K.S.A. § 44-775 — KS Code / Chapter 44 / Article 7 / Section 44-775
44-775 - Establishment of my reemployment plan; participation by claimants required; exceptions; extensions of temporary unemployment by secretary; conditions; limitation on total temporary unemployment; duties of secretary of labor and secretary of commerce related to the provision of reemployment services; annual reports; duties of claimants.
Status: in_force

44-775. Establishment of my reemployment plan; participation by claimants required; exceptions; extensions of temporary unemployment by secretary; conditions; limitation on total temporary unemployment; duties of secretary of labor and secretary of commerce related to the provision of reemployment services; annual reports; duties of claimants. (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.

(2) The program shall be required for all claimants except claimants that are:

(A) In the shared work program;

(B) in the trade adjustment assistance and trade readjustment assistance program;

(C) on temporary unemployment as defined in K.S.A. 44-703(ii), and amendments thereto;

(D) currently employed;

(E) current reemployment services and eligibility assessment participants;

(F) active members in good standing of a placement union; or

(G) claimants that are engaged in a training program.

(3) (A) The following shall apply to any request to the secretary for an extension of additional weeks of temporary unemployment, as defined by K.S.A. 44-703(ii), and amendments thereto , if permitted by subparagraph (C) :

(i) The request shall be made in writing by a rated contributing employer on behalf of an identified individual or individuals;

(ii) the request shall be submitted, with respect to each individual, for an increment of eight weeks of additional temporary unemployment allowed for the individual, if permitted by subparagraph (C); and

(iii) the rated contributing employer shall agree to provide the secretary with reports relating to the temporary unemployment extension request as the secretary may require.

(B) The secretary may approve one temporary unemployment extension request for an individual of eight weeks up to the maximum total number of weeks permitted, if permitted by subparagraph (C), if the secretary determines that the requesting employer has:

(i) Agreed to provide the secretary with all reports required as provided by subparagraph (A)(iii);

(ii) filed all reports required to be filed under the employment security law for all past and current periods; and

(iii) paid all contributions required to be paid under the employment security law.

(C) (i) Additional temporary unemployment benefits of eight weeks for an individual in a benefit year may be granted by the secretary if the requests for additional temporary unemployment are made by a requesting employer determined by the secretary to be primarily engaged in:

(a) Ready-mixed concrete production and distribution; or

(b) the construction of highways or elevated highways, streets, roads, airport runways, public sidewalks or bridges.

(ii) The total maximum amount of temporary unemployment for an individual in a benefit year , including any extension of additional temporary unemployment granted by the secretary, shall be limited to 16 weeks.

(4) 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 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.

(5) 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.

(6) 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.

(7) 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.

(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 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 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 each regular legislative session.

(e) This section shall be a part of and supplemental to the employment security law.