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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
(2)
(3)
subparagraphs 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 evidence.
(4)
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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