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341.360 Conditions of disqualification for benefits.
(1)
No worker may be paid benefits for any week of unemployment:
(a) With respect to which a strike or other bona fide labor dispute which caused
him to leave or lose his employment is in active progress in the establishment
in which he is or was employed, except that benefits may be paid unless the
employer notifies the Office of Employment and Training, Department of
Workforce Investment, in writing within seven (7) days after the beginning of
such alleged strike or labor dispute of the alleged existence of such strike or
labor dispute. For the purpose of this subsection, a lockout shall not be
deemed to be a strike or a bona fide labor dispute and no worker shall be
denied benefits by reason of a lockout;
(b) For which he has received or is seeking unemployment compensation under
an unemployment compensation law of another state or of the United States,
except as otherwise provided by an arrangement between this state and such
other state or the United States; but if the appropriate agency of such state or
of the United States finally determines that he is not entitled to such
unemployment compensation, this subsection shall not apply; or
(c) 1.
Which, when based on service in an instructional, research, or principal
administrative capacity in an institution of higher education as defined in
KRS 341.067(2) or in an educational institution as defined in KRS
341.067(4), begins during the period between two (2) successive
academic years, or during a similar period between two (2) regular
terms, whether or not successive, or during a period of paid sabbatical
leave provided for in the individual's contract, if the worker performs
such services in the first of such academic years or terms and if there is a
contract or a reasonable assurance that the worker will perform such
services in any such capacity for any institution or institutions of higher
education or an educational institution in the second of such academic
years or such terms; or
2.
Which, when based on service other than as defined in subparagraph 1.
of this paragraph, in an institution of higher education or an educational
institution, as defined in KRS 341.067(2) or (4), begins during the
period between two (2) successive academic years or terms, if the
worker performs such services in the first of such academic years or
terms and there is a reasonable assurance that the worker will perform
such services in the second of such academic years or terms; except that
if benefits are denied to any worker under this paragraph and such
worker was not offered an opportunity to perform such services for such
institution of higher education or such educational institution for the
second of such academic years or terms, such worker shall be entitled to
a retroactive payment of benefits for each week for which the worker
filed a timely claim for benefits and for which benefits were denied
solely by reason of this paragraph; or
3.
Which, when based on service in any capacity defined in subparagraphs
(2)
(3)
1. and 2. of this paragraph, begins during an established and customary
vacation period or holiday recess if the worker performs any such
services in the period immediately before such vacation period or
holiday recess, and there is a reasonable assurance that such worker will
perform any such services in the period immediately following such
vacation period or holiday recess; or
4.
Based on service in any capacity defined in subparagraph 1. or 2. of this
paragraph when such service is performed by the worker in an institution
of higher education or an educational institution, as defined in KRS
341.067(2) or (4), while the worker is in the employ of an educational
service agency, and such unemployment begins during the periods and
pursuant to the conditions specified in subparagraphs 1., 2., and 3. of
this paragraph. For purposes of this paragraph, the term "educational
service agency" means a governmental agency or governmental entity
which is established and operated exclusively for the purpose of
providing such services to one (1) or more institutions of higher
education or educational institutions;
except that any benefits paid to a worker based on service other than as defined in
subsection (1)(c)1. of this section performed in an institution of higher education as
defined in KRS 341.067(2) shall be deemed to have been paid as a result of Office
of Employment and Training, Department of Workforce Investment, error and not
recoverable by the cabinet or such institution if such payment is improper by virtue
of the retroactive application to October 30, 1983, of subsection (1)(c)2. of this
section.
Benefits shall not be paid to any individual on the basis of any services,
substantially all of which consist of participating in sports or athletic events or
training or preparing to so participate, for any week which commences during the
period between two (2) successive sport seasons or similar periods and there is a
reasonable assurance that such individual will perform such services in the later of
such seasons or similar periods.
(a) Benefits shall not be paid on the basis of services performed by an alien unless
such alien is an individual who was lawfully admitted for permanent residence
at the time such services were performed, was lawfully present for purposes of
performing such services, or was residing in the United States under color of
law at the time such services were performed, including an alien who was
lawfully present in the United States as a result of the application of the
provisions of Section 203(a)(7) or Section 212(d)(5) of the Immigration and
Nationality Act.
(b) Any data or information required of individuals applying for benefits to
determine whether benefits are not payable to them because of their alien
status shall be uniformly required from all applicants for benefits.
(c) In the case of an individual whose application for benefits would otherwise be
approved, no determination that benefits to such individual are not payable
because of his alien status shall be made except upon a preponderance of the
(4)
evidence.
With respect to which the worker is suspended from work for misconduct, as
defined in KRS 341.370(6), connected with the work.
Effective: July 12, 2006
History: Amended 2006 Ky. Acts ch. 211, sec. 147, effective July 12, 2006. -Amended 1992 Ky. Acts ch. 133, sec. 2., effective July 14, 1992. -- Amended 1984
Ky. Acts ch. 1, sec. 1, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 385,
sec. 5, effective July 1, 1980. -- Amended 1978 Ky. Acts ch. 389, sec. 22, effective
July 1, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(23). -- Amended
1972 Ky. Acts ch. 21, sec. 26. -- Amended 1950 Ky. Acts ch. 206, sec. 1. -Amended 1942 Ky. Acts ch. 20, secs. 4 and 10. -- Recodified 1942 Ky. Acts ch. 208,
sec. 1, effective October 1, 1942, from Ky. Stat. sec. 4748g-9.
Legislative Research Commission Note (6/26/2007). The internal numbering of
subdivisions of this section has been altered by the Reviser of Statutes under the
authority of KRS 7.136.
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