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341.712 Suitable work standards for extended benefit claimants.
(1)
(2)
No work shall be deemed to be suitable work for a worker making a claim for
extended benefits, nor a disqualification imposed for refusal thereof, which
does not accord with the labor standard provisions required by 26 U.S.C. sec.
3304(a)(5) (Section 3304(a)(5) of the Internal Revenue Code of 1954) and set
forth herein under KRS 341.100, or if a worker would not be denied benefits by
reason of the requirements set forth in KRS 341.350 as required by 26 U.S.C.
sec. 3304(a)(8) (Section 3304(a)(8) of the Internal Revenue Code of 1954).
For purposes of this section, the term "suitable work" shall mean, with respect
to any worker, any work which is within such worker's capabilities, provided,
however, that the gross average weekly remuneration payable for the week
must exceed the sum of:
(a) The worker's extended weekly benefit amount as determined under this
chapter, plus
(b) The amount, if any, of supplemental unemployment benefits as defined in
26 U.S.C. sec. 501(c)(17)(D) (Section 501(c)(17)(D) of the Internal
Revenue Code of 1954) payable to such worker for such week; and
further
(c) Pays wages not less than the higher of:
1.
The minimum wage provided by 29 U.S.C. sec. 206 (Section 6(a)(1)
of the Fair Labor Standards Act of 1938) without regard to any
exemption; or
2.
The applicable state or local minimum wage;
(d) Provided, however, that no worker shall be denied extended benefits for
failure to accept an offer of or apply for any job which meets the definition
of suitability as described above if:
1.
The position was not offered to such worker in writing or was not
listed with the employment service; or
2.
Such failure could not result in a denial of benefits under the
definition of suitable work for regular benefit claimants as provided in
this chapter to the extent that such criteria of suitability in that
section are not inconsistent with the provisions of this subsection; or
3.
The worker furnishes satisfactory evidence to the secretary that his
prospects for obtaining work in his customary occupation within a
reasonably short period are good. If such evidence is deemed
satisfactory for this purpose, the determination of whether any work
is suitable with respect to such worker shall be made in accordance
with the definition of suitable work for regular benefit claimants
without regard to the definition specified in this section.
Effective:July 15, 1996
History: Amended 1996 Ky. Acts ch. 266, sec. 23, effective July 15, 1996. -Amended 1994 Ky. Acts ch. 136, sec. 5, effective July 15, 1994. -- Created 1982
Ky. Acts ch. 67, sec. 2, effective July 15, 1982.
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