Kentucky HB 107: AN ACT relating to unemployment insurance.

Bill Text

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AN ACT relating to unemployment insurance. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 341.370 is amended to read as follows: 3
(1) A worker shall be disqualified from receiving benefits for the duration of any 4
period of unemployment with respect to which: 5
(a) He or she has failed without good cause either to apply for available, suitable 6
work when so directed by the employment office or the secretary, to accept an 7
interview from a prospective employer offering suitable work, or to accept 8
suitable work when offered him or her, or to return to his or her customary 9
self-employment when so directed by the secretary; 10
(b) He or she has been discharged for misconduct or dishonesty connected with 11
his or her most recent work, or from any work which occurred after the first 12
day of the worker's base period and which last preceded his or her most recent 13
work, but legitimate activity in connection with labor organizations or failure 14
to join a company union shall not be construed as misconduct; 15
(c) He or she has left his or her most recent suitable work or any other suitable 16
work which occurred after the first day of the worker's base period and which 17
last preceded his or her most recent work voluntarily without good cause 18
attributable to the employment. No otherwise eligible worker shall be 19
disqualified from receiving benefits for: 20
1. Leaving his or her next most recent suitable work which was concurrent 21
with his or her most recent work; 22
2. Leaving work which is one hundred (100) road miles or more, as 23
measured on a one (1) way basis, from his or her home to accept work 24
which is less than one hundred (100) road miles from his or her home; 25
3. Accepting work which is a bona fide job offer with a reasonable 26
expectation of continued employment; or 27

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4. Leaving work to accompany the worker's spouse to a different state, 1
military base of assignment, or duty station that is one hundred (100) 2
road miles or more, as measured on a one (1) way basis, from the 3
worker's home when the spouse is reassigned by the military; or 4
(d) He or she fails to act in good faith to secure suitable work. 5
(2) A worker shall be disqualified from receiving benefits for any week with respect to 6
which he or she knowingly made a false statement to establish his or her right to or 7
the amount of his or her benefits, and, within the succeeding twenty-four (24) 8
months, for the additional weeks immediately following the date of discovery, not 9
to exceed a total of fifty-two (52), as may be determined by the secretary. 10
(3) No worker shall be disqualified under paragraph (b) or (c) of subsection (1) of this 11
section unless the employer, within a reasonable time as prescribed by regulations 12
promulgated by the secretary, notifies the cabinet and the worker in writing of the 13
alleged voluntary quitting or the discharge for misconduct. Nothing in this 14
subsection shall restrict the right of the secretary to disqualify a worker whose 15
employer has refused or failed to notify the Education and Labor Cabinet of the 16
alleged voluntary quitting or discharge for misconduct, if the alleged voluntary 17
quitting or discharge for misconduct is known to the secretary prior to the time 18
benefits are paid to the worker. The exercise of the right by the secretary, in the 19
absence of timely notice from the employer, shall not relieve the employer's reserve 20
account or reimbursing employer's account of benefit charges under the provisions 21
of subsection (3) of KRS 341.530. 22
(4) As used in this section and in subsection (3) of KRS 341.530, "most recent" work 23
shall be construed as that work which occurred after the first day of the worker's 24
base period and which last preceded the week of unemployment with respect to 25
which benefits are claimed; except that, if the work last preceding the week of 26
unemployment was seasonal, intermittent, or temporary in nature, most recent work 27

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may be construed as that work last preceding the seasonal, intermittent, or 1
temporary work. 2
(5) No worker shall be disqualified or held ineligible under the provisions of this 3
section or KRS 341.350, who is separated from employment pursuant to a labor 4
management contract or agreement, or pursuant to an established employer plan, 5
program, or policy, which permits the employer to close the plant or facility for 6
purposes of vacation or maintenance. 7
(6) (a) No worker shall be disqualified or held ineligible under the provisions of 8
this section or KRS 341.350 who leaves work, is unable to work, or is 9
separated from employment due to circumstances directly resulting from 10
domestic violence and abuse as defi