Session of 2023
HOUSE BILL No. 2333
By Committee on Commerce, Labor and Economic Development
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AN ACT concerning employment security law; relating to work search
requirements; establishing procedures for disqualification from benefits
for claimants who fail to attend a job interview without providing
notice to the prospective employer or who fail to respond to an offer of
employment within five days; expanding options for prospective
employers to report such occurrences; relating to the unemployment
compensation modernization and improvement council; clarifying
provisions pertaining to extensions of time for implementation of the
new unemployment insurance system; amending K.S.A. 44-705, 44-
706 and 44-772 and K.S.A. 2022 Supp. 44-775 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 44-705 is hereby amended to read as follows: 44-
705. Except as provided by K.S.A. 44-757, and amendments thereto, an
unemployed individual shall be eligible to receive benefits with respect to
any week only if the secretary, or a person or persons designated by the
secretary, finds that:
(a) The claimant has registered for work at and thereafter continued
to report at an employment office in accordance with rules and regulations
adopted by the secretary, except that, subject to the provisions of K.S.A.
44-704(a), and amendments thereto, the secretary may adopt rules and
regulations that waive or alter either or both of the requirements of this
subsection.
(b) The claimant has made a claim for benefits with respect to such
week in accordance with rules and regulations adopted by the secretary.
(c) (1) The claimant is able to perform the duties of such claimant's
customary occupation or the duties of other occupations that the claimant
is reasonably fitted by training or experience, and is available for work, as
demonstrated by the claimant's pursuit of the full course of action most
reasonably calculated to result in the claimant's reemployment except that,
notwithstanding any other provisions of this section, an unemployed
claimant otherwise eligible for benefits shall not become ineligible for
benefits:
(A) Because of the claimant's enrollment in and satisfactory pursuit
of approved training, including training approved under section 236(a)(1)
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of the trade act of 1974;
(B) solely because such individual is seeking only part-time
employment if the individual is available for a number of hours per week
that are comparable to the individual's part-time work experience in the
base period; or
(C) because a claimant is not actively seeking work:
(i) During a state of disaster emergency proclaimed by the governor
pursuant to K.S.A. 48-924 and 48-925, and amendments thereto;
(ii) in response to the spread of the public health emergency of
COVID-19; and
(iii) the state's temporary waiver of the work search requirement
under the employment security law for such claimant is in compliance
with the families first coronavirus response act, public law 116-127.
(2) The secretary shall develop and implement procedures to address
claimants who refuse to return to suitable work or refuse to accept an offer
of suitable work without good cause. Such procedures shall include the
receipt and processing of job refusal reports from employers, the
evaluation of such reports in consideration of the claimant's work history
and skills and suitability of the offered employment and guidelines for a
determination of whether the claimant shall remain eligible for
unemployment benefits or has failed to meet the work search requirements
of this subsection or the requirements of K.S.A. 44-706(c), and
amendments thereto. In determining whether the employment offered is
suitable, the secretary's considerations shall include those set forth in
K.S.A. 44-706(c), and amendments thereto, including whether the
employment offers wages comparable to the claimant's recent employment
and work duties that correspond to the claimant's education level and
previous work experience. The secretary shall also consider whether the
employment offers wages of at least the amount of the claimant's
maximum weekly benefits.
(3)(A) To facilitate the requirements of paragraph (2), the secretary
shall provide readily accessible means for employers to notify the
department when a claimant refuses to return to work or, refuses an offer
of suitable work, fails to appear for a previously scheduled job interview
without notifying the prospective employer of the need to cancel or
reschedule the interview or fails to respond to an offer of employment
within five days, whether by an acceptance, refusal or request for
additional information or time to consider the offer, including by a
dedicated telephone, number and email or address and an online web
portal. The website portal and email address shall allow employers to
submit batches of multiple such claimants. Nothing in this subsection
subparagraph shall be construed as to require an employer to report such
job refusals occurences to the department.
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(4)(B) At the time of receipt of notice that a claimant has refused to
return to work or has refused an offer of suitable work from an employer
pursuant to paragraph (3) subparagraph (A), the secretary shall, within 10
five business days of receipt of such notice from the employer, provide a
notice to the claimant who has refused to return to work or to accept an
offer of suitable work without good cause. The method of providing the
notice to the claimant shall be consistent with other correspondence from
the department to the claimant and may include mail, telephone, email or
through an online web portal. The notice shall, at minimum, include the
following information:
(A)(i) A summary of state employment security law regarding a
claimant's duties to return to work or accept suitable work;
(B)(ii) a statement that the claimant has been or may be disqualified
and the claimant's right to collect benefits has been or may be terminated
for refusal to return to work or accept suitable work without good cause, as
provided by this subsection and K.S.A. 44-706(c), and amendments
thereto;
(C)(iii) an explanation of what constitutes suitable work under the
employment security law; and
(D)(iv) instructions for contesting a denial of a claim if the denial is
based upon a report by an employer that the claimant has refused to return
to work or has refused to accept an offer of suitable work.
(C) At the time of receipt of a report pursuant to subparagraph (A)
that a claimant has failed to respond to an offer of suitable work within
five business days, whether by an acceptance, refusal or request for
additional information or time to consider the offer or has failed to appear
for a previously scheduled job interview without notifying the prospective
employer of the need to cancel or reschedule the interview, the secretary
shall immediately provide notice to the claimant that the claimant may be
disqualified from benefits within five business days of the date of receipt of
the report by the secretary, the reason for the pending disqualification and
instructions for contesting the pending denial of the claim. The secretary
shall disqualify the claimant for further benefits for noncompliance with
work search requirements or refusal to accept suitable work without good
cause within five business days of receiving the report unless the secretary
determines the report cannot be verified as provided by subparagraph (D),
the secretary determines the work is not suitable or unless or until the
claimant shows good cause excusing the noncompliance or demonstrates
compliance. An unreasonable delay by a claimant to accept an offer of
employment after a request from the claimant for additional information
or time to consider the offer shall be considered to be a refusal by the
secretary. A delay to respond of more than five business days after the
claimant's receipt of additional information or request for additional time
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to consider the offer shall be deemed unreasonable. The secretary shall
communicate the disqualification and the reason for the disqualification to
the claimant. In determining whether the claimant has shown good cause
excusing the noncompliance or whether the work is suitable, the secretary
shall consider any relevant provisions set forth in K.S.A. 44-706(c), and
amendments thereto.
(D) Prior to denying benefits to a claimant for work search
noncompliance as provided in subparagraph (C), the secretary shall verify
any information submitted by an employer documenting an incident of
such work search noncompliance.
(E) The department of labor shall include notices to all active
employers regarding work search noncompliance reporting options, as
provided in subparagraph (A), in the department of labor's annual
summary of benefit charges referenced in K.S.A. 44-710b(d), and
amendments thereto, and in the rate notices to employers referenced in
K.S.A. 44-710b(a), and amendments thereto.
(5)(3) For the purposes of this subsection, an inmate of a custodial or
correctional institution shall be deemed to be unavailable for work and not
eligible to receive unemployment compensation while incarcerated.
(d) (1) Except as provided further, the claimant has been unemployed
for a waiting period of one week or the claimant is unemployed and has
satisfied the requirement for a waiting period of one week under the shared
work unemployment compensation program as provided in K.S.A. 44-
757(k)(4), and amendments thereto, and that period of one week, in either
case, occurs within the benefit year that includes the week for which the
claimant is claiming benefits. No week shall be counted as a week of
unemployment for the purposes of this subsection:
(A) If benefits have been paid for such week;
(B) if the individual fails to meet with the other eligibility
requirements of this section; or
(C) if an individual is seeking unemployment benefits under the
unemployment compensation law of any other state or of the United
States, except that if the appropriate agency of such state or of the United
States finally determines that the claimant is not entitled to unemployment
benefits under such other law, this subparagraph shall not apply.
(2) (A) The waiting week requirement of paragraph (1) shall not
apply to:
(i) New claims by claimants who become unemployed as a result of
an employer terminating business operations within this state, declaring
bankruptcy or initiating a work force reduction pursuant to public law 100-
379, the federal worker adjustment and retraining notification act, 29
U.S.C. §§ 2101 through 2109, as amended; or
(ii) new claims filed on or after April 5, 2020, through December 26,
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2020, in accordance with the families first coronavirus response act, public
law 116-127 and the federal CARES act, public law 116-136.
(B) The secretary shall adopt rules and regulations to administer the
provisions of this paragraph.
(3) If the waiting week requirement of paragraph (1) applies, a
claimant shall become eligible to receive compensation for the waiting
period of one week, pursuant to paragraph (1), upon completion of three
weeks of unemployment consecutive to such waiting period. This
paragraph shall not apply to initial claims effective on and after April 1,
2021.
(e) For benefit years established on and after the effective date of this
act, the claimant has been paid total wages for insured work in the
claimant's base period of not less than 30 times the claimant's weekly
benefit amount and has been paid wages in more than one quarter of the
claimant's base period, except that the wage credits of an individual earned
during the period commencing with the end of a prior base period and
ending on the date that such individual filed a valid initial claim shall not
be available for benefit purposes in a subsequent benefit year unless, in
addition thereto, such individual has returned to work and subsequently
earned wages for insured work in an amount equal to at least eight times
the claimant's current weekly benefit amount.
(f) The claimant participates in reemployment services, such as job
search assistance services, if the individual has been determined to be
likely to exhaust regular benefits and needs reemployment services
pursuant to a profiling system established by the secretary, unless the
secretary determines that: (1) The individual has completed such services;
or (2) there is justifiable cause for the claimant's failure to participate in
such services.
(g) The claimant is returning to work after a qualifying injury and has
been paid total wages for insured work in the claimant's alternative base
period of not less than 30 times the claimant's weekly benefit amount and
has been paid wages in more than one quarter of the claimant's alternative
base period if:
(1) The claimant has filed for benefits within four weeks of being
released to return to work by a licensed and practicing health care
provider;
(2) the claimant files for benefits within 24 months of the date the
qualifying injury occurred; and
(3) the claimant attempted to return to work with the employer where
the qualifying injury occurred, but the individual's regular work or
comparable and suitable work was not available.
Sec. 2. K.S.A. 44-706 is hereby amended to read as follows: 44-706.
The secretary shall examine whether an individual has separated from
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employment for each week claimed. The secretary shall apply the
provisions of this section to the individual's most recent employment prior
to the week claimed. An individual shall be disqualified for benefits:
(a) If the individual left work voluntarily without good cause
attributable to the work or the employer, subject to the other provisions of
this subsection. For purposes of this subsection, "good cause" is cause of
such gravity that would impel a reasonable, not supersensitive, individual
exercising ordinary common sense to leave employment. Good cause
requires a showing of good faith of the individual leaving work, including
the presence of a genuine desire to work. Failure to return to work after
expiration of approved personal or medical leave, or both, shall be
considered a voluntary resignation. After a temporary job assignment,
failure of an individual to affirmatively request an additional assignment
on the next succeeding workday, if required by the employment
agreement, after completion of a given work assignment, shall constitute
leaving work voluntarily. The disqualification shall begin the day
following the separation and shall continue until after the individual has
become reemployed and has had earnings from insured work of at least
three times the individual's weekly benefit amount. An individual shall not
be disqualified under this subsection if:
(1) The individual was forced to leave work because of illness or
injury upon the advice of a licensed and practicing health care provider
and, upon learning of the necessity for absence, immediately notified the
employer thereof, or the employer consented to the absence, and after
recovery from the illness or injury, when recovery was certified by a
practicing health care provider, the individual returned to the employer and
offered to perform services and the individual's regular work or
comparable and suitable work was not available. As used in this paragraph
"health care provider" means any person licensed by the proper licensing
authority of any state to engage in the practice of medicine and surgery,
osteopathy, chiropractic, dentistry, optometry, podiatry or psychology;
(2) the individual left temporary work to return to the regular
employer;
(3) the individual left work to enlist in the armed forces of the United
States, but was rejected or delayed from entry;
(4) the spouse of an individual who is a member of the armed forces
of the United States who left work because of the voluntary or involuntary
transfer of the individual's spouse from one job to another job, which is for
the same employer or for a different employer, at a geographic location
which makes it unreasonable for the individual to continue work at the
individual's job. For the purposes of this provision the term "armed forces"
means active duty in the army, navy, marine corps, air force, coast guard or
any branch of the military reserves of the United States;
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(5) the individual left work because of hazardous working conditions;
in determining whether or not working conditions are hazardous for an
individual, the degree of risk involved to the individual's health, safety and
morals, the individual's physical fitness and prior training and the working
conditions of workers engaged in the same or similar work for the same
and other employers in the locality shall be considered; as used in this
paragraph, "hazardous working conditions" means working conditions that
could result in a danger to the physical or mental well-being of the
individual; each determination as to whether hazardous working
conditions exist shall include, but shall not be limited to, a consideration
of: (A) The safety measures used or the lack thereof; and (B) the condition
of equipment or lack of proper equipment; no work shall be considered
hazardous if the working conditions surrounding the individual's work are
the same or substantially the same as the working conditions generally
prevailing among individuals performing the same or similar work for
other employers engaged in the same or similar type of activity;
(6) the individual left work to enter training approved under section
236(a)(1) of the federal trade act of 1974, provided the work left is not of a
substantially equal or higher skill level than the individual's past adversely
affected employment, as defined for purposes of the federal trade act of
1974, and wages for such work are not less than 80% of the individual's
average weekly wage as determined for the purposes of the federal trade
act of 1974;
(7) the individual left work because of unwelcome harassment of the
individual by the employer or another employee of which the employing
unit had knowledge and that would impel the average worker to give up
such worker's employment;
(8) the individual left work to accept better work; each determination
as to whether or not the work accepted is better work shall include, but
shall not be limited to, consideration of: (A) The rate of pay, the hours of
work and the probable permanency of the work left as compared to the
work accepted; (B) the cost to the individual of getting to the work left in
comparison to the cost of getting to the work accepted; and (C) the
distance from the individual's place of residence to the work accepted in
comparison to the distance from the individual's residence to the work left;
(9) the individual left work as a result of being instructed or requested
by the employer, a supervisor or a fellow employee to perform a service or
commit an act in the scope of official job duties which is in violation of an
ordinance or statute;
(10) the individual left work because of a substantial violation of the
work agreement by the employing unit and, before the individual left, the
individual had exhausted all remedies provided in such agreement for the
settlement of disputes before terminating. For the purposes of this
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paragraph, a demotion based on performance does not constitute a
violation of the work agreement;
(11) after making reasonable efforts to preserve the work, the
individual left work due to a personal emergency of such nature and
compelling urgency that it would be contrary to good conscience to
impose a disqualification; or
(12) (A) the individual left work due to circumstances resulting from
domestic violence, including:
(i) The individual's reasonable fear of future domestic violence at or
en route to or from the individual's place of employment;
(ii) the individual's need to relocate to another geographic area in
order to avoid future domestic violence;
(iii) the individual's need to address the physical, psychological and
legal impacts of domestic violence;
(iv) the individual's need to leave employment as a condition of
receiving services or shelter from an agency which provides support
services or shelter to victims of domestic violence; or
(v) the individual's reasonable belief that termination of employment
is necessary to avoid other situations which may cause domestic violence
and to provide for the future safety of the individual or the individual's
family.
(B) An individual may prove the existence of domestic violence by
providing one of the following:
(i) A restraining order or other documentation of equitable relief by a
court of competent jurisdiction;
(ii) a police record documenting the abuse;
(iii) documentation that the abuser has been convicted of one or more
of the offenses enumerated in articles 34 and 35 of chapter 21 of the
Kansas Statutes Annotated, prior to their repeal, or articles 54 or 55 of
chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or
K.S.A. 2022 Supp. 21-6104, 21-6325, 21-6326 or 21-6418 through 21-
6422, and amendments thereto, where the victim was a family or
household member;
(iv) medical documentation of the abuse;
(v) a statement provided by a counselor, social worker, health care
provider, clergy, shelter worker, legal advocate, domestic violence or
sexual assault advocate or other professional who has assisted the
individual in dealing with the effects of abuse on the individual or the
individual's family; or
(vi) a sworn statement from the individual attesting to the abuse.
(C) No evidence of domestic violence experienced by an individual,
including the individual's statement and corroborating evidence, shall be
disclosed by the department of labor unless consent for disclosure is given
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by the individual.
(b) If the individual has been discharged or suspended for misconduct
connected with the individual's work. The disqualification shall begin the
day following the separation and shall continue until after the individual
becomes reemployed and in cases where the disqualification is due to
discharge for misconduct has had earnings from insured work of at least
three times the individual's determined weekly benefit amount, except that
if an individual is discharged for gross misconduct connected with the
individual's work, such individual shall be disqualified for benefits until
such individual again becomes employed and has had earnings from
insured work of at least eight times such individual's determined weekly
benefit amount. In addition, all wage credits attributable to the
employment from which the individual was discharged for gross
misconduct connected with the individual's work shall be canceled. No
such cancellation of wage credits shall affect prior payments made as a
result of a prior separation.
(1) For the purposes of this subsection, "misconduct" is defined as a
violation of a duty or obligation reasonably owed the employer as a
condition of employment including, but not limited to, a violation of a
company rule, including a safety rule, if: (A) The individual knew or
should have known about the rule; (B) the rule was lawful and reasonably
related to the job; and (C) the rule was fairly and consistently enforced.
(2) (A) Failure of the employee to notify the employer of an absence
and an individual's leaving work prior to the end of such individual's
assigned work period without permission shall be considered prima facie
evidence of a violation of a duty or obligation reasonably owed the
employer as a condition of employment.
(B) For the purposes of this subsection, misconduct shall include, but
not be limited to, violation of the employer's reasonable attendance
expectations if the facts show:
(i) The individual was absent or tardy without good cause;
(ii) the individual had knowledge of the employer's attendance
expectation; and
(iii) the employer gave notice to the individual that future absence or
tardiness may or will result in discharge.
(C) For the purposes of this subsection, if an employee disputes being
absent or tardy without good cause, the employee shall present evidence
that a majority of the employee's absences or tardiness were for good
cause. If the employee alleges that the employee's repeated absences or
tardiness were the result of health related issues, such evidence shall
include documentation from a licensed and practicing health care provider
as defined in subsection (a)(1).
(3) (A) The term "gross misconduct" as used in this subsection shall
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be construed to mean conduct evincing extreme, willful or wanton
misconduct as defined by this subsection. Gross misconduct shall include,
but not be limited to: (i) Theft; (ii) fraud; (iii) intentional damage to
property; (iv) intentional infliction of personal injury; or (v) any conduct
that constitutes a felony.
(B) For the purposes of this subsection, the following shall be
conclusive evidence of gross misconduct:
(i) The use of alcoholic liquor, cereal malt beverage or a
nonprescribed controlled substance by an individual while working;
(ii) the impairment caused by alcoholic liquor, cereal malt beverage
or a nonprescribed controlled substance by an individual while working;
(iii) a positive breath alcohol test or a positive chemical test,
provided:
(a) The test was either:
(1) Required by law and was administered pursuant to the drug free
workplace act, 41 U.S.C. § 701 et seq.;
(2) administered as part of an employee assistance program or other
drug or alcohol treatment program in which the employee was
participating voluntarily or as a condition of further employment;
(3) requested pursuant to a written policy of the employer of which
the employee had knowledge and was a required condition of
employment;
(4) required by law and the test constituted a required condition of
employment for the individual's job; or
(5) there was reasonable suspicion to believe that the individual used,
had possession of, or was impaired by alcoholic liquor, cereal malt
beverage or a nonprescribed controlled substance while working;
(b) the test sample was collected either:
(1) As prescribed by the drug free workplace act, 41 U.S.C. § 701 et
seq.;
(2) as prescribed by an employee assistance program or other drug or
alcohol treatment program in which the employee was participating
voluntarily or as a condition of further employment;
(3) as prescribed by the written policy of the employer of which the
employee had knowledge and which constituted a required condition of
employment;
(4) as prescribed by a test which was required by law and which
constituted a required condition of employment for the individual's job; or
(5) at a time contemporaneous with the events establishing probable
cause;
(c) the collecting and labeling of a chemical test sample was
performed by a licensed health care professional or any other individual
certified pursuant to paragraph (b)(3)(A)(iii)(f) or authorized to collect or
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label test samples by federal or state law, or a federal or state rule or
regulation having the force or effect of law, including law enforcement
personnel;
(d) the chemical test was performed by a laboratory approved by the
United States department of health and human services or licensed by the
department of health and environment, except that a blood sample may be
tested for alcohol content by a laboratory commonly used for that purpose
by state law enforcement agencies;
(e) the chemical test was confirmed by gas chromatography, gas
chromatography-mass spectroscopy or other comparably reliable
analytical method, except that no such confirmation is required for a blood
alcohol sample or a breath alcohol test;
(f) the breath alcohol test was administered by an individual trained
to perform breath tests, the breath testing instrument used was certified
and operated strictly according to a description provided by the
manufacturers and the reliability of the instrument performance was
assured by testing with alcohol standards; and
(g) the foundation evidence establishes, beyond a reasonable doubt,
that the test results were from the sample taken from the individual;
(iv) an individual's refusal to submit to a chemical test or breath
alcohol test, provided:
(a) The test meets the standards of the drug free workplace act, 41
U.S.C. § 701 et seq.;
(b) the test was administered as part of an employee assistance
program or other drug or alcohol treatment program in which the
employee was participating voluntarily or as a condition of further
employment;
(c) the test was otherwise required by law and the test constituted a
required condition of employment for the individual's job;
(d) the test was requested pursuant to a written policy of the employer
of which the employee had knowledge and was a required condition of
employment; or
(e) there was reasonable suspicion to believe that the individual used,
possessed or was impaired by alcoholic liquor, cereal malt beverage or a
nonprescribed controlled substance while working;
(v) an individual's dilution or other tampering of a chemical test.
(C) For purposes of this subsection:
(i) "Alcohol concentration" means the number of grams of alcohol
per 210 liters of breath;
(ii) "alcoholic liquor" means the same as provided in K.S.A. 41-102,
and amendments thereto;
(iii) "cereal malt beverage" means the same as provided in K.S.A. 41-
2701, and amendments thereto;
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(iv) "chemical test" includes, but is not limited to, tests of urine,
blood or saliva;
(v) "controlled substance" means the same as provided in K.S.A.
2022 Supp. 21-5701, and amendments thereto;
(vi) "required by law" means required by a federal or state law, a
federal or state rule or regulation having the force and effect of law, a
county resolution or municipal ordinance, or a policy relating to public
safety adopted in an open meeting by the governing body of any special
district or other local governmental entity;
(vii) "positive breath test" means a test result showing an alcohol
concentration of 0.04 or greater, or the levels listed in 49 C.F.R. part 40, if
applicable, unless the test was administered as part of an employee
assistance program or other drug or alcohol treatment program in which
the employee was participating voluntarily or as a condition of further
employment, in which case "positive chemical test" shall mean a test result
showing an alcohol concentration at or above the levels provided for in the
assistance or treatment program;
(viii) "positive chemical test" means a chemical result showing a
concentration at or above the levels listed in K.S.A. 44-501, and
amendments thereto, or 49 C.F.R. part 40, as applicable, for the drugs or
abuse listed therein, unless the test was administered as part of an
employee assistance program or other drug or alcohol treatment program
in which the employee was participating voluntarily or as a condition of
further employment, in which case "positive chemical test" means a
chemical result showing a concentration at or above the levels provided for
in the assistance or treatment program.
(4) An individual shall not be disqualified under this subsection if the
individual is discharged under the following circumstances:
(A) The employer discharged the individual after learning the
individual was seeking other work or when the individual gave notice of
future intent to quit, except that the individual shall be disqualified after
the time at which such individual intended to quit and any individual who
commits misconduct after such individual gives notice to such individual's
intent to quit shall be disqualified;
(B) the individual was making a good-faith effort to do the assigned
work but was discharged due to:
(i) Inefficiency;
(ii) unsatisfactory performance due to inability, incapacity or lack of
training or experience;
(iii) isolated instances of ordinary negligence or inadvertence;
(iv) good-faith errors in judgment or discretion; or
(v) unsatisfactory work or conduct due to circumstances beyond the
individual's control; or
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(C) the individual's refusal to perform work in excess of the contract
of hire.
(c) If the individual has failed, without good cause, to either apply for
suitable work when so directed by the employment office of the secretary
of labor, or to accept suitable work when offered to the individual by the
employment office, the secretary of labor, or an employer, including by
failing to meet the work search requirements set forth in K.S.A. 44-705,
and amendments thereto, such disqualification shall begin with the week
in which such failure occurred and shall continue until the individual
becomes reemployed and has had earnings from insured work of at least
three times such individual's determined weekly benefit amount. In
determining whether or not any work is suitable for an individual, the
secretary of labor, or a person or persons designated by the secretary, shall
consider the degree of risk involved to health, safety and morals, physical
fitness and prior education, training, experience and prior earnings, length
of unemployment and prospects for securing local work in the individual's
customary occupation or work for which the individual is reasonably fitted
by education, training or experience, and the distance of the available
work from the individual's residence. The secretary shall also consider
whether the employment offers wages of at least the amount of the
claimant's maximum weekly benefits. Notwithstanding any other
provisions of this act, an otherwise eligible individual shall not be
disqualified for refusing an offer of suitable employment, or failing to
apply for suitable employment when notified by an employment office, or
for leaving the individual's most recent work accepted during approved
training, including training approved under section 236(a)(1) of the trade
act of 1974, if the acceptance of or applying for suitable employment or
continuing such work would require the individual to terminate approved
training and no work shall be deemed suitable and benefits shall not be
denied under this act to any otherwise eligible individual for refusing to
accept new work under any of the following conditions: (1) If the position
offered is vacant due directly to a strike, lockout or other labor dispute; (2)
if the remuneration, hours or other conditions of the work offered are
substantially less favorable to the individual than those prevailing for
similar work in the locality; (3) if as a condition of being employed, the
individual would be required to join or to resign from or refrain from
joining any labor organization; and (4) if the individual left employment as
a result of domestic violence, and the position offered does not reasonably
accommodate the individual's physical, psychological, safety, or legal
needs relating to such domestic violence.
(d) For any week with respect to which the secretary of labor, or a
person or persons designated by the secretary, finds that the individual's
unemployment is due to a stoppage of work which exists because of a
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labor dispute or there would have been a work stoppage had normal
operations not been maintained with other personnel previously and
currently employed by the same employer at the factory, establishment or
other premises at which the individual is or was last employed, except that
this subsection (d) shall not apply if it is shown to the satisfaction of the
secretary of labor, or a person or persons designated by the secretary, that:
(1) The individual is not participating in or financing or directly interested
in the labor dispute which caused the stoppage of work; and (2) the
individual does not belong to a grade or class of workers of which,
immediately before the commencement of the stoppage, there were
members employed at the premises at which the stoppage occurs any of
whom are participating in or financing or directly interested in the dispute.
If in any case separate branches of work which are commonly conducted
as separate businesses in separate premises are conducted in separate
departments of the same premises, each such department shall, for the
purpose of this subsection be deemed to be a separate factory,
establishment or other premises. For the purposes of this subsection,
failure or refusal to cross a picket line or refusal for any reason during the
continuance of such labor dispute to accept the individual's available and
customary work at the factory, establishment or other premises where the
individual is or was last employed shall be considered as participation and
interest in the labor dispute.
(e) For any week with respect to which or a part of which the
individual has received or is seeking unemployment benefits under the
unemployment compensation law of any other state or of the United
States, except that if the appropriate agency of such other state or the
United States finally determines that the individual is not entitled to such
unemployment benefits, this disqualification shall not apply.
(f) For any week with respect to which the individual is entitled to
receive any unemployment allowance or compensation granted by the
United States under an act of congress to ex-service men and women in
recognition of former service with the military or naval services of the
United States.
(g) If the individual, or another in such individual's behalf with the
knowledge of the individual, has knowingly made a false statement or
representation, or has knowingly failed to disclose a material fact to obtain
or increase benefits under this act or any other unemployment
compensation law administered by the secretary of labor, unless the
individual has repaid the full amount of the overpayment as determined by
the secretary or the secretary's designee, including, but not limited to, the
total amount of money erroneously paid as benefits or unlawfully
obtained, interest, penalties and any other costs or fees provided by law. If
the individual has made such repayment, the individual shall be
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disqualified for a period of one year for the first occurrence or five years
for any subsequent occurrence, beginning with the first day following the
date the department of labor confirmed the individual has successfully
repaid the full amount of the overpayment. In addition to the penalties set
forth in K.S.A. 44-719, and amendments thereto, an individual who has
knowingly made a false statement or representation or who has knowingly
failed to disclose a material fact to obtain or increase benefits under this
act or any other unemployment compensation law administered by the
secretary of labor shall be liable for a penalty in the amount equal to 25%
of the amount of benefits unlawfully received. Notwithstanding any other
provision of law, such penalty shall be deposited into the employment
security trust fund. No person who is a victim of identify theft shall be
subject to the provisions of this subsection. The secretary shall investigate
all cases of an alleged false statement or representation or failure to
disclose a material fact to ensure no victim of identity theft is disqualified,
required to repay or subject to any penalty as provided by this subsection
as a result of identity theft.
(h) For any week with respect to which the individual is receiving
compensation for temporary total disability or permanent total disability
under the workmen's compensation law of any state or under a similar law
of the United States.
(i) For any week of unemployment on the basis of service in an
instructional, research or principal administrative capacity for an
educational institution as defined in K.S.A. 44-703(v), and amendments
thereto, if such week begins during the period between two successive
academic years or terms or, when an agreement provides instead for a
similar period between two regular but not successive terms during such
period or during a period of paid sabbatical leave provided for in the
individual's contract, if the individual performs such services in the first of
such academic years or terms and there is a contract or a reasonable
assurance that such individual will perform services in any such capacity
for any educational institution in the second of such academic years or
terms.
(j) For any week of unemployment on the basis of service in any
capacity other than service in an instructional, research, or administrative
capacity in an educational institution, as defined in K.S.A. 44-703(v), and
amendments thereto, if such week begins during the period between two
successive academic years or terms if the individual performs such
services in the first of such academic years or terms and there is a
reasonable assurance that the individual will perform such services in the
second of such academic years or terms, except that if benefits are denied
to the individual under this subsection and the individual was not offered
an opportunity to perform such services for the educational institution for
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the second of such academic years or terms, such individual shall be
entitled to a retroactive payment of benefits for each week for which the
individual filed a timely claim for benefits and for which benefits were
denied solely by reason of this subsection.
(k) For any week of unemployment on the basis of service in any
capacity for an educational institution as defined in K.S.A. 44-703(v), and
amendments thereto, if such week begins during an established and
customary vacation period or holiday recess, if the individual performs
services in the period immediately before such vacation period or holiday
recess and there is a reasonable assurance that such individual will perform
such services in the period immediately following such vacation period or
holiday recess.
(l) For any week of unemployment 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, if such week begins during
the period between two successive sport seasons or similar period if such
individual performed services in the first of such 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.
(m) For any week 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
permanently 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 212(d)(5) of the federal immigration and nationality act. 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. 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
such individual's alien status shall be made except upon a preponderance
of the evidence.
(n) For any week in which an individual is receiving a governmental
or other pension, retirement or retired pay, annuity or other similar
periodic payment under a plan maintained by a base period employer and
to which the entire contributions were provided by such employer, except
that: (1) If the entire contributions to such plan were provided by the base
period employer but such individual's weekly benefit amount exceeds such
governmental or other pension, retirement or retired pay, annuity or other
similar periodic payment attributable to such week, the weekly benefit
amount payable to the individual shall be reduced, but not below zero, by
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an amount equal to the amount of such pension, retirement or retired pay,
annuity or other similar periodic payment which is attributable to such
week; or (2) if only a portion of contributions to such plan were provided
by the base period employer, the weekly benefit amount payable to such
individual for such week shall be reduced, but not below zero, by the
prorated weekly amount of the pension, retirement or retired pay, annuity
or other similar periodic payment after deduction of that portion of the
pension, retirement or retired pay, annuity or other similar periodic
payment that is directly attributable to the percentage of the contributions
made to the plan by such individual; or (3) if the entire contributions to the
plan were provided by such individual, or by the individual and an
employer, or any person or organization, who is not a base period
employer, no reduction in the weekly benefit amount payable to the
individual for such week shall be made under this subsection; or (4)
whatever portion of contributions to such plan were provided by the base
period employer, if the services performed for the employer by such
individual during the base period, or remuneration received for the
services, did not affect the individual's eligibility for, or increased the
amount of, such pension, retirement or retired pay, annuity or other similar
periodic payment, no reduction in the weekly benefit amount payable to
the individual for such week shall be made under this subsection. No
reduction shall be made for payments made under the social security act or
railroad retirement act of 1974.
(o) For any week of unemployment on the basis of services
performed in any capacity and under any of the circumstances described in
subsection (i), (j) or (k) that an individual performed in an educational
institution while in the employ of an educational service agency. For the
purposes of this subsection, the term "educational service agency" means a
governmental agency or entity which is established and operated
exclusively for the purpose of providing such services to one or more
educational institutions.
(p) For any week of unemployment on the basis of service as a school
bus or other motor vehicle driver employed by a private contractor to
transport pupils, students and school personnel to or from school-related
functions or activities for an educational institution, as defined in K.S.A.
44-703(v), and amendments thereto, if such week begins during the period
between two successive academic years or during a similar period between
two regular terms, whether or not successive, if the individual has a
contract or contracts, or a reasonable assurance thereof, to perform
services in any such capacity with a private contractor for any educational
institution for both such academic years or both such terms. An individual
shall not be disqualified for benefits as provided in this subsection for any
week of unemployment on the basis of service as a bus or other motor
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vehicle driver employed by a private contractor to transport persons to or
from nonschool-related functions or activities.
(q) For any week of unemployment on the basis of services
performed by the individual in any capacity and under any of the
circumstances described in subsection (i), (j), (k) or (o) which are provided
to or on behalf of an educational institution, as defined in K.S.A. 44-
703(v), and amendments thereto, while the individual is in the employ of
an employer which is a governmental entity, Indian tribe or any employer
described in section 501(c)(3) of the federal internal revenue code of 1986
which is exempt from income under section 501(a) of the code.
(r) For any week in which an individual is registered at and attending
an established school, training facility or other educational institution, or is
on vacation during or between two successive academic years or terms. An
individual shall not be disqualified for benefits as provided in this
subsection provided:
(1) The individual was engaged in full-time employment concurrent
with the individual's school attendance;
(2) the individual is attending approved training as defined in K.S.A.
44-703(s), and amendments thereto; or
(3) the individual is attending evening, weekend or limited day time
classes, which would not affect availability for work, and is otherwise
eligible under K.S.A. 44-705(c), and amendments thereto.
(s) For any week with respect to which an individual is receiving or
has received remuneration in the form of a back pay award or settlement.
The remuneration shall be allocated to the week or weeks in the manner as
specified in the award or agreement, or in the absence of such specificity
in the award or agreement, such remuneration shall be allocated to the
week or weeks in which such remuneration, in the judgment of the
secretary, would have been paid.
(1) For any such weeks that an individual receives remuneration in
the form of a back pay award or settlement, an overpayment will be
established in the amount of unemployment benefits paid and shall be
collected from the claimant.
(2) If an employer chooses to withhold from a back pay award or
settlement, amounts paid to a claimant while they claimed unemployment
benefits, such employer shall pay the department the amount withheld.
With respect to such amount, the secretary shall have available all of the
collection remedies authorized or provided in K.S.A. 44-717, and
amendments thereto.
(t) (1) Any applicant for or recipient of unemployment benefits who
tests positive for unlawful use of a controlled substance or controlled
substance analog shall be required to complete a substance abuse treatment
program approved by the secretary of labor, secretary of commerce or
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secretary for children and families, and a job skills program approved by
the secretary of labor, secretary of commerce or the secretary for children
and families. Subject to applicable federal laws, any applicant for or
recipient of unemployment benefits who fails to complete or refuses to
participate in the substance abuse treatment program or job skills program
as required under this subsection shall be ineligible to receive
unemployment benefits until completion of such substance abuse
treatment and job skills programs. Upon completion of both substance
abuse treatment and job skills programs, such applicant for or recipient of
unemployment benefits may be subject to periodic drug screening, as
determined by the secretary of labor. Upon a second positive test for
unlawful use of a controlled substance or controlled substance analog, an
applicant for or recipient of unemployment benefits shall be ordered to
complete again a substance abuse treatment program and job skills
program, and shall be terminated from unemployment benefits for a period
of 12 months, or until such applicant for or recipient of unemployment
benefits completes both substance abuse treatment and job skills programs,
whichever is later. Upon a third positive test for unlawful use of a
controlled substance or controlled substance analog, an applicant for or a
recipient of unemployment benefits shall be terminated from receiving
unemployment benefits, subject to applicable federal law.
(2) Any individual who has been discharged or refused employment
for failing a preemployment drug screen required by an employer may
request that the drug screening specimen be sent to a different drug testing
facility for an additional drug screening. Any such individual who requests
an additional drug screening at a different drug testing facility shall be
required to pay the cost of drug screening.
(u) If the individual was found not to have a disqualifying
adjudication or conviction under K.S.A. 39-970 or 65-5117, and
amendments thereto, was hired and then was subsequently convicted of a
disqualifying felony under K.S.A. 39-970 or 65-5117, and amendments
thereto, and discharged pursuant to K.S.A. 39-970 or 65-5117, and
amendments thereto. The disqualification shall begin the day following the
separation and shall continue until after the individual becomes
reemployed and has had earnings from insured work of at least three times
the individual's determined weekly benefit amount.
(v) Notwithstanding the provisions of any subsection, an individual
shall not be disqualified for such week of part-time employment in a
substitute capacity for an educational institution if such individual's most
recent employment prior to the individual's benefit year begin date was for
a non-educational institution and such individual demonstrates application
for work in such individual's customary occupation or for work for which
the individual is reasonably fitted by training or experience.
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Sec. 3. K.S.A. 44-772 is hereby amended to read as follows: 44-772.
(a) It is the intent of the legislature that, in order to accomplish the mission
of collecting state employment security taxes, processing unemployment
insurance benefit claims and paying benefits, the department of labor's
information technology system shall be continually developed,
customized, enhanced and upgraded. The purpose of this section is to
ensure the state's unemployment insurance program is utilizing current
technology and features to protect the sensitive data required in the
unemployment insurance benefit and tax systems relating to program
integrity, system efficiency and customer service experience.
(b) The legislature finds that, as a result of the vulnerabilities exposed
in the legacy unemployment insurance system by the COVID-19 pandemic
unemployment insurance crisis, a new system shall be fully designed,
implemented and administered by the department of labor not later than
December 31, 2022. The legislative coordinating council, upon
consultation with the unemployment compensation modernization and
improvement council established by K.S.A. 44-771, and amendments
thereto, may extend the deadline to a date certain and may further extend
the deadline to another date certain at any time as often as the legislative
coordinating council deems appropriate. The secretary of labor shall
provide written notice to the legislative coordinating council and the
unemployment compensation modernization and improvement council at
least 30 days prior to the expiration of a deadline advising whether the
secretary seeks an extension of the deadline and, if so, the basis therefor.
The failure of the secretary to provide such notice shall not affect the
authority of the legislative coordinating council to act as provided by this
subsection. For purposes of this subsection, "consultation" means an
appearance before, or written statement provided to, the legislative
coordinating council by the chairman of the unemployment compensation
modernization and improvement council or the chairman's designee. Any
member of the unemployment compensation modernization and
improvement council may also provide a written statement. A report to the
legislative coordinating council by the unemployment compensation
modernization and improvement council may be provided but shall not be
required. If any deadline expires before the legislative coordinating
council extends that deadline, the council may subsequently meet as soon
as reasonably possible and may retroactively extend any deadline as
otherwise provided by this subsection.
(c) The information technology system, technology and platform
shall include, but not be limited to, any components as specified and
defined by the unemployment compensation modernization and
improvement council established by K.S.A. 44-771, and amendments
thereto, in consultation with the secretary.
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(d) The new system shall include, but not be limited to, any features
and benefits as specified and defined by the unemployment compensation
modernization and improvement council established by K.S.A. 44-771,
and amendments thereto, in consultation with the secretary.
(e) The secretary shall implement and utilize all program integrity
elements, as specified and defined by the unemployment compensation
modernization and improvement council established by K.S.A. 44-771,
and amendments thereto, in consultation with the secretary, including, but
not limited to:
(1) Social security administration cross-matching for the purpose of
validating social security numbers supplied by a claimant;
(2) checking of new hire records against the national directorate of
new hires to verify eligibility;
(3) verification of immigration status or citizenship and confirmation
of benefit applicant information through the systematic alien verification
for entitlement program;
(4) comparison of applicant information to local, state and federal
prison databases through incarceration cross-matches;
(5) detection of duplicate claims by applicants filed in other states or
other unemployment insurance programs through utilization of the
interstate connection network, interstate benefits cross-match, the state
identification inquiry state claims and overpayment file and the interstate
benefits 8606 application for overpayment recoveries for Kansas claims
filed from a state other than Kansas;
(6) identification of internet protocol addresses linked to multiple
claims or to claims filed outside of the United States; and
(7) use of data mining and data analytics to detect and prevent fraud
when a claim is filed, and on an ongoing basis throughout the lifecycle of a
claim, by using current and future functionalities to include suspicious
actor repository, suspicious email domains, foreign internet protocol
addresses, multi-state cross-match, identity verification, fraud alert
systems and other assets provided by the unemployment insurance
integrity center.
(f) If the unemployment compensation modernization and
improvement council becomes inactive or is dissolved and the new
information technology system modernization project has been completed,
the secretary shall implement and utilize all new program integrity
elements and guidance issued by the United States department of labor and
the national association of state workforce agencies, including the integrity
data hub, within 60 days of the issuance of any such guidance.
(g) The secretary, on a scheduled basis, shall cross check new and
active unemployment insurance claims against the cross-check programs
described in subsection (e). If the secretary receives information
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concerning an individual approved for benefits that indicates a change in
circumstances that may affect eligibility, the secretary shall review the
individual's case and act in accordance with the law.
(h) The department of labor shall have the authority to execute a
memorandum of understanding with any department, agency or agency
division for information required to be shared between agencies pursuant
to the provisions of this section.
(i) The secretary of labor shall adopt rules and regulations necessary
for the purposes of carrying out this section. Such rules and regulations
shall be adopted within 12 months of the effective date of this act.
(j) The secretary of labor shall provide an annual status update and
progress report regarding the requirements of this section to the
unemployment compensation modernization and improvement council and
the legislative coordinating council.
(k) This section shall be a part of and supplemental to the
employment security law.
Sec. 4. K.S.A. 2022 Supp. 44-775 is hereby amended to read as
follows: 44-775. (a) (1) The secretary of labor and the secretary of
commerce shall jointly establish and implement the my reemployment
plan as provided in this section. For purposes of this section, "my
reemployment plan" means a program jointly established and implemented
by the Kansas department of labor and the Kansas department of
commerce that provides enhanced reemployment services, including
workforce services provided by the department of commerce, to Kansans
receiving unemployment insurance benefits. The program shall be required
for all claimants except claimants in the shared work program, trade
adjustment assistance and trade readjustment assistance program,
claimants on temporary layoff with a return-to-work date but such
claimants shall only be excepted during any first 8 consecutive weeks of
benefits, claimants that are currently employed, claimants that are current
reemployment services and eligibility assessment participants, claimants
that are active members in good standing of a placement union or
claimants that are engaged in a training program. The program shall be
implemented on or before June 1, 2021.
(2) The secretary of labor shall provide the secretary of commerce
with the names and contact information of claimants that have claimed a
third week of benefits in the current benefit year. The secretary of labor
shall request the claimant to upload or create a complete resume in the
Kansasworks workforce system, and complete a job search plan that
includes a skills assessment component. The secretary of commerce shall
offer and provide, when requested, assistance to the claimants in
developing the documents or plan through collaboration by the secretary
with the Kansasworks workforce system. The secretary of commerce may
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require claimants to participate in reemployment services. The claimant
shall have 14 calendar days to respond to the secretary of commerce. The
secretary of commerce shall report any failure to respond by the claimant
to the secretary of labor.
(3) The secretary of labor shall share labor market information and
current available job positions with the secretary of commerce. The
secretary of labor may collaborate with Kansasworks or other state or
federal agencies with job availability information in obtaining or sharing
such information.
(4) The secretary of commerce shall match open job positions with
claimants based on skills, work history and job location that is a
reasonable commute from the claimant's residence and communicate the
match information to the claimant and to the employer. The secretary of
labor and the secretary of commerce shall consider whether the claimant or
a Kansas employer would benefit from the claimant's participation in a
work skills training or retraining program as provided by subsection (b)
and, if so, provide such information to the employer, if applicable, and the
claimant. Claimants who fail to respond within 14 calendar days after
contact by Kansasworks or the department of commerce shall be reported
by the secretary of commerce to the secretary of labor.
(5) The secretary of commerce and the secretary of labor shall
monitor the result of job matches and share information regarding any
claimant who did not attend an interview or did not accept a position that
was a reasonable match for the claimant's work history and skills and was
within a reasonable commute from the claimant's residence. The secretary
of commerce shall contact the claimant and report the contact to the
secretary of labor. The secretary of labor shall consider whether the
claimant has failed to meet work search requirements and if the claimant
should continue to receive benefits. The provisions of K.S.A. 44-705(c)(2)
(B) and (C), and amendments thereto, regarding disqualification from
benefits for failure to meet work search requirements or failure to accept
suitable employment, shall apply to participants in the my reemployment
program unless participants are exempted from work search requirements
under the provisions of the program. The secretary of labor shall advise
my reemployment plan participants of such requirements.
(b) The secretary of commerce shall refer claimants to a work skills
training or retraining program as appropriate. The secretary of commerce
shall seek to obtain or utilize any available federal funds for the program,
and to the extent feasible, may make current work skills training and
retraining programs available to claimants. The secretary of labor may
allow claimants to participate in such a program offered by the secretary of
commerce or by another state or federal agency in lieu of requiring the
claimant to meet job search requirements and the requirements of the my
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reemployment plan until the number of allowed benefit weeks has expired.
A claimant shall participate in such a program for not less than 25 hours
per week. The secretary of commerce shall monitor those my
reemployment plan claimants participating in training managed by the
workforce centers to ensure compliance.
(c) Claimants who participate in the my reemployment plan or the
work skills training or retraining program shall meet attendance or
progress requirements established by the secretary of commerce to
continue eligibility for unemployment insurance benefits. Non compliant
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claimants shall be reported by the secretary of commerce to the secretary
of labor. The secretary of labor shall disqualify such claimants from further
benefits within five business days of receiving the report, unless or until
the claimant demonstrates compliance to the secretary of commerce, and
shall communicate the disqualification and the reason for the
disqualification to the claimant. The secretary of commerce shall report to
the secretary of labor when the claimant has reestablished compliance. The
secretary of labor may continue benefits or reinstate a claimant's eligibility
for benefits upon a showing of good cause by the claimant for the failure
to meet attendance or progress requirements or my reemployment plan
participation requirements.
(d) The secretary of labor and the secretary of commerce shall
provide an annual status update and progress report for the my
reemployment plan to the standing committee on commerce, labor and
economic development of the house of representatives and the standing
committee on commerce of the senate during the first month of the 2022
regular legislative session and the first month of each regular legislative
session thereafter.
(e) This section shall be a part of and supplemental to the
employment security law.
Sec. 5. K.S.A. 44-705, 44-706 and 44-772 and K.S.A. 2022 Supp. 44-
775 are hereby repealed.
Sec. 6. This act shall take effect and be in force from and after its
publication in the statute book.
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