Title XXVII, Labor and Human Rights

(1) Not later than five (5) years after the date on which any contributions, interest, or penalties were paid, an employing unit which has paid such contributions, interest, or penalties may make application for an adjustment in connection with subsequent contribution payments, o…

search activity compliance. An unemployed worker shall, except as provided in KRS 341.360 and 341.370, be eligible for benefits with respect to any week of unemployment only if: (1) He or she has made a claim for benefits; (2) For an initial claim made on or after January 1, 2012…

An otherwise eligible worker under this chapter shall be ineligible for benefits for any week in a benefit year unless, subsequent to the beginning of the worker's immediately preceding benefit year, he or she returned to work and earned wages in covered employment equal to at le…

(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 ma…

(1) A worker shall be disqualified from receiving benefits for the duration of any period of unemployment with respect to which: (a) He or she has failed without good cause either to apply for available, suitable work when so directed by the employment office or the secretary, to…

-- Online notification portal. (1) An employer may notify the secretary in writing or electronically of each worker who has declined to accept suitable work when offered or has failed to attend a first interview for suitable work, whether held in-person, virtually, or by phone. T…

weekly benefit rate. (1) All benefits shall be paid through employment offices, or such other agencies as may be designated by regulations of the secretary. Claims for all payments of benefits shall be made in accordance with regulations of the secretary. (2) The weekly benefit r…

benefits -- Additional weeks for job training or certification participation. (1) The duration of benefits available to each eligible recipient based upon the state average unemployment rate at the time of his or her application for benefits, up to a maximum of twenty-four (24) w…

There shall be deducted from the benefit rate determined for a worker in accordance with subsection (2) of KRS 341.380: (1) Eighty percent (80%), adjusted to the nearest multiple of one dollar ($1), of the amount of wages earned by such worker during the week of unemployment with…

(1) A worker filing a new claim for unemployment benefits shall, at the time of filing such claim, disclose whether or not he owes child support obligations as defined under this section. If any such worker discloses that he owes child support obligations, and is determined to be…

withholding of income tax. (1) An individual filing a new claim for unemployment compensation shall, at the time of filing the claim, be advised that: (a) Unemployment compensation is subject to federal and state income tax; (b) Requirements exist pertaining to estimated tax paym…

Each subject employer shall post and maintain in places readily accessible to his workers printed statements concerning such regulations or such matters as the secretary prescribes. Each subject employer shall make available to his workers copies of such printed statements and su…

The secretary acting through his duly authorized representatives shall, upon request, determine the insured status of a worker. If a worker is found to have fully insured status, as defined in KRS 341.090(3), the Office of Unemployment Insurance shall notify all interested partie…

For the purposes of KRS 341.412 to 341.414: (1) "National Directory of New Hires" means the database that stores personal and financial data on employed individuals across the country and contains information and data on individuals receiving unemployment compensation; (2) "New h…

September 6, 2021 -- Waiver of overpayment of benefits -- Return of overpayments collected to federal government. Notwithstanding any state law to the contrary, for unemployment insurance claims filed between January 27, 2020, and September 6, 2021: (1) The secretary shall waive …

ensure integrity of program, to verify eligibility, to prevent fraud and overpayment of claims -- Records -- Annual report to Legislative Research Commission. (1) To ensure the integrity of the unemployment insurance program, to verify eligibility, to prevent fraudulent filing, a…

(1) (a) Any person who has received any sum as benefits under this chapter or any other state's unemployment insurance statutes or any United States Department of Labor unemployment insurance benefit program, providing the secretary has signed a reciprocal agreement with such oth…

Requirements. (1) Any person suspected of fraudulently obtaining or attempting to obtain any benefit under this chapter, or under any unemployment insurance law of any other state or the federal government, shall be referred by the cabinet to the appropriate county attorney or Co…

(1) An employer wishing to participate in a shared work program shall submit a signed, written shared work compensation plan to the secretary for approval. (2) The secretary shall approve a shared work unemployment compensation plan if: (a) The plan: 1. Applies to and identifies …

(1) The secretary shall approve or reject a plan in writing within thirty (30) days of its receipt. (2) Only one (1) plan may be approved for any one (1) employer during any twelve (12) month period. (3) The reason for the rejection of any plan shall be final and nonappealable, b…

(1) A plan shall take effect: (a) On the date of its approval by the secretary; or (b) On a date specified within the plan if that date occurs after its approval by the secretary. (2) Each plan: (a) Shall expire at the end of twelve (12) full calendar months after its effective d…

operation. (1) For purposes of this section, "good cause" includes but is not limited to: (a) Failure to comply with the assurances given in the plan; (b) Unreasonable revision of productivity standards for the affected group; (c) Conduct or occurrences tending to defeat the inte…

(1) An individual is eligible to receive shared work unemployment compensation benefits with respect to any week only if the secretary finds that: (a) The individual is employed as a member of an affected group under an approved plan that was approved by the secretary before the …

(1) The shared work weekly benefit amount shall be the product of the regular weekly unemployment compensation amount, as calculated under KRS 341.380, multiplied by the percentage of reduction of at least ten percent (10%) in the individual's usual weekly hours of work. (2) An i…

An individual who has received all of the combined regular benefits and shared work benefits available in a benefit year shall be considered an exhaustee for purposes of extended benefits, as provided under KRS 341.700 to 341.740, and, if otherwise eligible under those provisions…

(1) The secretary shall appoint one (1) or more impartial referees according to KRS 341.125 to hear and decide appealed claims. (2) A party to a determination may file an appeal to a referee as to any matter therein within thirty (30) days after the date such determination was ma…

(1) The commission may on its own motion affirm, modify, or set aside any decision of a referee on the basis of the evidence previously submitted in such case, or direct the taking of additional evidence, or may permit any of the parties to such decision to initiate further appea…

(1) The manner in which appeals are presented and hearings and appeals conducted shall be in accordance with regulations prescribed by the secretary for determining the rights of the parties, and such hearings to be conducted in a summary manner. A complete record shall be kept o…

(1) Except as provided in KRS 341.460, within twenty (20) days after the date of the decision of the commission, any party aggrieved thereby may, after exhausting his remedies before the commission, secure judicial review thereof by filing a complaint against the commission in th…

(1) In all cases of appeals arising under KRS 341.360(1)(a) or KRS 341.430(2) court review may be had as provided in KRS 341.450 except that review shall be had to the Franklin Circuit Court. (2) A claimant who has been denied benefits under KRS 341.360(1)(a) may appeal for himse…

before a referee or the commission. (1) No agreement by a worker to waive, release, or commute his rights to benefits or any other rights under this chapter shall be valid. No agreement by any worker to pay any portion of a subject employer's contributions, required under this ch…

(1) There shall be a special fund known as the unemployment insurance fund which shall be administered separate and apart from all public money or funds of this state. This fund shall consist of: (a) All contributions, payments in lieu of contributions, and money collected under …

(1) The State Treasurer shall be the treasurer and custodian of the fund. He shall administer the fund in accordance with the direction of the secretary and shall pay all vouchers approved by the Finance and Administration Cabinet and drawn upon the fund in accordance with regula…

from federal unemployment trust fund. (1) Except as provided in subsection (2) of this section and except the money as has been credited to the account of this state in the unemployment trust fund under the provisions of Section 903 of the Social Security Act as amended, and appr…

KRS 341.490, 341.500 and 341.510, to the extent that they relate to the unemployment trust fund, shall be operative only so long as that fund continues to exist and so long as the secretary of the federal treasury continues to maintain for this state a separate book account of al…

improper benefit payments -- Charging of benefits -- Voluntary payments -- Payments of benefits related to state of emergency or disaster declaration. (1) The Office of Unemployment Insurance shall maintain a reserve account for each subject employer making contributions to the f…

liabilities -- Contribution rate -- Penalties. (1) As used in this section, unless the context clearly requires otherwise: (a) "Substantially common" or "substantially the same" means that there is identifiable or demonstrative commonality or similarity of ownership, familial rel…

(1) The cabinet shall maintain a pooled account for contributing employers to which shall be credited: (a) Payments received from the federal government under the provisions of Section 204(a)(1) of the "Federal-State Extended Unemployment Compensation Act of 1970," and amendments…

(1) In any civil action to enforce the provisions of this chapter or in which the commission or the cabinet is an interested party, the commission or the cabinet may be represented by any qualified attorney who is designated by the secretary for that purpose. The expenses and com…

Benefits shall be considered due and payable under this chapter only to the extent provided in this chapter and to the extent that money is available therefor to the credit of the unemployment insurance fund, and neither this state, the secretary, nor the cabinet shall be liable …

administration. If the federal government does not, for any fiscal year, make the certification for payment to this state of funds for the assistance of this state in the administration of this chapter as provided by Title III of the Federal Social Security Act (49 Stat. 620) or …

request cap on Federal Unemployment Tax Act credit reduction. (1) The Governor is hereby authorized to apply for advances to the credit of this state's account in the unemployment trust fund from the federal unemployment account in such fund as provided for in Title XII of the So…

(1) The secretary, the cabinet, the commission, its personnel, or organization and funds shall constitute a continuation of the analogous provisions of the previous unemployment compensation laws of this state and the provisions of this chapter shall be considered as substituted …

Kentucky hereby obligates itself for the replacement, within a reasonable time, of any moneys received pursuant to Title III of the Social Security Act which, because of any action or contingency, are lost or expended for purposes other than, or in amounts in excess of, those fou…

contributing employers. (1) Any interest required to be paid on advances under Title XII of the Social Security Act shall be paid in a timely manner and shall not be paid directly or indirectly, by an equivalent reduction in unemployment contributions or otherwise, by the state u…

(1) There is created within the State Treasury a special fund for unemployment insurance known as the interest payment fund which shall be administered separate and apart from all public money or funds of the state. (2) The unemployment insurance interest payment fund shall be us…