KRS § 341.360 — KY Code / Title XXVII / Chapter 341 / Section 341.360
341.360 Conditions of disqualification for benefits
Status: in_force

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 Unemployment

Insurance 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;

(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

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;

Notwithstanding any other provision of this paragraph, any benefits paid

to a worker based on service other than as defined in subparagraph 1. of

this paragraph 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 Unemployment Insurance 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 subparagraph 2. of this

paragraph; or

(d) With respect to which the worker is suspended from work for misconduct,

as defined in KRS 341.370(6), connected with the work.

(2) 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.

(3) (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.