest filing online. At times, the Contact Center phone wait can be lengthy. If you must call to speak with a customer service representative, be prepared to hold.

How do I re–open my claim after I stopped filing?

Your claim will become inactive if:

  • It has been more than 14 calendar days from the last date you filed an application for benefits without any activity such as filing a weekly claim.
  • It has been more than 14 calendar days from the last date you filed a weekly claim for payment.
  • You earned more during the week than your weekly benefit amount.
  • You can reopen your claim by speaking to an Unemployment Insurance Contact Center representative.

What if I live in another state and need to file a claim in Kansas?

If your wages in the last 18 months are solely from Kansas, you can file online at GetKansasBenefits.gov. If you have wages from states other than Kansas in the last 18 months, I can transfer you to an intake representative to take your claim now. Please know that you will have to wait to speak to an intake representative.

Who pays for unemployment benefits?

The Kansas Employment Security Law requires employers to pay taxes to fund all eligible regular unemployment benefits. When available, additional benefits are federally funded programs and are not charged against Kansas employers.

What do I do if I go back to work full-time?

If you return to work full time or have gross earnings (wages before deductions) that equal or exceed your weekly benefit amount, you should stop filing weekly claims, and your claim will become inactive.

If you return to work midweek and do not work “full time” your first week back, you can still file a claim for this week. You will need to report the hours and earnings that you did work on your weekly claim.
If you are unemployed again within the same benefit year, or if your hours are reduced and your gross pay is less than your weekly benefit amount, you can file a claim against your remaining balance.

Filing an Initial Claim

Guide to Setting Up Your Initial Claim

What information do I need to file a new application?

When filing a new application, you will need the following information:

  • Your Social Security number
  • Full mailing address, including apartment or lot number, Zip Code and PO Box if you use one
  • A phone number where you can be reached during the day
  • The name and mailing address of your last employer, no matter how long you worked there
  • Note: Your paycheck stub or W-2 form usually contains this information
  • The date you began and stopped working for each employer and the reason you left each job for the last 18 months
  • The county in which you live
  • Your driver's license number
  • If you are not a citizen or national of the United States, your employment authorization number and expiration date
  • If you were active duty military within the past 18 months, your DD-214, Member #4 form
  • If you were a federal employee, your Standard Form SF-50 or pay stub
  • Any separation, vacation, or holiday pay you have received or will receive in the future.

A record of your application will not be established unless you are told your claim has been accepted. If you are unable to complete your application, the information you have entered will be saved for 7 days from the date you began filing the claim so that you can complete it later and within 7 days.

After we verify your identity, you can begin filing your application again from the point where you left off.
Your application is effective the week that you file your application for unemployment. If you do not finish filing your application within the 7–day period following your first attempt, you will have to start over from the beginning and answer all questions again. If your claim needs backdating, you will need to file with the Contact Center.

What if I have wages earned in another state, the military, or the federal government?

If you have wages during the base period of your claim earned in another state, from the military or federal government, we will ask for your wage information from the other state(s), and/or your branch of service or the federal government to help process your claim.

If you have not earned enough wages in Kansas to be eligible for benefits without adding in the additional wages from another state, the military or federal government, your unemployment payments will be delayed until we receive the requested wage information.

When we receive the wage information, another "Unemployment Insurance Monetary Determination" letter listing these wages will be mailed to you. You must continue to file your weekly claim for payment while your wages are being investigated.

Combined wage claims, military and federal government claims must be taken over the phone. How do I file an application for unemployment on the internet?

Go to GetKansasBenefits.gov and click to file an online application for unemployment insurance if:

  • You are filing a new application for unemployment
  • You need to open your claim again and you have worked since the last time you filed.
  • Follow the instructions found there carefully. Your application is not complete until you reach the "Claimant Determination."

When can I file an application for unemployment on the internet?

The online service is available: Sunday from noon to Monday at 9 p.m.; Tuesday through Friday from 7 a.m. to 9 p.m.; and Saturday from 7 a.m. to 10 p.m.

What can I expect when filing online?

During the process, you may be asked to complete forms and return them to the Kansas Unemployment Contact Center. You can print them and mail or fax them. The information provided in the form is important as it will be used to determine if you are eligible for unemployment benefits. A delay in the return of those documents may cause your benefits to be denied.

How do I file an application for unemployment by phone?

If you cannot file online you can apply for unemployment benefits by calling the Kansas Unemployment Contact Center. You must use a touch–tone phone to file your claim over the phone.

Are there times when I have to file a claim by phone?

You must file your unemployment application by phone if:

  • You worked in any other state than Kansas in the past 18 months
  • You filed an unemployment claim with another state in the past 12 months
  • You were in the military service or were a federal employee in the past 18 months

All other claims can be filed online. Remember, filing online is simple, fast and secure; whereas there will be a wait if I transfer you to take your application.

What if someone has worked out of state in the past 18 months?

The individual may file a claim for unemployment benefits in any state in which they have earned money. States will combine your wages for a claim. In Kansas, an individual with wages in another state must apply by calling our contact center—you cannot complete an application online in Kansas if combining wages. Individuals can only file/claim benefits in one state at a time, so if they begin filing in one state, their claim will remain with that state. 

What happens after I file an application for unemployment?

All new applications will have an identity verification conducted with the Social Security Administration.

After you complete your claim, you will receive an "Unemployment Insurance Monetary Determination" letter based on the information we have on your past employment. This includes:

  • The start date of your unemployment claim
  • The amount of wages reported by each employer
  • Your base period
  • Your weekly benefit amount
  • Your total benefit amount

The information in the letter will show whether you have earned enough wages to establish an unemployment claim. If you believe that wages on your "Determination Letter" are incorrect or missing information, contact the Kansas Unemployment Contact Center for assistance. You will be asked to provide proof of the correct wages (check stubs, W–2 statements or other documents).

A monetary determination does not mean you will receive benefits. Additional information may be needed from you and/or your employer to make sure you are eligible.

You must continue to file your weekly claim for payment while your claim is being investigated.

Will checking my name and Social Security number delay the time it takes to get my benefits?

The required verification for all new claims may delay the receipt of benefits in limited circumstances.

How do you check my identity?

The name and Social Security number of new claimants are sent through a secure transaction to the Social Security Administration.

Why did I receive an Identity Verification form from KDOL?

Through random selection your Social Security number was pulled for additional verification. As a part of your eligibility you are required to submit the information requested.

What information do you need for identity verification?

We will need a copy of both your Social Security card and your driver’s license or other state-issued photo ID. Legible copies of the documents should be mailed or faxed to our office by the due date shown on the Identity Verification form you were sent.

If you do not submit the required information by the due date, you will be held ineligible to receive benefits until we receive the necessary documentation. Please continue to file your weekly claims while this matter is under investigation so you may be paid for back weeks if the matter is resolved.

I can’t find my Social Security card. How do I get a new or replacement card?

If you have lost your Social Security card or changed your name, you may request a duplicate card from the Social Security Administration website.

It may take a week or more to get a replacement Social Security card. You can ask your local SSA office to provide you with a printout of your information that you can provide to us while you wait for the duplicate card to be issued. Your local Social Security office can be found in the U.S. (Federal) Government section of the phone book.

To report a name change, fill out an Application for a Social Security Card (Form SS-5). You can get the form by visiting the website above or any Social Security office, as well as by calling Social Security’s toll-free number (800) 772-1213.

How do I file another application if I have filed one in the past?

Go to GetKansasBenefits.gov to file another online application for unemployment benefits or if you need to reopen an existing claim.

Follow the instructions found there carefully. Your application is Not Complete until you reach the “Claimant Determination” page.

During the process, you may be asked to print forms that must be filled out and returned to the Kansas Unemployment Contact Center. This is important information that will be used to determine if you are eligible for unemployment benefits. A delay in the return of those documents may cause your benefits to be denied.

If you have used the website to apply for unemployment benefits at another time, you must use the same user name and password created when you filed your first application.

If you cannot file online you can apply for unemployment benefits by calling the Unemployment Contact Center. However, please note that there will be another wait time.

What do you mean by adjudication process? Is there something wrong with my claim?

No, it means there are questions or issues that must be addressed before your unemployment insurance claim can be cleared for payment or denied. During the adjudication process, we will make a determination about your claim based on the current information we have, which includes information we receive from your answers to these additional questions, your previous employer and even other sources. In some cases, we will make a determination after we have talked with you in a telephone interview.

How can I add to or correct my answer on the application?

If you have not submitted your application, you may use the back button on your Web browser to return to previous questions. You will also have an opportunity to review and change your answers before submitting the application. You may do this by selecting and changing your answer on the “Review Answers” page.

If you have already completed and submitted your application, you will be unable to change your answers or add additional information. You may fax in additional information to (785) 296-3249 or simply provide this information if selected for a phone interview

Make sure the pop-up blocker on your Web browser is turned off. To do this in Internet Explorer, go the tools in your browser menu, select pop-up blocker and select “Turn off Pop-up Blocker.”

The last page indicated that my claim was not complete. How can I check on my claim?

You will need to speak to a representative with the Unemployment Contact Center to complete the processing of your claim.

I am unable to download the form. What should I do?

Most of the forms are accessible on the Unemployment Home page.

I was unable to print the summary document or form.

You are not required to have a copy of the summary document.

What is claim maintenance?

Claim maintenance is a process that requires a detailed manual review of an unemployment insurance (UI) claim to ensure all data is accurate. Unemployment claims are stored and processed in the KDOL mainframe system and when a claim isn’t processing correctly or needs further IT intervention to process and pay the claim, a highly skilled UI specialist will make the appropriate correct changes. Every case is unique, so we do not have an estimated time frame for completion when a claim goes through maintenance.

Filing a Weekly Claim

When do I file my first weekly claim for payment?

  • File your first weekly claim on Sunday afternoon or evening or Monday before 7 p.m. after filing your unemployment claim in the previous week. For example: If you filed your initial application on Tuesday you should file for your first week of unemployment on the following Sunday or Monday. You may file weekly claims on the Internet or telephone.
  • The calendar week for unemployment compensation purposes runs from midnight Sunday to midnight the following Saturday. You may file on any day of the week, Sunday through Saturday, but filing early in the week assures the most prompt payment. You will not receive a benefit payment until that week has been claimed. If you do not file within 14 days, your claim will become inactive and you will have to file an application to re-open your unemployment claim.
  • You must file each week to be eligible for your weekly payment.
  • If there is a state or bank holiday, your payment will be delayed.

What information do I need to file a weekly claim for payment online or by phone?

You will need the following information to file a weekly claim for payment:

  • If filing online - your user name, password and PIN.
  • If filing by phone - your Social Security number and PIN.
  • The amount of your gross wages earned (money earned before deductions, not received) during the week you are making a claim for unemployment insurance. You must report wages earned for the week in which you actually worked for those wages, not the week in which you received payment for that work. This includes any pay received as a Reservist for weekend drill and annual training participation.
  • The number of hours you worked during the week being claimed.
  • Gross amount of any paid time off (such as vacation, personal time off or holiday pay) you received for the week being claimed. Do not report your vacation and holiday pay as a total; these should be separate entries on your claim.
  • Gross amount of severance pay received for the week being claimed.
  • Paper and pencil to write down any information or instructions you may be given while filing.

There is no toll-free phone number available for the Weekly Claim Line. We recommend that you file your weekly claims online to avoid long-distance charges.

What questions will I be asked?

You will be asked a series of questions when you file a weekly claim.

  • Did you work any day, Sunday through Saturday, during the week being claimed? Enter your gross earnings before deductions for this week. Do not include holiday, vacation or severance pay in this amount. Please enter the number of hours worked during the week being claimed.
  • Did you receive any bonus pay during the week being claimed?
  • Did you receive holiday pay for the week being claimed?
  • Did you receive vacation pay for the week being claimed?
  • Did you receive any severance pay for the week being claimed?
  • Did you refuse work during the week being claimed?
  • Did you quit a job or were you fired from a job during the week being claimed? Did you report the loss of employment to the Contact Center?
  • Did you attend school or enter training during the week being claimed?
  • Did you receive or change any type of pension, other than Social Security benefits, during the week being claimed?
  • Did you apply for or receive any Workers Compensation payments for the week being claimed that were for a work-connected injury or disability?
  • Were you physically able to work four or more days during the week being claimed?
  • Were you available for work with no undue restrictions for four or more days during the week being claimed?
  • Did you look for work as directed by the Kansas Unemployment Contact Center or Internet claims system during the week being claimed?

How do I file my weekly claim online?

Visit GetKansasBenefits.gov and click on FILE A WEEKLY CLAIM. Use the user name, password and PIN you created when you first applied for unemployment benefits.

You may be instructed to provide information regarding your eligibility. If you have any questions about how to use the system, first review the frequently asked questions. If you cannot find the answer there, please contact the Unemployment Contact Center.

Do I have to claim every week or can I skip weeks?

You should file every week you are unemployed. If you skip a week it will create a break in your claim and you will need to reopen your claim to continue filing your weekly claims.

Can I work and still get unemployment?

You may receive some unemployment benefits if you have other wages.

How do I get paid?

You must file a weekly claim for payment for each week you want to receive benefits. Payments will be made if all eligibility requirements have been met. Your claim becomes inactive if you have not filed a weekly claim for payment or had any other activity on your claim for 14 calendar days. If you are determined to be eligible for a benefit payment, you will receive a MasterCard debit card by mail.

When will I be paid?

If there are no issues on your claim, payments are normally received two to three business days after you file your weekly claim. (Please note: If you file your weekly claim on Sunday, payment is made on Wednesday.) Benefit payments will not always be deposited in your debit card or bank account on the same day each week. They may be delayed because of holidays or temporarily held while an issue is being investigated. You must file your weekly claim while any investigation is in progress.

How can I find out if my benefit payment has been issued?

You can obtain information concerning the status of your claim anytime online by selecting the CHECK YOUR CLAIM STATUS option, or by selecting option "1" through the weekly claim phone line. You will be able to get information about:

  • The last three weeks you claimed.
  • Date and amount of your benefit payment and the amount of benefits remaining.
  • If a benefit payment was not issued, the system may be able to tell you the reason.
  • If the amount of your benefit payment is reduced because of earnings, pension, child support deduction or any other reason, the system will tell you the amount of the deduction and the reason for it.

How can I get information about my claim not available through the weekly claim line?

If you have questions that cannot be answered by the weekly claim system, please contact the Unemployment Contact Center.

Note: It is against the law for the agency to give information about your claim to anyone else, including your spouse, other family members or friends. Do not ask others to contact the Kansas Unemployment Contact Center for information.

Online Benefits Account

Why do I need a Kansas unemployment benefits account?

In order to file an initial application for unemployment benefits or to file a weekly claim for unemployment benefits on GetKansasBenefits.gov, you must first create and login with a unique user account that is associated to you, the claimant. Without an account, you will be unable to file for benefits online.

What information do I need to set up an account at www.getkansasbenefits.gov?

You will need to provide the following information and/or unique identifiers when creating your account: first name and last name; Social Security number; telephone number; email address; user name; password; and a PIN (personal identification number).

You must create a unique user name and password so the online system will be able to recognize you. Be sure to make note of your user name and password because you will need to use them to file your initial application for benefits as well as your weekly claim for benefits.

What are the requirements for my user name and password?

Your user name and password must be at least six characters long. You may use numbers, letters and symbols in your user name password. Your user name and password should be something you can remember and others cannot guess.

What are the requirements for my PIN?

Your PIN must be four-digits long. Do not use repeated numbers like 1111 or numbers in a sequence like 1234. Your PIN identifies you to the system. Your PIN, along with your Social Security number, is your electronic signature. This helps prevent another person from obtaining information about your claim or claiming your unemployment benefits.

What if I have forgotten my username, password or PIN?

Our website has an automated feature to reset your username and password on the Benefits Log-In page. If you are still having problems after trying that, please try our contact center.

How do I access the online unemployment benefits system?

You can access the unemployment benefits system by visiting GetKansasBenefits.gov and selecting the Get Started Here option at the top of the page.

How do I change my address or other personal information?

You may change your address, phone number, email address, telephone number, password, PIN and other personal information by selecting the Change Your Information option after you log into the online unemployment benefits system.

What can I do on www.getkansasbenefits.gov?

You can use the website to:

  • File an application for unemployment insurance benefits
  • File your weekly claim for benefits
  • Check payment information
  • Check the status of your claim
  • Update personal information (phone number, mailing address, email address)
  • Reset your PIN (Personal Identification Number)
  • Review the Unemployment Insurance Desk Guide
  • View resources on unemployment insurance benefits.

How can I get information about my claim not available through the weekly claim line or online? What information are you questioning?

  • If you have received a message regarding eligibility, it means that KDOL is performing an eligibility review. There are a number of reasons for an eligibility review.  Payment will not be processed until the investigation is complete and you are found eligible for benefits. Please respond to all requests for information from the agency in order to speed the process along.
  • If you receive a message indicating that benefits did not pay because of the waiting week, it is because you are required to serve a waiting week.  We know that a systems glitch caused some claimants not to receive the payment for the waiting week, and we are working to resolve that issue.

If you have questions that cannot otherwise be answered by the weekly claim system or online, you will have to speak to an Unemployment Insurance Contact Center representative.

Adjudications

What does adjudication mean?

Adjudication is the process we use to resolve questions. We will call to gather more information about an unemployment insurance claim. Your claim may go to adjudication if there are questions about why you left your job, or are meeting other eligibility requirements. During adjudication, we will make a determination about your claim based on the current information we have, additional information we receive from you, your previous employer and even other sources.

Why did my claim go to adjudication?

In broad terms, a claim goes to adjudication if it raises questions about why you left your job, or your eligibility for benefits. For example, if you said on your application that you were fired from your job, we'll need to find out more about those circumstances before we can decide if you're qualified for benefits. All reasons other than lack of work (layoffs) will trigger adjudication. (These include getting fired, quitting, taking a leave of absence and or being involved in a labor dispute.) There are a number of eligibility factors that will also trigger adjudication.

If my application goes to adjudication, does that mean I've been denied unemployment benefits?
No. If your case goes to adjudication, it means there are questions or issues that must be addressed before your claim can be cleared for payment or denied. We temporarily suspend your claim until we resolve those issues by obtaining information from you and/or your employers and by seeking additional information to clear up any conflicting or missing information. Issues often include the reason or circumstances that led to your job loss.

Should I continue to file weekly claims even though my case is in adjudication?

Yes, you should file a claim each week as long as you remain unemployed. If your case is cleared for payment and you have met all eligibility requirements, you'll get back payments for any weeks you claimed and were eligible to receive, in one lump sum.

What happens after my claim goes to adjudication?

We may call to ask you questions about your claim, or we may mail you a form and ask you to send in more information explaining the circumstances. (If you're filing online, we'll provide this form for you to complete right away and mail or fax, so we have that information in our system to make a determination or follow-up with a call.

What happens if I am called by an adjudicator?

We'll ask you a variety of questions to help us determine your eligibility for unemployment benefits. It's very important that you answer all of our questions completely and honestly.

Will my employer be on the phone call with me?

No. Adjudication calls are just between the claimant and KDOL.

What happens if I miss my phone call?

This phone call is important! If you miss the first call, we will make a second attempt to contact you. If we are not able to connect during that time, we have to make a decision about your eligibility or separation based on the information we have.

How will I know what happens after the adjudication process?

We'll send you a letter of determination that says you've been approved for unemployment benefits or explains why we've denied your claim. If we deny your claim, the letter includes information about how to appeal and where to send your appeal. If you are denied and you decide to file an appeal, you'll get a copy of all the documentation we used to make our decision. During your appeal, you should continue to file weekly claims as long as you remain unemployed.

How long will it take for a decision to be made?

At this time, determinations are estimated to take 8-12 weeks.

How soon will I get my benefits?

If there are no other issues, your benefits will be released the day after we enter your determination into our computer system. Your benefits—and any back payments—will be automatically deposited on your debit card or into your bank account depending on which method of payment you selected when filing your application.

How can I keep my claim moving?

  • Complete and return all information requests promptly. The sooner we have answers to our questions, the sooner we can make a determination.
  • Pay attention to information requests that appear on the "confirmation" page when you file your claim online. They must be printed, filled out and returned before we can make a determination on your claim.
  • Watch your mailbox. We may send you requests for additional information. And if you move, let us know promptly.
  • Send your information to the address or fax number indicated on our form.
  • You should respond to our request for information, Print clearly, answer all the questions and explain yourself fully.
  • Make sure your name and Social Security number are on all pages of correspondence.
  • Be available when we schedule a call for your determination interview. It might come a little earlier or later in the day because of the length of other scheduled calls.
  • Continue to file weekly claims while any investigations are underway.

What are my appeal rights?

If you disagree with the Notice of Determination mailed to you following adjudication of a claim, you may file an appeal with the Kansas Department of Labor within 16 days of the mail date of the determination. Your appeal rights and time limits for filing an appeal are explained on the back of your Notice of Determination.

How do I request an appeal?

Write a letter asking for an appeal and submit it to the Office of Appeals. The letter should include the claimant’s name, the last four digits of the claimant’s Social Security number, your current address, your phone number, and the determination you are appealing. Send the letter to the Office of Appeals at the contact information below.

Office of Appeals
KDOL.Appeals@ks.gov

401 SW Topeka Blvd, 2nd Floor
Topeka, KS 66603-3182

What happens after I file an appeal?

After you file your appeal, staff in the Office of Appeals will prepare your hearing packet, which includes the letter of appeal, any documentation submitted with the letter of appeal, the determination being appealed, and all documentation previously submitted by both the claimant and the employer to the Kansas Department of Labor that is relevant to the issue appealed. The case will then be scheduled for hearing. Cases are scheduled on a first in, first out basis.

How will I learn about the hearing?

After you request an appeal and your appeal has been scheduled, you will receive a Notice of Telephone Hearing, instructions on how to prepare for your appeal hearing and your hearing packet.  The Notice of Telephone Hearing will list the date and time of your hearing.  It is important that you follow the directions on the Notice of Telephone Hearing to register for the hearing by providing a telephone number at which to be contacted for the hearing.  Register as soon as you receive your hearing notice, but in any event no later than 1 p.m. the business day before the scheduled hearing or you will not be called for the hearing.

What do I do after receiving my Notice of Telephone Hearing?

In order to participate in the hearing, you are required to call the Office of Appeals by 1 p.m. the business day prior to the scheduled hearing and provide a telephone number at which you can be contacted for the hearing. If you do not provide a telephone number by 1 p.m. the business day prior to the hearing, you will not be called for the hearing. It is important that you participate in the hearing because the decision will be based on information you give at the hearing. Failure to take part in the hearing may result in an erroneous decision.

You can now register online for your Appeals hearing scheduled June 15, 2020 or after by providing your docket number and participant information! 

What if I am not available at the time of my scheduled hearing?

If you have good cause why you cannot participate at the scheduled time, you may request to reschedule the hearing—this is called a “continuance.” Good cause is a compelling personal emergency and not simply inconvenience. The request must be made in writing by 1 p.m. the business day prior to the scheduled hearing.

Can I have witnesses at the hearing?

Yes, you can have witnesses at the hearing.  All witness names and telephone numbers must be provided to the Office of Appeals by 1 p.m. the business day prior to the hearing.

Can I subpoena evidence or witnesses?

You may request that the Office of Appeals issue a subpoena to obtain necessary witnesses or evidence. The request for a subpoena must be made in writing at least seven days before the hearing date. Your request for a subpoena can be denied, and you can state your objection to the denial at the hearing.  You must also attempt to obtain the evidence or witness for the hearing yourself before seeking a subpoena.

Can I submit evidence?

Yes. All evidence must be submitted to both the Office of Appeals and the opposing party no later than 1 p.m. the business day prior to the hearing.  If you do not provide the evidence to both parties in advance as required, use of the evidence may be denied.  The name and address of the opposing party you should use is listed on the bottom of the Notice of Telephone Hearing.

Do I need an attorney?

Although it is not required, you have the right to be represented by an attorney licensed in the state of Kansas or a duly authorized representative at your hearing. A duly authorized representative is a union representative, a supervised law student, an employee of a corporate employer or an employee of the employer’s cost control firm.

If I get an attorney, what do I need to do?

An attorney must file a written entry of appearance before the hearing with the Office of Appeals.

Who pays for the attorney?

All attorney fees must be paid by the person or company hiring the attorney. Attorney fees assessed to the claimant must be approved by the Secretary of Labor in accordance with K.S.A. 44-718(b). The Secretary of Labor may not approve fees in excess of 25 percent of the claimant's total benefit amount.

How is the appeal hearing conducted?

The appeal hearing will likely be scheduled to take place by telephone. You will be called by the Appeals Referee at the time of your hearing. The opposing party and any additional witnesses or representatives will also appear on the same telephone call.The Appeals Referee will explain the hearing procedures and then both parties will have the opportunity to present their testimony and evidence. Cross-examination is also allowed. Both parties will have the chance to make a final statement before the conclusion of the hearing.After the hearing, the Appeals Referee will consider both the facts and the law and issue a written decision that will be mailed to both parties. You will not be given a decision the day of your hearing.

What if I need an interpreter or some other accommodation for the hearing?

Interpreter services or disability assistance will be provided upon request.

How long will the hearing take?

Hearings are normally scheduled for 45 minutes to an hour, but the length of the hearings can vary depending on number of witnesses, volume of evidence and types of issues.

What if I want an in-person hearing?

In-person hearings are held on a very limited basis if a telephone hearing is not possible. To request an in-person hearing, you must submit the request in writing.The party requesting the in-person hearing may be granted the right to appear in person, but the other party will have the option of appearing via telephone or in person unless the Appeals Referee determines that it would be best for all parties to appear in person.All in-person hearings are held in Topeka, Kansas.

How long does the whole process take?

Your hearing will be set for the first available time after we receive your request. The length of time before your hearing will depend on the number of other appeals to be heard.  Appeals Referees are scheduled up to 35 cases per week and the length of time to issue each decision varies widely depending upon the complexity of the case. Your decision will be mailed to you as soon as possible after the hearing.

Do I keep filing weekly claims?

Yes. During the appeal process, you should continue to file your weekly claim for payment for each week you are unemployed. You will not be paid for any week for which you have not filed a weekly claim for payment, even if an appeal decision finds you eligible for benefits.

The opposing party filed an appeal. Do I have to participate?

You are not required to participate. However, failing to participate could negatively impact your benefits (for claimants) or your employer tax liability (for employers). For example, a claimant who has been paid benefits and receives an unfavorable appeal decision could result not only in a loss of future benefits, but also an overpayment of benefits previously paid that the claimant would be required to repay. It is important to appear and participate in the hearing to protect your rights.

What if I disagree with the decision of the Appeals Referee?

Either party may request the decision not in their favor be reviewed by the Employment Security Board of Review (the Board). Instructions for filing that appeal are on the last page of the Appeals Referee’s decision. The Board will review the hearing testimony and evidence and will not hold a new hearing or accept additional evidence.  You may appeal the Board’s decision to the District Court and up through the Court of Appeals and Kansas Supreme Court if you so desire. These additional appeals are at your expense.

How do I contact the Office of Appeals?

Call the Office of Appeals at (785) 296-1800 by 1 p.m. the business day prior to the scheduled hearing to confirm or reschedule your hearing.

Eligibility and Disqualifications

Am I eligible for benefits if I attend school?

An adjudicator will determine whether or not you are eligible for benefits if you attend school. They will review whether or not attending school impacts your availability. Under certain circumstances, your classes or training may be certified as approved training.

Why do you need to know why I lost my job?

If you are unemployed for any reason other than lack of work, the reason you lost your job may have a bearing on whether you receive benefits. Each time you become unemployed and apply for unemployment benefits, you must provide the reason you are unemployed.

Can I get benefits if I leave work voluntarily?

You will be disqualified for benefits if you if you voluntarily quit your job without good cause attributable to the work or the employer.

You may still be eligible if you under certain circumstances outlined in Kansas law. The only way to know if you will receive benefits if you have left work voluntarily is to apply for benefits and allow one of our adjudicators to make a determination.

What if I was fired?

You are not eligible for unemployment benefits if you are discharged (fired) for misconduct or gross misconduct connected with the work.

"Misconduct" is defined as a violation of a duty or obligation reasonably owed the employer as a condition of employment.

"Gross misconduct" is defined as extreme, willful or wanton misconduct.

What if I refuse a job?

You are not eligible for unemployment benefits if you fail without good cause to apply for or accept suitable work when offered. We will consider a number of different factors in determining whether work is suitable including circumstances related to COVID-19.

What is Severance Pay?

Severance, termination or other similar pay is payment made by the employer when an employee is separated from a job. This can be made in a lump sum payment or several payments over a period of time.

Do I have to report my severance pay when applying for unemployment benefits?

Yes, all severance pay must be reported to the Kansas Department of Labor when filing an application and weekly claims for unemployment benefits. A determination will be made to determine if and when the claimant is eligible for benefits.

How long does the whole process take?

Your hearing will be set for the first available time after we receive your request. The length of time before your hearing will depend on the number of other appeals to be heard.  Appeals Referees are scheduled up to 35 cases per week and the length of time to issue each decision varies widely depending upon the complexity of the case. Your decision will be mailed to you as soon as possible after the hearing.

What’s the penalty for unemployment fraud?

Someone found to have committed fraud is disqualified from receiving any unemployment benefits for a period of five years and can be prosecuted for making false statements or withholding material information to obtain benefits not due to the individual.

Can a claimant receive unemployment benefits and workers compensation payments at the same time?

No. You cannot receive workers compensation for temporary or permanent total disability under the Workers Compensation Law of any state and receive unemployment benefits simultaneously.

If my application goes to adjudication, does that mean I've been denied unemployment benefits?

No. If your case goes to adjudication, it means there are questions or issues that must be addressed before your claim can be cleared for payment or denied. We temporarily suspend your claim until we resolve those issues by obtaining information from you and/or your employers and by seeking additional information to clear up any conflicting or missing information. Issues often include the reason or circumstances that led to your job loss.

How soon will I get my benefits?

If there are no other issues, your benefits will be released the day after we enter your determination into our computer system. Your benefits—and any back payments—will be automatically deposited on your debit card or into your bank account depending on which method of payment your selected when filing your application.

How can I speed up my application for unemployment benefits?

There are a few things that you can do to help speed up the process and make sure your claim goes smoothly through the system. Before you file your claim, make sure you have:

  • The names and complete addresses of all your employers for the past 18 months, as well as the beginning and ending employment dates with those employers.
  • The reason you're out of work. Why you lost your job may have a bearing on whether you receive benefits. We'll gather information from both you and your employer.
  • Were you employed out of state? We can request wages information from the other state(s) to use on your claim.
  • Were you recently discharged from the military? We're required to obtain a copy of your DD–214, Member 4.
  • Did you leave federal employment? We'll ask for a copy of your SF–50, W–2 or check stubs.
  • Filing online is one of the fastest ways to complete the claim process. You can complete a claim online at GetKansasBenefits.govprovided you meet these criteria: 
    1. In the past 18 months, you have not worked outside the state of Kansas.
    2. In the past 12 months, you have not filed an unemployment claim with another state.
    3. In the past 18 months, you have not been a member of the military or a federal employee.
  • Errors in your filing or missing information will slow up the process while we work to get the necessary information to determine if you are eligible for benefits.

Mass Layoff Spreadsheet Filing

My employer filed by spreadsheet. Do I need to file an application too?

No. If your employer filed by spreadsheet, that is your application. Please do not file an application if your employer already did because that will result in a delay in benefits. However, you do still need to submit a weekly claim if your employer filed by spreadsheet.

I am an employer and I filed by spreadsheet, but I accidentally forgot to add an employee. What do I do?

If you forgot to add an employee, please file a new spreadsheet for just that person. Please do not resubmit a duplicate spreadsheet with the employee left off added.

I am an employer and I filed by spreadsheet, but made a mistake (wrong SSN, Date of Birth, Address, etc.). What do I do?

Send an e-mail to KDOL.ClaimMaintenance@ks.gov and advise of the error and what needs to be corrected. Make sure to include your Company Name, your name, title and contact information. You may be contacted if further information is needed. Do not submit another spreadsheet.

Why should an employer file by spreadsheet?

By filing by spreadsheet, the employer is able to submit the application for unemployment insurance benefits for all employees. They will have the opportunity to provide all information at once instead of responding to individual requests for information from KDOL. This also allows employers direct access to one of Employer Relations Specialists to answer their questions instead of waiting on hold at our UI Contact Center. The process saves time for employers while helping claimants receive benefits faster and easier!

How does an employer file by spreadsheet?

On our website, you will find a Layoff/Shared Work Template for you to download, fill in, and then upload to our website. When you are ready to upload, you can use your existing Unemployment Tax Username and password. If you do not have one, you can register online.

What do I need to include when filing by spreadsheet?

The Social Security Numbers should not include any dashes (-). EXAMPLE: "123-45-6789" should be entered in the spreadsheet as "123456789". It is important that you do not alter the form, as doing so may prevent us from being able to process the spreadsheet through our system. All information requested on the spreadsheet is needed in order to process these claims. We appreciate your willingness to help your employees by filing their applications for them.

So what does the employee do after the employer files by spreadsheet?

The layoff spreadsheet is the initial filing for unemployment insurance benefits. Each individual employee or claimant is responsible for filing their own weekly claims honestly and accurately. If a weekly claim is not filed, it cannot be paid.

What should an employer tell employees after filing by spreadsheet?

Employers are required to notify employees of their potential eligibility for unemployment insurance benefits. KDOL does ask that the employer inform all employees included in the layoff that identity verification with the Social Security Administration will be conducted once the layoff spreadsheet is processed. If the employee does not pass the verification, they will be asked to supply a copy of their driver’s license and Social Security card to KDOL. Additionally, employees will need to answer all other requests for information from KDOL. They will receive a Monetary Determination along with the K-Ben SLF (Kansas Unemployment Benefits Disclosure) form in the mail.

I am an employer and received individual Employer Notices (KBEN 44/45) but I filed the mass layoff spreadsheet?

Spreadsheets submitted with 25 or less employees will be mailed individual employer notices (KBEN 44/45). Employers should complete and send the forms back as instructed on the notices.

Unemployment Fraud

What is unemployment fraud?

Unemployment Fraud is the willful misrepresentation of information by an individual for purposes of collecting unemployment benefits. Anyone who collects unemployment while knowingly doing something that would make them ineligible has committed fraud.

What are some things that can cause fraud?

Fraud occurs when a claimant receives benefits:

  • And has refused suitable work and fails to report this
  • And is not looking for work
  • While working and does not report those earnings
  • While working and does not report the correct amount of earnings 
  • While operating their own business
  • And knowingly misrepresents that they are able and available for work (for example, the claimant is on vacation, out of town, in jail or in the hospital)

What’s the penalty for unemployment fraud?

Someone found to have committed fraud is disqualified from receiving any unemployment benefits for a period of five years and can be prosecuted for making false statements or withholding material information to obtain benefits not due to the individual. This disqualification cannot be waived for COVID-19.

Why should I care if someone commits unemployment fraud?

Each year, employers pay unemployment taxes which are deposited into the Unemployment Insurance (UI) Trust Fund. Some unemployment benefits are paid out from this fund to workers who have lost their jobs through no fault of their own. Employers’ tax rates are affected when workers make claims against their account. Fraud can have a negative impact on these employers. Fraud may also reduce the balance of the UI Trust Fund which impacts payments to those who are unemployed. The Kansas Department of Labor (KDOL) wants to ensure unemployment benefits are not being diverted from the UI Trust fund to those who are not eligible. Funds recovered from those fraudulently receiving regular unemployment benefits are returned to the UI Trust Fund, as appropriate.

Can a claimant work part-time while receiving benefits?

Yes, you may receive some unemployment benefits if you have other wages. You can receive benefits, or a portion of your benefits, if you work less than full time and earn less than your weekly benefit amount. You must report all wages earned that week when you file your weekly claim.

Can a claimant go on vacation while receiving benefits?

A primary requirement for receiving unemployment is that you must look for and be able and available to work while you are receiving unemployment benefits. This would mean a week spent away on vacation, or even in the hospital, could mean you cannot collect unemployment because you wouldn’t be able and available to accept or look for a job.

Can a claimant turn down a job while receiving benefits?

You are not eligible for unemployment benefits if you fail without good cause to accept suitable work if it is offered to you. Suitability is determined by considering your skills, training, experience and capabilities needed for the job. Labor market conditions must also be taken into consideration when considering the suitability of any work offered (your prospects for work, the number of jobs available in your chosen occupation or skills area, etc.). Did the job meet federal/state standards in that the working conditions were not substantially less favorable than those prevailing for similar work in the labor market? If it is determined the job is suitable and you failed to accept the work, you are disqualified from benefits.

If the job was suitable, did you have good cause for refusing the work? Did you refuse the job because of illness, hospitalization, lack of child care or transportation, etc.? These are availability issues. In order to establish good cause, you must have made every reasonable attempt to remove the restriction. 

If you refused work for a job-related reason – wages, hours, type of work, distance, etc. – good cause is based on your length of unemployment, prior earnings/working conditions, prospects of other employment and availability of work in the labor market.

Can a member of a union that is on strike receive unemployment benefits?

If you are involved in a strike (labor dispute) you are not eligible for unemployment benefits during the strike if you refuse to cross the picket line. Individuals who are part of a temporary layoff by their employer are eligible to apply for unemployment benefits during the layoff period.

Can a claimant receive benefits in Kansas while working a full-time job in another state?

No, you cannot collect unemployment once you return to full-time work, no matter if it is in a different state or for a different employer.

Can a claimant operate their own business and receive benefits at the same time?

If he or she is operating a full-time business, he or she is not eligible. If this is a part-time occupation such as selling cosmetics or vitamin supplements, the income must be reported and it might reduce any benefits to which he or she is entitled.

Can a claimant receive unemployment benefits and workers compensation payments at the same time?

No. You cannot receive workers compensation for temporary or permanent total disability under the Workers Compensation Law of any state and receive unemployment benefits simultaneously.

Can a claimant go to school or attend training while receiving unemployment benefits?

It depends on the type and timing of the training. A claimant in an approved training course is eligible to receive unemployment benefits as long as they continue to meet all the requirements of that program, reporting progress as requested. A claimant taking classes that are not classified as approved training must continue to look for work and be available for work in order to receive unemployment benefits, even if this interferes with their class schedule.

What happens if I’m overpaid unemployment benefits?

If you receive benefits you are not entitled to, you are required to repay the benefits, even if someone else made the mistake that caused the incorrect payment. When a potential overpayment is detected, we may ask you to provide information as we investigate. If an overpayment has been established, we will mail a notice of determination explaining how the overpayment occurred, the amount overpaid and how to repay the amount due.

If you believe that the notice is incorrect, you have the right to appeal.

If it is determined that a claimant received more money than they were entitled to, their case is turned over to the Asset Recovery unit to collect the debt. You may contact the Asset Recovery unit at (785) 296-3609 to make arrangements to repay an overpayment. You may repay it in a lump sum or by making payments. If you have an overpayment, we will withhold future benefits payments and apply it towards the amount due. In addition, any federal and state tax refunds you may be due will be intercepted and applied to the overpayment in each year an overpayment remains.

It is to your advantage to repay overpayments as soon as possible. Kansas law requires that we collect interest on your overpayment, which over time will increase the amount you must repay.

Reporting Fraud

How do you catch fraud?

The Kansas Department of Labor has a special Fraud Investigations unit that handles all allegations of Fraud. 

The group’s purpose is to detect, investigate and prosecute, if necessary, incorrect payments of UI benefits.

Most leads come from a quarterly cross-match of audits sent to employers. The audit checks for claimants who received benefits in the same quarter they also received wages reported by an employer. We also use the national and state directory of new hires to check for those collecting benefits after starting a new job.

Tips from the public are a great source of information in catching fraudulent activity. If you believe someone is fraudulently collecting unemployment benefits, please report it immediately to our Fraud Investigations unit. All allegations of fraud are investigated

Can anyone report fraud?

Yes, if you suspect that someone is fraudulently receiving unemployment benefits, please notify the Fraud Investigations unit. Be sure to include as much information as possible so that we can adequately investigate your claim. If you do not have all the information requested, don’t worry—just tell us what you do know.

Can you report anonymously?

Yes. You can make an anonymous report, but providing us with your contact information allows us to obtain additional information if necessary.

Are all reported fraud cases investigated?

All allegations of fraud are investigated. The more information you can provide, the better chance we have of conducing a successful investigation.

What information do you need when I report a suspected fraud case?

The two most important pieces of information to report are the person’s full name and the reason you believe they are committing fraud. Other information that may help us correctly identify the individual includes the person’s address, phone number, birth date, the last four digits of his or her Social Security number as well as their current employer’s name and address. See the online or downloadable reporting forms for more details.

Identity Verification by Law Enforcement Officers

My UI benefits account has been flagged for fraud and I need to verify my identity with KDOL. What are my next steps?

The first step would be to upload a copy of your driver’s license and Social Security Card to the UI Assistance Portal. If you have completed this step and still have a fraud flag on your account, you can visit a participating law enforcement agency to have your identity verified in person. This new Law Enforcement Officer Identity Verification process was enacted by H.B. 2196.

Which law enforcement agencies have opted to participate in the identity verification process?



A full list of participating law enforcement agencies can be found below.

What documentation do I need to bring to verify my identity with a law enforcement officer?

You must provide one selection from List A
OR
A combination of one selection from List B AND one selection from List C.

List A
Documents that Establish Both Identity and Employment Authorization
List B
Documents that Establish Identity
List C
Documents that Establish Employment Authorization
  1. U.S. Passport or U.S. Passport Card
  2. Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
  3. Foreign passport that contains a temporary Form I-551 stamp or temporary Form I-551 printed notation on a machine-readable immigrant visa.
  4. Employment Authorization Document Card (Form I-766)
  5. For a nonimmigrant alien authorized to work for a specific employer because of his or her status:
    1. Foreign passport; and
    2. Form I-94 or Form I-94A that has the following:
      1. The same name as the passport; and
      2. An endorsement of the alien's nonimmigrant status as long as that period of endorsement has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified on the form.
  6. Passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States of the FSM or RMI.
  1. Driver's License or ID card issued by a State or outlying possession of the United States provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address
  2. ID card issued by federal, state or local government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color, and address
  3. School ID card with a photograph
  4. Voter's registration card
  5. U.S. Military card or draft record
  6. Military dependent's ID card
  7. U.S. Coast Guard Merchant Mariner Card
  8. Native American tribal document
  9. Driver's license issued by a Canadian government authority

For persons under age 18 who are unable to provide a document listed above:

  1. School record or report card
  2. Clinic, doctor, or hospital record
  3. Day-care or nursery school record
  1. A Social Security Account Number card, unless the card includes one of the following restrictions:
    1. NOT VALID FOR EMPLOYMENT
    2. VALID FOR WORK ONLY WITH INS AUTHORIZATION
    3. VALID FOR WORK ONLY WITH DHS AUTHORIZATION
  2. Certification of report of birth issued by the Department of State (Forms DS-1350, FS-545, FS-240)
  3. Original or certified copy of birth certificate issued by a State, county, municipal authority, or territory of the United States bearing an official seal
  4. Native American tribal document
  5. U.S. Citizen ID Card (Form I-197)
  6. Identification Card for Use of Resident Citizen in the United States (Form I-179)
  7. Employment authorization document issued by the Department of Homeland Security

 

What is the process for identifying my identity with a law enforcement officer?

When you arrive at the law enforcement agency, the officer will supply you with the K-FRD 102 Identity Verification – Law Enforcement Office form. Fill out Section A. The officer will fill out Section B using the identity verification documents you provide them. Fill out Section C with your benefit payment information then print, sign and date the form under Claimant Certification. The officer will fill out and sign under LEO Certification. Then the officer will submit the completed form to KDOL.

How long will it take to be contacted by KDOL?

If there are no other issues with your account, you should be contacted by KDOL in approximately 48 – 72 hours. If an investigation is opened, the process may take longer to complete.

What happens after I verify my identity with a LEO?

After the officer submits the completed identity verification form to KDOL, our Fraud Investigation unit will review the document and UI benefits account. We may contact you for additional questions. If our agency determines your identity has been verified correctly, the flag will be lifted from the account.

Note: Verifying your identity does not guarantee eligibility. Claimants will still need to be found eligible for UI benefits in order to start receiving payments.

Unemployment Benefits and Tax Information

Benefits

How is the amount of my benefits determined?

When you file an initial application, your work history will be reviewed to determine if you have earned enough wages to qualify for unemployment.

If you have earned enough wages to qualify for benefits, you will be entitled to receive regular unemployment benefits for those weeks when you are either totally or partially unemployed and meet all requirements. We determine both your weekly benefit amount (WBA) and your total benefit amount (TBA) based on the wages you earned during your base period.

To qualify for benefits you must have been paid wages from insured employment in at least two quarters with the total of your wages being at least 30 times your WBA. Insured work is work performed for employers who are required to pay unemployment insurance tax on your wages.

What will my Weekly Benefit Amount be?

If you are eligible for regular unemployment benefits, weekly benefit amounts for claims effective before July 1, 2021 will be between $125 and $503 per week. For claims filed on or after July 1, 2021, weekly benefit amounts will be between $135 and $540 per week. You will be notified of your weekly benefit amount through a monetary determination, which will be issued after you file an application for benefits. If you want an estimate of your weekly benefit amount, we recommend using our benefits calculator at GetKansasBenefits.gov. You may also be eligible to receive an additional $600 per week from the federal government in addition to your Kansas weekly benefit amount from March 29, 2020 through July 31, 2020.

When does my Benefit Year begin?

The Benefit Year begins when your claim is effective. Your claim is good for one year starting with this date.

Is there a waiting week?

Yes. The waiting week is the first weekly claim filed that the claimant is eligible for unemployment benefits and this week does not pay. The claimant serves one waiting week per benefit year.

The waiting week is resuming for any claims filed after June 15, 2021. The Order was in effect starting March 14, 2021 and is reinstated June, 15, 2021. For claims filed between

Please continue to file for unemployment benefits as soon as you become unemployed. Your claim is effective the week you file and the waiting week will be served for the first eligible week of unemployment.

My Benefit Year ended, but I’m still unemployed. Do I need to reapply?

Yes, if your benefit year has ended and you still need unemployment benefits, you must file a new initial claim on the GetKansasBenefits.gov website to reestablish a new benefit year. Your monetary entitlement is active for only that year. When you file for a new benefit year, it will be reviewed as a new state unemployment claim and KDOL will determine your eligibility for either state or federal benefits. This process of determining may take a few days and claimants will be notified via mail. In the interim, continue to file your weekly claims if you are not working or are working reduced hours.

What is the Weekly Benefit Amount?

The Weekly Benefit Amount is the amount of unemployment insurance benefits you are eligible to receive each week before taxes and other deductions, if it is determined you are eligible to receive unemployment benefits.

What is the Total Benefit Amount?

The Total Benefit Amount is the amount of unemployment benefits you are eligible to receive during your benefit year, if it is determined that you are eligible to receive unemployment insurance benefits. Divide your total benefit amount by your weekly benefit amount to calculate the approximate number of weeks of unemployment benefits available to you.

What is the Average Kansas Rate?

The seasonally adjusted, three-month average unemployment rate in Kansas at the time your claim is effective.

Will the weekly and total benefit amount showing on my monetary determination include the additional $600 authorized under federal law?

No, the amount will show only your state entitlement. The $600 will be paid in addition to those amounts.

Can I work part time and receive benefits?

You may receive some benefits for a week in which you work less than full time and earn less than your weekly benefit amount.

You may earn up to 25 percent of your weekly benefit amount (WBA) without a reduction to your unemployment benefits. Any earnings over 25 percent of your WBA will be deducted from your unemployment benefits on a dollar-for-dollar basis.

You must report your gross wages (wages before deductions) and not your take-home pay. This includes any wages received as a Reservist for weekend drill and annual training participation.

All wages from employment must be reported during the week when the wages are earned, not when they are received.

Will other income impact my benefits?

Vacation, holiday, bonus, and separation pay may reduce or delay your unemployment benefits when paid. If you receive these types of pay while claiming unemployment benefits, you must report this information when you file your application and weekly claim for payment.

Certain retirement pensions will reduce your weekly benefit if the employment you are receiving the pension from is also your base period employment (the first four of the last five completed calendar quarters).

Examples of pensions that may reduce your benefits include:

  • Military retirement
  • Private employer pension
  • Federal civilian pension
  • State, county or city pension
Note: Social Security benefits will not reduce your weekly benefit amount.

What if I have been ordered to pay child support?

If you are responsible for court-ordered child support payments and are in arrears, the Kansas Department for Children and Families will initiate an order to take part of your unemployment insurance benefits.

Initially, the order will take 50 percent of your benefits each week.

For more information please call the Child Support Call Center at (888) 757-2445.

The Kansas Department of Labor cannot assist in answering any questions about child support cases.

The $600 FPUC payments will also be deducted for Child Support.

What happens if I am overpaid unemployment insurance benefits?

If you receive benefits you are not entitled to, you are required to repay the benefits, even if someone else made the mistake that caused the overpayment. When a potential overpayment is detected, we may ask you to provide information as we investigate. If an overpayment has been established, we will mail a notice of determination explaining how the overpayment occurred, the amount overpaid and how to repay the amount due. If it is determined that a claimant received more money than they were entitled to, their case is turned over to the Asset Recovery unit to collect the debt. You may contact the Asset Recovery unit at (785) 296-3609 to make arrangements to repay an overpayment. You may repay it in a lump sum or by making payments. If you believe that the notice is incorrect, you have the right to appeal.

You may pay it back in a lump sum, or you can request a payment plan to pay overtime.

If you are still claiming benefits, your overpayment will be deducted from your weekly unemployment payments until the overpayment is repaid. This means you will be without unemployment benefits until the overpayment is paid back. In addition, any state tax refund you may be due will be applied to the overpayment in each year an overpayment remains. It is to your advantage to repay overpayments as soon as possible.

Kansas law requires that we collect interest on your overpayment, which over time will increase the amount you must repay.

The $600 FPUC payments will currently not be used to offset overpayments.

Are my benefits taxable?

Unemployment insurance is taxable income and must be reported on your federal and state income tax returns.

If you want to have taxes withheld from your weekly unemployment benefits, complete the authorization form Agreement to Withhold Federal Income Tax from UI Benefits for federal withholding and Agreement to Withhold Kansas Income Tax from Unemployment Insurance Benefits for state withholding and send them to the Unemployment Contact Center as directed on the forms.

In January IRS Form 1099-G will be mailed to you stating the amount of unemployment insurance benefits paid to you during the previous year as reported to the IRS.

Can someone apply for benefits if their hours are reduced?

Yes, they can apply, and our staff will then determine whether or not they are eligible for benefits. Working less than full time may still be considered unemployed depending on the amount the individual earns. If they are eligible, their weekly benefit amount will be reduced in accordance with the amount of earnings. It is important that claimants accurately report their earnings when filing their weekly claims.

If an individual has multiple jobs, can they still claim unemployment for the loss of a job?

Yes, they can apply, and we will determine whether or not they are eligible for benefits. We know people are holding more than one job at a time. We will look at the weekly benefit amount and how much is earned and the hours of work at the other job to determine eligibility. If they are eligible, their weekly benefit amount will be reduced in accordance with the amount of earnings. It is important that claimants accurately report their earnings when filing their weekly claims.

What if someone did not work before their current job?

To be eligible for unemployment benefits, an individual must have worked sufficiently within the last 18 months. The individual can apply for benefits, and KDOL will determine whether they have sufficient earnings during that time period to be entitled to benefits.

Payments

How will I get paid?

You must file a weekly claim for payment for each week you want to receive benefits. Payments will be made if all eligibility requirements have been met. Your claim becomes inactive if you have not filed a weekly claim for payment or had any other activity on your claim for 14 calendar days. Claims will be paid by debit card or direct deposit depending on which option you selected when filing your application for benefits.

When will I be paid?

If there are no issues on your claim, payments are normally received two to three business days after you file your weekly claim.

Please note: If you file your weekly claim on Sunday or Monday, the payment is typically issued on Tuesday. Allow 2 - 3 business days for payments to be deposited.

Benefit payments will not always be deposited in your debit card or bank account on the same day each week. They may be delayed because of holidays or temporarily held while an issue is being investigated. You must file your weekly claim while any investigation is in progress.

How can I find out if my benefit payment has been issued?

You can obtain information concerning the status of your claim anytime online by selecting the CHECK YOUR CLAIM STATUS option, or by selecting option "1" through the weekly claim phone line. You will be able to get information about:

  • The last three weeks you claimed.
  • Date and amount of your benefit payment and the amount of benefits remaining.
  • If a benefit payment was not issued, the system may be able to tell you the reason.
  • If the amount of your benefit payment is reduced because of earnings, pension, child support deduction or any other reason, the system will tell you the amount of the deduction and the reason for it.

What is the Unemployment Debit Card?

Important Notice: Starting July 20, 2021, unemployment benefits will be issued on the new U.S. Bank ReliaCard®. Any remaining funds on the Bank of America debit card will not be transferable to the new ReliaCard.

The Unemployment Debit Card is one way for unemployment claimants in Kansas to receive unemployment benefits. A card will be mailed to your home address when your first payable week is processed. Through U.S. Bank, the Kansas Department of Labor (KDOL) deposits your unemployment benefit payments onto your card, making cash available to you through ATMs, MasterCard member financial institutions and other locations, such as grocery stores, that accept MasterCard debit cards. The Frequently Asked Questions on the U.S. Bank ReliaCard® website provides detailed instructions on how to use your card.

Important Reminder: It can take more than one week after processing the first payable week for you to receive your debit card.

If a claimant selects debit card but has a previous debit card from filing for UI before, the payments may be loaded to the old card. They can call U.S. Bank at (855) 282-6161 to double check if they already have a card and/or if a replacement card is needed.

Is the Unemployment Debit Card a credit card?

No. It is a prepaid debit card. The card carries no credit line and you are not subjected to a credit check or approval process to receive the card. Purchases and withdrawals are limited to the balance on your card, similar to a checking account or a gift card.

If I receive a debit card, does that mean I have met the unemployment benefits eligibility criteria?

Receiving a debit card means your first benefit payment has been approved. Getting a debit card does not guarantee that you will continue to qualify for unemployment benefits and payments. You should continue to file a weekly claim. If you have any questions, visit GetKansasBenefits.gov for more information on your claim.

Important Reminder: It can take more than one week after processing the first payable week for you to receive your debit card.  Choose direct deposit in payment options for quicker access to your first payment.

How can I access my unemployment benefit funds through my debit card?

To access your funds, you can:

  • Make purchases through signature or PIN-based transactions
  • Get cash back at store point-of-sale locations
  • Funds from an eligible fee-free ATM, as identified by U.S. Bank
  • Transfer funds to your personal bank account through U.S. Bank
  • Obtain cash through bank tellers at any participating bank
Important Note Regarding ATM Withdrawals: There is a fee for non-participating ATM withdrawals and international withdrawals.

It can take more than one week after processing the first payable week for you to receive your debit card. Choose direct deposit in payment options for quicker access to your first payment.

Where can I get cash with my Unemployment Debit Card?

You can receive cash back at select retail point-of-sale merchant locations. You can also withdraw funds with no fee at any U.S. Bank in the U.S.. Check out usbankreliacard.com for a list of surcharge-free ATMs.

Important Reminder: It can take more than one week after processing the first payable week for you to receive your debit card. Choose direct deposit in payment options for quicker access to your first payment.

I haven't received my Unemployment ReliaCard® yet.

If you opted to received your UI benefits on the U.S. Bank ReliaCard® but have not received the card yet, please do the following steps to check on the status of your card.

  1. Check the status of your card on the U.S. Bank ReliaCard® website.
  2. If you're unable to locate the status of your card log into your GetKansasBenefits (GKB) account and make sure you accepted the disclosures in the "Payment Options" tab.
  3. Make sure the address on file is the most current one we have.

If you have done the steps above, please call the Unemployment Contact Center.

Can I access the entire cash amount of my unemployment benefit payment on the day the funds are available on my debit card?

Yes. The total amount is available for withdrawal on the day of payment. However, there may be a $1,000 daily limit set on ATM cash withdrawals. Please note that some transactions, such as use of your debit card at a gas station, restaurant or hotel, may cause a hold on an amount of your card for up to several days. Some ATMs set limits on the amount that can be withdrawn at one time.

Can the Contact Center help me manage my payment information?

No. Only you can access your payment information on GetKansasBenefits.gov to manage the payment of your benefits. All inquiries regarding direct deposit must be made through your banking institution.

How do I set up direct deposit?

Log in to your account on GetKansasBenefits.gov and select Payment Options. Select direct deposit and fill out the required banking information.

Sample check that explains how to read the Routing Number, Account Number and Check Number from the bottom of the check

Can I split my weekly unemployment payment to go to multiple accounts?

No. Payments can only be deposited into a single checking or savings account.

Will I be notified when funds are deposited in my bank account?

No. You will not receive a notification from the Kansas Department of Labor. Some banks do offer notifications for your account but you would need to contact your bank.

What if the KDOL website shows my weekly unemployment payment went through but my bank does not have a record of the deposit?

Once we have issued payment you will need to contact your bank if you have questions about your direct deposit.

If their GetKansasBenefits online account says we have released payment and they have direct deposit, the call center will not be able to assist them any further with their payment. Once we release the payment, it is up to their individual banks to release the payment to their account.

How do I change my payment method from direct deposit to a debit card or from debit card to direct deposit?

Through your account on GetKansasBenefits.gov.  Log in and choose payment method. Then select the option you wish to choose and provide any required information.

Claimants can switch between debit card and direct deposit. If they were signed up for debit card and 2 payments were made there, then they switch to direct deposit, the first 2 payments will stay with the debit card. Future payments will be direct deposited.

Are there any fees associated with having my weekly unemployment payment direct deposited?

No.

How often will I need to update my direct deposit information?

Any time you file a new or additional application for benefits you should review your banking information for accuracy.

Multiple weeks have paid, why haven’t I received a card yet?

Claimants questioning where their payments are if multiple weeks have paid out, need to double check the day their payments were released.

For example, there are some claimants who had weekly claim payments for weeks ending 3/21 and 3/28, but the payments were not made until this week. The 7-10 days for a debit card will not apply until this week when the payments were made, even though the “weeks claimed” are much older.

Tax Withholding

Where can I find the forms to print off for income tax withholding?

Refer to the state and federal income tax withholding form (K-BEN 233) below. This form can be completed on your computer, printed and then mailed or faxed to the Unemployment Contact Center.

I faxed/mailed in my withholding forms. Did you receive them? You are not withholding any income taxes from my weekly payment.

Once we receive your form(s), we will send you notification in the mail verifying that we have received your withholding form.

Will you go back and withhold income taxes from prior weeks that have already been paid?

No, we will only begin to withhold income taxes as of the date we process your request(s). If you have not been using withholding, we strongly recommend you set aside 3.5 percent for state income taxes and 10 percent for federal taxes from your weekly benefits check in order to fulfill income tax obligations for this year.

Will the amount being withheld be reduced if I only receive a partial payment?

Withholding amounts are based on a percentage of your weekly benefit amount even if you are only receiving partial payments. Although you may be receiving a reduced weekly benefit amount, the withholding amount will be 3.5 percent of your weekly benefit amount for state withholding and 10 percent for federal withholding if you have completed both forms.

Will you send me the tax withholding forms?

We will not automatically send out income tax withholding forms.

What is the amount you will withhold for Kansas State income taxes; for federal income taxes?

We will withhold 3.5 percent of your weekly benefit amount for state income taxes and 10 percent for federal income taxes. For example, if your weekly benefit amount is $200 we will withhold $7 for Kansas income taxes and $20 for federal taxes.

Will I need to fill out a form to start or stop both Kansas and Federal income tax withholding?

Yes, you will need to complete the form above to start or stop withholding.

Can I elect to only withhold Kansas income taxes?

Yes.

Can I elect to only withhold federal income taxes?

Yes.

Unemployment Programs

Federal Pandemic Unemployment Compensation (FPUC)

What is Federal Pandemic Unemployment Compensation (FPUC)?

FPUC is a $300 payment each week in addition to other unemployment benefits an individual may receive.

Does everyone receive the FPUC payment?

Claimants who are eligible for at least $1 of their underlying unemployment compensation benefit amount are eligible for the additional $300 FPUC benefit payment.

If you are eligible, you will automatically receive the FPUC payment once the program is available in Kansas. You must file a weekly claim for the underlying unemployment benefit you are currently receiving to qualify for FPUC payments.

Is the $300 a one-time benefit or is it paid monthly or weekly?

FPUC is paid weekly to an eligible claimant.

How long do the $300 payments last?

FPUC is a limited time program. Individuals are eligible for the $300 payments from the week ending January 2, 2021 to the week ending September 4, 2021.

How and when do I get the additional $300 in benefits?

The Continued Assistance Act included an additional $300 in weekly payments for eligible unemployed claimants. Individuals who are eligible and file claims each week will be paid for those past weeks after January 2, 2021.

If you are eligible, you will automatically receive the FPUC payment once the program is available in Kansas. You must file a weekly claim for the underlying unemployment benefit you are currently receiving to qualify for FPUC payments.

Is the $300 amount going to be reduced?

Generally speaking, no. The $300 will be paid “all-or-nothing” based upon a claimant’s eligibility in a given week. However, there are two scenarios which may cause the FPUC amount to be less than $300.

First, KDOL is required to withhold mandatory child support obligations just as it does for regular unemployment benefits. If you are an individual who owes child support, it may be withheld from the FPUC payment.

Second, FPUC is taxable income that must be reported when filing income taxes each year. Individuals may elect to have income taxes withheld form state or federal benefits. If so elected, the FPUC amount paid in a given week will be less than $300.

KDOL has taken my entire weekly benefit amount to apply to an overpayment of benefits from a prior claim year.

Will I still receive the FPUC payment?

Potentially. You are eligible as long as you receive a payment. Benefits withheld to repay a debt is considered a payment. You may receive FPUC even though all of your regular benefit was withheld for debt.

What unemployment programs are eligible for FPUC?

Most programs are eligible. This includes:

  • Regular Benefits (State Unemployment)
  • Pandemic Emergency Unemployment Assistance (PEUC)
  • Pandemic Unemployment Assistance (PUA)
  • Shared Work
  • Trade Readjustment Assistance
  • Disaster Unemployment Assistance
  • Extended Benefits

No. As long as you are eligible for a program benefit, you are eligible for FPUC.

Do I need to apply for FPUC?

No. If you are eligible, you will automatically receive the FPUC payment once the program is available in Kansas.

You must file a weekly claim for the underlying unemployment benefit you are currently receiving to qualify for FPUC payments.

Are the FPUC payments retroactive?

The original FPUC program provided eligible claimants with an additional $600 weekly benefit under the CARES Act, which ended on July 31, 2020. The new Continued Assistance Act version of FPUC provides an additional $300 in weekly benefits starting January 2, 2021. FPUC payments are not eligible for weeks from July 31, 2020 through the weeks ending on or before December 26, 2020. Retroactive payments will be made for any eligible weeks starting with the week ending January 2, 2021.

Lost Wage Assistance Program (LWA)

Now that the additional $600 from FPUC is gone, is Kansas applying for the president’s additional benefit for unemployed workers?

Yes, at Governor Laura Kelly’s direction, the Kansas Department of Labor applied for and has been approved for the Lost Wages Assistance (LWA) program, the only available option for additional federal assistance at this time.

Is the additional unemployment from the president’s executive memorandum for $300 or $400?

On August 8, 2020, President Donald Trump issued an executive memorandum authorizing the Federal Emergency Management Agency (FEMA) to expend up to $44 billion from its Disaster Relief Fund to provide lost wage assistance to Americans receiving unemployment benefits. The President’s executive memorandum outlined a benefit of $300 from FEMA funds and $100 from federal coronavirus relief funds that have been provided to each state. The Kansas State Finance Council did not approve the use of coronavirus relief funds for the LWA program in Kansas. Based on that decision, eligible claimants in Kansas will receive $300.

Who is eligible for the additional Lost Wages Assistance (LWA)?

The LWA program is limited in scope and, due to federal restrictions, will only be available to those persons who provide self-certification that they are unemployed, partially unemployed, or unable or unavailable to work due to disruptions caused by COVID-19 and who have a weekly benefit amount of at least $100 for regular Unemployment Compensation (UC) or any of the following UC programs: Unemployment Compensation for Federal Employees (UCFE) and Unemployment Compensation for Ex-Service members (UCX); Pandemic Emergency Unemployment Compensation (PEUC); Pandemic Unemployment Assistance (PUA); Extended Benefits (EB); Short-Time Compensation (STC); Trade Readjustment Allowance (TRA); and Payments under the Self-Employment Assistance (SEA) program. If you are working full time or being paid more than or equal to your weekly benefit amount, you are not unemployed and will not be eligible to receive an LWA payment for the week.

Who is NOT eligible for the additional Lost Wages Assistance (LWA)?

LWA is not payable to individuals collecting Disaster Unemployment Assistance (DUA). Additionally, a number of state laws include provisions for extending the potential duration of benefits during period of high unemployment for individuals in approved training who exhaust benefits, or for a variety of other reasons. Although some state laws call these programs “extended benefits,” the United States Department of Labor (USDOL) uses the term “additional benefits” (AB) for these state programs to avoid confusion with the Federal-State EB program. LWA is not payable to individuals who are receiving AB payments.

Do I need to apply for the additional Lost Wages Assistance (LWA)?

To be eligible, a claimant must self-certify her or his unemployment or partial unemployment is due to disruptions caused by COVID-19. If KDOL determines you are eligible, you will receive the LWA payment for each week of LWA so long as you remain eligible.

When should I expect to receive the additional Lost Wages Assistance (LWA) benefits?

Implementation of LWA will take several weeks to execute, and KDOL estimates that claimants will begin receiving benefits no sooner than late September. For those who are eligible, payments will be retroactive to the week ending August 1, 2020. KDOL has been notified by FEMA that funds for LWA will be available through the week ending September 5, 2020.

Will the additional Lost Wages Assistance (LWA) benefits be added to my weekly benefit payment?

Yes. If KDOL determines you are eligible, the LWA additional $300 will be paid to you for each week you are determined eligible for the weeks ending Aug. 1, 2020 to Sept. 5, 2020.

When did the additional Lost Wages Assistance (LWA) start, and how long does it last?

LWA payments will be available to eligible claimants for the weeks ending August 1, 2020 to September 5, 2020. FEMA notified KDOL that the last week for LWA is September 5, 2020 due to the fund’s depletion. This is not a KDOL decision and KDOL cannot pay LWA benefit payments for any benefit weeks after September 5, 2020.

If I was still unemployed at the beginning of the program even though Kansas applied later, will I get the additional benefit for those weeks?

Yes. For those who are eligible, payments will be retroactive to the weeks ending August 1, 2020 to September 5, 2020.

If the additional Lost Wages Assistance (LWA) fund runs out of money, will I still get the benefits?

FEMA notified KDOL that the last week for LWA is the week ending September 5, 2020 due to the fund’s depletion. This is not a KDOL decision and KDOL cannot pay LWA benefit payments for any benefit weeks after September 5, 2020.

Are the LWA benefits taxable?

Yes. These benefits are subject to state and federal taxes.

How does a claimant self-certify?

When a claimant logs in to his or her GetKansasBenefits.gov account, the person will be directed to the LWA self-certification screen. There, the claimant will be directed to click ‘yes’ or ‘no’ regarding eligibility due to COVID-19. The claimant will only have to self-certify once. The claimant can also call our Unemployment Contact Center to self-certify with one of our customer service representatives.

Pandemic Emergency Unemployment Compensation (PEUC)

What is Pandemic Emergency Unemployment Compensation (PEUC)?

PEUC is a federal Continued Assistance Act program that extends benefits to those who have exhausted state unemployment benefits.

What does it mean to “exhaust” state unemployment benefits?

A person “exhausts” state unemployment benefits when he or she either (1) draws all available benefits that could be paid, or (2) reaches the end of the benefit year and is not monetarily eligible for a new benefit year. Also, the individual cannot be eligible to file a claim in any other state.

How long does PEUC run?

Under the March 2020 CARES Act, the PEUC extension program allowed an additional 13 weeks of benefits and the program expired on December 26, 2020. The Continued Assistance Act extended this program to expire the week ending March 13, 2021. Under the new American Rescue Plan Act of 2021 (ARP), the PEUC program is now set to expire the week ending September 5, 2021.

How do I apply for PEUC?

Once your state unemployment claim has a zero balance, you can apply for PEUC on our website at www.GetKansasBenefits.gov.

PEUC applications can only be filed online at this time.

Do I have to apply for the extension provided under the new ARP Act?

No. If you were previously filing for PEUC benefits, you do not have to file a new application for the additional weeks. You just need to continue filing weekly claims each week you are unemployed.

How much does PEUC pay each week?

PEUC will pay the same weekly benefit amount as you received on state unemployment before you started PEUC’s 13 weeks.

Are there other limits on who is eligible for PEUC?

Yes. The person must be able to work, be available for work, and must be seeking work just like when drawing state unemployment benefits. The person must also exhaust all regular benefits available to them, in both Kansas or any other state that they are entitled to benefits in. However, the program is also only available for certain weeks.

Do I have to do work search, and how do I answer the work search question?

The work search question is required under Kansas law, but was temporarily waived at the height of the pandemic. Claimants that wish to continue to receive unemployment benefits will once again be required to perform work search activities each week.

When you file your weekly claim, you will need to answer the question asking whether you have searched for work during the week being claimed.

What is the period of weeks that I could be paid PEUC?

PEUC is available for the following periods:

  • Weeks beginning March 29, 2020, and ending December 26, 2020.
  • Weeks beginning January 2, 2021 and ending September 4, 2021.

Does FPUC apply to the PEUC program?

Yes. In addition to a weekly benefit under PEUC, you could also receive the additional $300 for eligible weeks, provided those eligible weeks are between January 2, 2021 and September 4, 2021.

I have not had a claim since 2019, can I get PEUC?

Potentially. As long as you meet the requirements of exhausting state unemployment and otherwise not having a claim for benefits, and your prior claim was filed on or after July 8, 2018, then you may be eligible.

I’m currently filing for PEUC benefits. Do I need to reapply each quarter because of this federal provision?

Yes. Federal guidance requires that PEUC claimants’ wages be assessed each quarter to determine if they are monetarily eligible for PEUC benefits or benefits from another UI program. A claimant filing for PEUC benefits must reapply for regular UI benefits each quarter (January – March, April – June, July – September, October – December) in order to determine if any new wages earned now qualify them for a different program, such as regular UI. After reapplying for regular UI benefits, the claimant will receive their determination. If they are determined ineligible for regular UI benefits, they can then return to filing weekly claims for PEUC benefits.

Pandemic Unemployment Assistance (PUA)

What is Pandemic Unemployment Assistance (PUA)?

PUA is a broad program that expands access to unemployment, in addition to what state and federal law already pay. This includes those who traditionally are not able to get unemployment such as:

  • Self-employed
  • Independent contractors
  • “Gig” workers such as Uber and Lyft drivers
  • Employees of religious organizations whose employment has been impacted by COVID-19;
  • Those who lack sufficient work history to file a claim or have been disqualified for state benefits but who are impacted directly by COVID-19.
  • Those who lack sufficient work history to file a claim or have been disqualified for state benefits but who are impacted directly by COVID-19.

The PUA program is only available to claimants who are otherwise ineligible for all other unemployment insurance programs, including state (regular UI) and federal programs, such as PEUC.

I have not worked in the last two years. Can I get PUA benefits?

Likely not. Like all unemployment programs there must be a connection to the labor market either by showing work history or showing concurrent attempts to join the labor market.

Can I work part time and receive benefits?

You may receive some benefits for a week in which you work less than full time and earn less than your weekly benefit amount.

You may earn up to 25 percent of your weekly benefit amount (WBA) without a reduction to your unemployment benefits. Any earnings over 25 percent of your WBA will be deducted from your unemployment benefits on a dollar-for-dollar basis.

You must report your gross wages (wages before deductions) and not your take-home pay. This includes any wages received as a Reservist for weekend drill and annual training participation.

All wages from employment must be reported during the week when the wages are earned, not when they are received.

Will other income impact my benefits?

Vacation, holiday, bonus, and separation pay may reduce or delay your unemployment benefits when paid. If you receive these types of pay while claiming unemployment benefits, you must report this information when you file your application and weekly claim for payment.

Certain retirement pensions will reduce your weekly benefit if the employment you are receiving the pension from is also your base period employment (the first four of the last five completed calendar quarters).

Examples of pensions that may reduce your benefits include:

  • Military retirement
  • Private employer pension
  • Federal civilian pension
  • State, county or city pension
Note: Social Security benefits will not reduce your weekly benefit amount.

I have not been working, but I had an offer to start a job that was rescinded or delayed due to COVID-19, can I get PUA?

Potentially. Definite plans to join the labor force are enough of a connection. You must still be directly impacted by COVID-19.

What does it mean for my unemployment to be directly impacted by COVID-19?

This means that your unemployment must be caused directly be COVID-19 in one of the following ways:

  • You have been diagnosed with COVID-19 or are seeking diagnosis because you are experiencing symptoms of COVID-19.
  • You live in a house where someone in that same household has been diagnosed with COVID-19.
  • You are providing care for a family member or household member who has been diagnosed with COVID-19.
  • You are the primary caregiver for someone who cannot attend school or some other facility because it has been closed because of COVID-19, AND the availability of that school or facility is needed in order for you to work.
  • You cannot report to work due to an imposed quarantine resulting directly from COVID-19 (cannot be self-imposed).
  • You have been advised by a health care provider to self-quarantine due to COVID-19.
  • You were scheduled to begin employment but are unable to do so as a direct result of COVID-19. (the business closed, you were mandated quarantine, or have been diagnosed).
  • You have become the head of the household because of the death of the usual head of household that was caused by COVID-19.
  • You have been forced to quit your job as a direct result of COVID-19.
  • Your work has closed because of COVID-19.
  • You are an independent contractor who does not have a traditional place of business, but you cannot provide or sell your services due to the direct impact of COVID-19.

Under the American Rescue Plan Act of 2021 (ARP), additional eligibility provisions have been outlined to address circumstances when an individual is directly affected by COVID-19. You may be eligible for PUA if:

  • You were denied continued unemployment benefits because you refused to return to work or to accept an offer of work at a worksite that, in either instance, is not in compliance with local, state, or national health and safety standards directly related to COVID-19, i.e. facial mask wearing, physical distancing measures, or the provision of Personal Protective Equipment (PPE).
  • You provided services to educational institutions or educational service agencies and are unemployed or partially unemployed because of volatility in the work schedule due to COVID-19, i.e. changes in schedules and partial closures.
  • Your hours were reduced or you were laid off as a direct result of COVID-19.

I was offered the opportunity to Telework or work from home with pay for my normal hours from my last employer. Am I eligible for PUA?

No. If you are able to Telework or work from home with pay for your normal hours from your last employer, you cannot be paid PUA.

I am not working due to COVID-19, but I am being paid leave from my employer. Am I eligible for PUA?

Likely not. If you are being paid by the employer as if you were working your usual work hours and rate of pay, then you are not eligible for PUA. If you are being paid leave but not being paid your usual wages, then you may be eligible for some PUA—it would depend on the amount you are being paid just like if you are earning money while on unemployment benefits.

I formerly worked on a small farm or for a church or religious organization. Am I eligible for PUA?

Yes, provided your unemployment was caused directly by COVID-19, you may be eligible for PUA.

How much will I receive if I am eligible for PUA?

Like state unemployment, this depends on your work history during the base period. The base period for PUA is the most recent tax year (i.e. 2019). We will use the same calculation as we use for state unemployment to determine your benefit amount. If you lack sufficient work or earnings but otherwise meet all requirements, then you will be eligible for the minimum. For claims filed before July 1, 2020, the minimum you can receive is $192 and the maximum you could receive is $488. For claims filed on or after July 1, 2020, the minimum you can received is $192 and the maximum you could receive is $503.

Does FPUC also apply to PUA payments?

Yes. You are eligible for the additional $300 payments (under the Continued Assistance Act) for weeks between January 2, 2021 and September 6, 2021. There is no need to apply for FPUC. If you are eligible for PUA, the additional $300 weekly benefit payment will be automatically added to your benefit amount.

What if I have been ordered to pay child support?

If you are responsible for court-ordered child support payments and are in arrears, the Kansas Department for Children and Families will initiate an order to take part of your unemployment insurance benefits.

Initially, the order will take 50 percent of your benefits each week.

For more information please call the Child Support Call Center at (888) 757-2445.

The Kansas Department of Labor cannot assist in answering any questions about child support cases.

The $600 FPUC payments will also be deducted for Child Support.

How long is PUA available?

Under the CARES Act, PUA was available for eligible claimants from February 2, 2020, until December 26, 2020. It was only available for 39 weeks within that time period. Under the Continued Assistance Act, PUA is available from January 2, 2021 until March 13, 2021.

Under the Continued Assistance Act, PUA is available from January 2, 2021 until March 13, 2021.

Under the new American Rescue Plan Act of 2021 (ARP), PUA is now set to expire on September 6, 2021.

I was previously filing for PEUC but have since applied for the PUA program. Do I continue filing for PUA?

No. Under the new ARP Act, additional weeks for PEUC are now available. If you have a previous PEUC claim, you must reopen your PEUC claim and continue filing for benefits under that program. Please call the Contact Center at (785) 575-1460 to reopen your previous PEUC claim.

If you do not have a previous PEUC claim, continue filing for benefits under the PUA program.

Will there be more weeks made available?

If Congress adds more extensions for unemployment, then the 39 weeks is increased by the same amount of weeks. However, no extension is available at this time.

Do I need any documentation for my application?

Yes. You will need to provide proof of your quarterly earnings during 2019. Before filing, you may want to have documentation available to prove your prior income (you do have 21 days from applying to submit the documentation).

Acceptable documentation of wages can include but is not limited to:

  • 2019 Tax Returns;
  • 2019 1099 Form(s);
  • paycheck stubs;
  • bank receipts;
  • ledgers;
  • contracts;
  • invoices;
  • and/or billing statements.

How long until the PUA program is operational in Kansas?

The PUA program in Kansas is being rolled out in multiple phases.  Phase 1 involves creating a new system to be able to accept applications for those with no covered wages such as individuals that are fully self-employed and is now complete. Apply online at PUA.GetKansasBenefits.gov. Phase 2 will allow our developers to process those applications and issue payments with payments being issued no later than May 25, 2020.  Phase 3 will involve issuing payments to claimants that are eligible for partial UI payments and/or claimants that have exhausted UI benefits will be completed no later than June 16, 2020.

Is there a waiting week for PUA?

No, there is no waiting week for PUA.

How do I file a weekly claim for PUA benefits?

File your weekly claims online by logging into your account at PUA.GetKansasBenefits.gov. You can file a weekly claim for each week you have not worked back to January 27, 2020. The first week for which you can file is February 2, 2020. The date limitations are tied to the statutory language within the CARES Act.

How can self-employed claimants satisfy PUA work search requirements?

Self-employed individuals who intend to reopen their business do not need to complete work search activities, but they must take steps to reopen. Self-employed individuals who do not intend to reopen their business will need to complete the Work Search Activity Log form (K-BEN 987) below.

 

Take Steps to Reopen Your Business

In order to remain eligible for unemployment benefits if you are self-employed, you are required to take steps to reopen your business. You must tell us how many hours per week you spend rebuilding you business.

Here are some examples of things you can do to reopen:

  • Let your customers or clients know you're reopening by posting on your social media platforms
  • Contact past customers or clients
  • Advertise
  • Pass out business cards and flyers
  • Reach out to potential clients
  • Make sure any required licenses or permits are current and renew them if they aren't.
  • Obtain required permits or licenses if you don't already have them
  • Review current contracts and research new ones
  • Prepare a bid on contract
  • Submit a bid on contract
  • Research and prepare for a specific contract
  • Check your inventory
  • Enroll in training to expand your skills

Remember to follow federal and state health guidelines when you reopen your business to ensure the safety of you, your employees, and your clients or customers.

I’m currently filing for PUA benefits. Do I need to reapply each quarter because of the new federal provision?

Yes. New federal guidance now requires that PUA claimants’ wages be assessed each quarter to determine if they are monetarily eligible for PUA benefits or benefits from another UI program. A claimant filing for PUA benefits must now reapply for regular UI benefits each quarter (January – March, April – June, July – September, October – December) in order to determine if any new wages earned now qualify them for a different program, such as regular UI or PEUC. After reapplying for regular UI benefits, the claimant will receive their determination. If they are determined ineligible for regular UI benefits, they can then return to filing weekly claims for PUA benefits.

1099-G Form Information

Are my unemployment benefits taxable?

Yes, the Tax Reform Act of 1986 mandated that all unemployment insurance benefits are taxable. Unemployment benefits are considered regular income for tax purposes, and so are subject to both federal and state income taxes. The 1099-G form assists in reporting the income on your tax forms.

What is a 1099-G form?

The 1099-G, Statement for Recipients of Certain Government Payments, is the government income tax form, used to provide a receipt of government income in the last year. This includes individuals who received state unemployment, a state income tax refund, and other government provided income. For more information about what other government provided income may be included, please visit the Internal Revenue Service (IRS) 1099-G Form website.

You may receive more than one 1099-G if you had multiple forms of government provided income. For a summary of various 1099s issued by the State and contact information for questions and inquiries, please visit the Kansas Department of Administration 1099 Information website.

The payer field on the 1099-G will note “Kansas Department of Labor” for your receipt of unemployment benefits. In the case of unemployment, the 1099-G documents the total benefits paid to the claimant during the previous calendar year. The same information is provided to the Internal Revenue Service.

The Kansas Department of Labor will mail a Form 1099-G in January to individuals who received unemployment benefits at any time during the previous calendar year.

This diagram shows how to determine which agency sent you the Form 1099-G and where information about unemployment compensation is found.

2019 IRS 1099-G Form

When will I receive my 1099-G Form?

1099-Gs are required, by law, to be mailed by the end of January (January 31st) for the prior calendar year. KDOL will mail 1099-G forms in January. Mailings typically begin in the middle of the month and continue through the end of the month. Claimants who have not received a 1099-G after the first week in February can order a duplicate online.

What if my address has changed?

If your address has changed since you filed for unemployment benefits, you will need to register your change of address with KDOL in order to receive your 1099-G Form. You can register a change of  address online by logging in and choosing the option for Change Your Information at GetKansasBenefits.gov. You can also change your address by calling the Unemployment Insurance Contact Center.
 
If the 1099-G is mailed before you submit your change of address, you can submit your address change then submit a request for reprint starting on Feb 2 if you still have not received your form.

Will I still get a copy of my 1099-G if I signed up for tax withholding?

Yes, you will still receive your 1099-G if you used the option for tax withholding. Your federal and state tax withholding will be reported on your 1099-G. Read the 1099-G “Instructions for Recipient” section on your form for more information on how to interpret the form.

Is the additional unemployment relief for the COVID-19 pandemic taxable (FPUC, PEUC, PUA, LWA, EB)?

Yes, all unemployment benefits are considered regular income for tax purposes, and so are subject to both federal and state income taxes. The 1099-G form assists in reporting the income on your tax forms. You will receive one 1099-G for all unemployment benefits received.

How do I get a new copy of my 1099-G Form?

Reprints for 1099-G forms for the current tax year can be requested starting February 2, 2021. To request a new 1099-G to be mailed to you, log into GetKansasBenefits.gov and click Request 1099-G Reprint.

Can I get a copy of my 1099-G Form for a previous tax year?

1099-G forms for previous years are available upon request. To request a new 1099-G to be mailed to you, log into GetKansasBenefits.gov and click Request 1099-G Reprint.

Why is my repayment of my overpayment not accounted for on my 1099-G?

The 1099-G will report the total amount of benefits paid during the calendar year, including any overpayments. If you repaid any or all of an overpayment amount during the same calendar year, the payment amount shown will not be adjusted to reflect the amount repaid.

You can claim the amount paid back on your federal tax return. Instructions for claiming the repaid amount can be found on IRS Publication 525 (2019) within the Unemployment Benefits section. If you don't repay the overpayment until subsequent tax years, you can claim the amount repaid on your tax form(s) for the year(s) in which the repayment is made.

Why is the amount reflected in my 1099-G different than what I expected?

The amount shown on the 1099-G reflects when the payment was made, not the weeks that were claimed, during the calendar year when you were issued the payment.

If you believe the amount shown on your 1099-G is incorrect, you can fill out a request on the KDOL Self-Service Portal under “Dispute my 1099,” making sure to check the box for “I want to dispute my 1099” or send a written dispute with your full name and last 4 digits of your social security number to the Kansas Department of Labor Attn: 1099 Inquiry at 401 SW Topeka Blvd, Topeka, KS 66603-3182.

If your dispute is related to identity theft, also attach a copy of the Unsworn Declaration form.

How do I report fraud if I received a 1099-G form for a fraudulent claim in my name?

If you received a 1099-G form for a claim that you did not receive payment for due to identity theft, you can fill out a request on the KDOL Self-Service Portal under “Dispute my 1099”, making sure to check the box for "I want to dispute my 1099" and upload an Unsworn Declaration to declare you did not receive the benefits that were stated on your 1099-G form issued from the Kansas Department of Labor

You can also send a written dispute with your full name and last 4 digits of your social security number to the Kansas Department of Labor Attn: Fraudulent 1099 Inquiry to 401 SW Topeka Blvd, Topeka, KS 66603-3182.

Make sure to include the reason of identity theft in your written dispute and a copy of a completed Unsworn Declaration form.

What is the Payer's Federal Identification number?

The Kansas Department of Labor Federal ID # is: 74-2822699.

Can I receive the amount of my 1099-G over the phone?

No, you need to wait for the form to be sent to you.

How do I request a 1099-G Form for deceased spouse/family member?

If someone other than the claimant is requesting a duplicate 1099-G because the claimant is deceased, they must submit the following information:

  • A letter advising who the deceased individual is and that they are requesting the 1099
    • The letter must also include their relationship to the deceased claimant and the address that they are wanting the 1099-G sent to.
  • Copy of the Death Certificate
  • Proof that they are the executor of the claimant's estate
Note: They should provide both the copy of the death certificate and proof of executorship, however if they can only send one of these, our legal department will evaluate upon receipt of what is sent in.

The information can be emailed or faxed to:

What is the Federal ID (FEIN)#?

The Federal Employer Identification Number (FEID) is a nine-digit unique number assigned by the Internal Revenue Service (IRS) to businesses. You can ask the IRS to search for your FEIN by calling the Business & Specialty Tax Line at (800) 829-4933.

Reasonable Assurance

What are factors in determining reasonable assurance?

The Department of Labor will consider several things when determining if reasonable assurance exists. These may include:

  • The past employer/employee relationship
  • An established understanding that the employee will return to work
  • If the employee has placed his/her name on a list of available workers
  • Whether the employee has reason to believe he/she will not be called back

For Employees

How is Eligibility Determined?

To qualify for benefits, the applicant must meet the following criteria (this could differ for those impacted by COVID-19):

  • Be unemployed when the application is filed
  • Earned sufficient wages in employment that is covered by Kansas Unemployment Security Law
  • Be unemployed through no fault of the individual

School employees do not generally qualify for benefits during:

  • Scheduled breaks in the school year
  • Between school years or terms if they have a contract or reasonable assurance of returning to work in the same or similar capacity in the next term

For Employers

What are the factors in determining reasonable assurance?

The Department of Labor will consider several things when determining if reasonable assurance exists. These may include:

  • The past employer/employee relationship
  • An established understanding that the employee will return to work
  • If the employee has placed his/her name on a list of available workers
  • Whether the employee has reason to believe he/she will not be called back

How are employees notified of reasonable assurance?

Notice should include clear verbiage giving the individual reasonable assurance. Notice should include:

  • Business/employer name
  • Date
  • Employee’s name
  • Issuer’s name and position
  • Starting date of school year
  • Ending date of school year
  • Dates of any scheduled vacations
  • Dates of any holiday periods

Approved Training

What is approved training?

Approved training is any training program found by the Kansas Department of Labor (KDOL) to meet  approved training guidelines. Training must be vocational or technical in nature and short-term  (typically less than two years) to be considered for approved training. It includes training programs authorized under the Workforce Investment Act of 1998. All requests for approved training must be submitted on an individual basis by the claimant. KDOL will determine if the training qualifies as approved training. Approved training also applies to Trade Adjustment Assistance (TAA) participants enrolled in and approved for training.

For training to be designated approved training, you must establish a demonstrated need for the training – which means showing that the training will enhance your opportunity for an early return to employment. For this reason, decisions regarding approved training are specific to each claimant, dependent upon your existing skills, work experience and job prospects for the type of training being sought. In addition, approved training must be training that will lead to employment as opposed to self-employment. You must continue to look for work every week you are unemployed unless otherwise directed by KDOL.

What type of benefits can I receive if I’m in approved training and for how long?

If your training meets the approved training guidelines and you meet all other eligibility requirements, you will be eligible to receive unemployment insurance benefits and the requirement to seek work will be waived during the time you are in school or training and making satisfactory progress toward the completion of the training.

The actual number of weeks for which you may be eligible is determined by the total benefit amount of your original claim for unemployment benefits.

How do I know if I'm eligible; how can I apply?

If you wish to file for approved training, complete the School Attendance/Approved Training Application (K-BEN 317) form below. The form must be completed and returned to KDOL so that a determination can be made. The only way to know if you are eligible is to submit the form. KDOL will issue a determination notifying you of your eligibility for approved training.

If you are approved for training under the Workforce Investment Act (WIA), you must complete the form (page one only) and submit the WIA approval letter with the completed request form. KDOL will approve the WIA training and waive the requirement that you seek work provided you make satisfactory progress while in approved training.

Are approved training benefits different than regular benefits?

Approved training benefits are paid each week just like unemployment benefits and you must continue to file a weekly claim. Your benefits will be paid to your unemployment debit card. If approved for training, every four weeks you will be mailed a Progress in Approved Training Report form. You will need to take this form to the training facility for completion and return the form to the Kansas Unemployment Contact Center. To receive benefits this report must be completed by the training facility to certify your weekly progress and attendance while in approved training.

Can I file my weekly claims for approved training online or by phone?

Yes, you file a weekly claim while in approved training in the same manner as you would your regular unemployment claim. While in approved training, you will be required to complete and return a Progress in Approved Training Report every four weeks.

What forms must I submit while on approved training?

Every four weeks you will be sent a Progress in Approved Training Report form to be completed and returned. A training facility representative must complete the form and sign it to certify that you are making satisfactory progress in your training program. This includes weeks you are on a break in training.The certification form must be filled out completely and mailed or faxed back to KDOL at the address or fax number shown on the upper right corner of the form. Delays in submitting this form can delay the payment of your claim. Incomplete forms will result in the form being returned for completion and could result in a denial of benefits.

What is the difference between school attendance and Approved Training?

It may be determined that you are eligible to receive unemployment benefits while attending school based on the fact that it does not interfere with your ability to seek or accept full-time work while attending school. You may still be required to look for work. You must show a full course of action that will result in your reemployment while attending school.
Approved training has specific guidelines that are listed above under "What is approved training?" If you meet these criteria, you will be informed of your work search requirements on the notice of determination mailed to you. You must have satisfactory attendance and make satisfactory progress in school in order to receive unemployment benefits.

What if I am late submitting my certification form or can’t get someone at my school to sign the form?

We cannot continue to pay benefits without the completed report. If we must return an incomplete form, you will have seven days to return the completed form. If you cannot get your trainer or a representative of the program to certify your satisfactory participation, your benefits will be denied. Kansas law K.S.A. 44-704 requires that we have all this information. You should still submit even if it is late or you have already been denied for a possible re-determination.

Can I take classes online under approved training?

If you are taking online courses, you may apply for approved training. KDOL will issue a determination notifying you whether the training meets the guidelines for approved training. You must still make satisfactory progress in the class to maintain your approved training status. You will still need the training facility to certify your satisfactory progress every four weeks.

What are TAA and TRA?

The Federal Trade Act provides several benefits under the Trade Adjustment Assistance (TAA) program. Trade Readjustment Allowances (TRA) is one of the benefits covered under TAA. TRA payments are intended mainly for workers who are enrolled in approved training for a new job because their previous job was affected by foreign imports. TRA provides additional income support to individuals who qualify after their regular unemployment benefits are exhausted.

TRA is available to workers who are adversely affected by a trade-impacted employer. The trade-impacted employer must be covered under a certification of group eligibility. Certification of group eligibility is a group of workers of a firm or subdivision of a firm that have been certified by the U.S. Department of Labor as eligible to apply for TAA benefits.

If you think you may qualify for these benefits, please contact a Kansas Department of Commerce Workforce Center.

Automatic Registration for KANSASWORKS

What is automatic registration?

Automatic registration is a process that allows individuals who apply for Unemployment Insurance benefits to be automatically registered for services through KANSASWORKS, the state’s workforce system linking businesses, job seekers and educational institutions. The information provided on the UI benefits application is used to register the claimant with KANSASWORKS.

What is the benefit of being registered with KANSASWORKS?

Registration with KANSASWORKS gets you one step closer to finding a job. You can perform job searches, build and post online résumés, save job searches, create personal profiles and receive email updates. You will also have access to staff services that can help you find a job, as well as additional resources, including skills certification and training programs.

Is everyone who applies for unemployment benefits registered with KANSASWORKS?

Everyone who applies for unemployment insurance benefits online or by phone will automatically be registered with KANSASWORKS. Individuals who are registered for unemployment insurance benefits by their employers through an electronic filing process will not be automatically registered with KANSASWORKS. However, those individuals can take advantage of the benefits by registering with KANSASWORKS.

What if my employer files my application through the electronic filing program? Will I still be registered with KANSASWORKS?

No. At this time, individuals whose applications for unemployment benefits are filed electronically by their employers are not automatically registered for KANSASWORKS. Those individuals must register with KANSASWORKS.

Do I have to do anything special to be registered?

No. Once you’ve completed your UI benefits application online or by phone, you are registered with KANSASWORKS.

Do I need to do anything special after I am registered with KANSASWORKS?

When you access your account at KANSASWORKS.com for the first time, you will be prompted to change your password. Once registered with KANSASWORKS, you are in control of your job search. The services provided through KANSASWORKS can help you by providing information about job openings and other resources to help you find employment.

How will I get the information about my username and password for KANSASWORKS?

Your username and temporary password for KANSASWORKS will be mailed to you with your UI monetary determination notice. This notice is mailed to everyone who files an application. If you completed your UI benefits application online, your username and temporary password will also be provided on the confirmation page once you complete your UI benefit application.

If I apply for benefits and my claim is denied, will I still be registered with KANSASWORKS?

Yes. Your registration with KANSASWORKS is not dependent upon receiving unemployment benefits. Even if your claim is denied, your registration with KANSASWORKS will still be effective.

What kind of job matching information will I receive through the automatic registration program?

Individuals who complete their applications for unemployment insurance benefits online will be provided helpful information regarding the number of current job listings on KANSASWORKS that match their job classification. This same information is available to anyone registered, including those who apply for unemployment benefits by phone, by accessing their account via KANSASWORKS.

I am on a temporary layoff and will be returning to my job soon, so I don’t need to look for new work. Will I be automatically registered with KANSASWORKS when I file for unemployment?

Yes. The application process for filing for unemployment benefits includes automatic registration with KANSASWORKS as a courtesy service to all claimants. You can access your account via KANSASWORKS to use their services if you are interested in other employment opportunities. If you are on a temporary layoff and are not interested in applying for other job opportunities, you may disregard the information provided to you.

Where can I get more information about the job search process?

Information and assistance with the job search process can be obtained by going to KANSASWORKS or by contacting your local workforce centers.

What is My Reemployment Plan?

My Reemployment Plan (MRP) is designed to assist unemployed Kansans with job-search efforts. Current unemployment claimants who have received three (3) or more consecutive unemployment insurance payments will automatically be enrolled in MRP.

The program will connect unemployment recipients with workforce service professionals in their local area. Participants will receive a notification from KANSASWORKS by email and/or letter with instructions. MRP claimants are required to complete the following two steps within seven (7) days of receiving instructions:

Failure to complete all items within seven (7) days of receiving KANSASWORKS' instructions may result in a disqualification of unemployment insurance benefits.

For any questions related to this program, please contact KANSASWORKS via Live Chat or toll free at (877) 509-6757.

Treasury Offset Program (TOP)

When is a debt sent to the Treasury Offset Program?

Generally, when your debt is more than 90 days delinquent. KDOL must determine that your debt is valid and collection is legally enforceable. KDOL will send you a Notice of Intent to Offset letter about your debt and provide you with the opportunity to resolve or dispute your debt within 60 days. After 60 days, your debt will be submitted to the TOP for collection.

KDOL will respond to questions and inquiries regarding your debt. If you have not received a notice about your debt, your debt may not be eligible for federal offset.

How does the Treasury Offset Program work?

  • If you owe a delinquent debt to a Government agency or a state and that agency identifies it is eligible for offset, you are sent a Notice of Intent to Offset letter.
  • After the notice is sent, you have 60 days to: repay the debt, agree to a repayment plan, request a review or notify the agency of bankruptcy.
  • After 60 days if the debt is still delinquent, the agency sends information about your debt to the TOP database.
  • Before you receive a federal payment such as a tax refund, the database is searched to see if you owe a delinquent debt.
  • If your debt is in the database, your federal payment will be reduced or withheld to pay your debt.
  • When your payment is taken, a letter will be sent to you regarding the action.

What kinds of federal payments can be reduced?

Depending upon the type of debt you owe, the following federal payments may be eligible for offset or levy:

  • Tax refunds
  • Federal wages, including military pay
  • Federal retirement, including military retirement pay
  • Contractor/vendor payments
  • Travel advances and reimbursements
  • Certain federal benefit payments, such as Social Security (other than Supplemental Security Income), Railroad Retirement (other than tier 2) and Black Lung (part B benefits)
  • Other federal payments that are not expressly exempted from offset

Federal law limits the amount that may be withheld from some types of federal payments.

How can I avoid having my debt offset for payment?

Prior to submitting debts to the TOP, KDOL is required to notify each debtor that it intends to refer the debt for federal offset. If you receive this notice, you have 60 days to do one of the following before the debt is sent for offset:

  1. Pay your debt in full. Payment may be mailed to Kansas Department of Labor Attn: Benefit Payment Control Unit at 401 SW Topeka Blvd, Topeka, KS 66603-3182.
Note: Include your Social Security number on your payment. If paying with a credit card (MC, Discover or American Express) call (800) 272-9829 (jurisdiction code: 2611) or visit the Official Payments website.
  1. Provide proof of payment. If you believe that all or part of this debt has already been paid, you must send documentation to support your claim to the above address or fax to (785) 291-3425.
  2. Provide bankruptcy information. KDOL will not submit your debt to TOP if you are protected by bankruptcy provisions. You must notify KDOL by sending evidence concerning your bankruptcy to the above address. This evidence should include the case number, filing date and the name of the court in which you filed your bankruptcy claim.

Whom should I contact regarding my debt?

Please contact Kansas Department of Labor Asset Recovery at (785) 296-3609.

If your debt has been paid in full, or if you do not owe the debt for other reasons, KDOL is responsible for instructing Treasury to stop the offset process. KDOL is also responsible for returning to you any part of your payment that should not have been reduced.

To verify the amount of the offset, call the Treasury Offset Program Call Center at (800) 304-3107.

What does the TOP Call Center do?

The FMS Treasury Offset Program staff is available to help you understand the process, including what you need to do next. They cannot arrange for you to pay off your debt, tell you how much you owe or refund your money. They can tell you whom to call. They will not tell anyone but you about your debts and the amount that was offset.

How does a debtor know that he/she is in the Treasury Offset Program delinquent debtor database?

Before KDOL refers a debt to the Treasury Offset Program, it will send the debtor all due process notices concerning the debt.

These notices include: written notification of the nature and amount of the debt, the intention of the agency to collect the debt through administrative offset and an explanation of rights (inspection, copying, review and repayment opportunities). KDOL has therefore informed the delinquent debtor of the potential referral of the debt to the TOP. Treasury will inform the debtor when an offset is taken. You are also entitled at any time to inquire in writing whether you are in the delinquent debtor database maintained by the U.S. Treasury, which will answer you in writing.

How do I dispute a debt being sent to the Treasury Offset Program?

If you have evidence to show that the debt is not past due, not legally enforceable or not the result of unreported earnings when claiming benefits, you may submit a written objection to the referral of your debt for offset. The objection must state the grounds upon which you are objecting your debt's referral and may include any available evidence, which may include sworn affidavits, to support the grounds.

How will I know if my federal payment was intercepted to pay a state debt?

After a federal offset occurs, the Financial Management Service (FMS) will notify you that the offset has occurred. FMS will provide information regarding the amount and date of the offset, the state to which the offset was paid and a contact in the state that can handle your concerns or questions regarding the debt that resulted in the refund offset.

My spouse and I filed a joint federal tax return and our refund was intercepted for a debt that my spouse owes. How can I get my portion of the refund back?

You must complete federal Form 8379 to get your share of the refund. To obtain the form, call the IRS at or you can download the form below.

If you have questions about the form or need help completing it, call your local IRS office or call (800) 829-1040. The completed Form 8379 should be mailed to the IRS center where you sent your original tax return.

What if I don't give you permission to take my federal payment?

State and federal laws authorize the TOP Program. KDOL is not required to secure your permission prior to submitting your unpaid liability to TOP.