KRS § 341.370 — KY Code / Title XXVII / Chapter 341 / Section 341.370
341.370 Disqualifications -- Length of time
Status: in_force

341.370 Disqualifications -- Length of time.

(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 accept an

interview from a prospective employer offering suitable work, or to accept

suitable work when offered him or her, or to return to his or her customary

self-employment when so directed by the secretary;

(b) He or she has been discharged for misconduct or dishonesty connected with

his or her most recent work, or from any work which occurred after the first

day of the worker's base period and which last preceded his or her most recent

work, but legitimate activity in connection with labor organizations or failure

to join a company union shall not be construed as misconduct;

(c) He or she has left his or her most recent suitable work or any other suitable

work which occurred after the first day of the worker's base period and which

last preceded his or her most recent work voluntarily without good cause

attributable to the employment. No otherwise eligible worker shall be

disqualified from receiving benefits for:

1. Leaving his or her next most recent suitable work which was concurrent

with his or her most recent work;

2. Leaving work which is one hundred (100) road miles or more, as

measured on a one (1) way basis, from his or her home to accept work

which is less than one hundred (100) road miles from his or her home;

3. Accepting work which is a bona fide job offer with a reasonable

expectation of continued employment; or

4. Leaving work to accompany the worker's spouse to a different state,

military base of assignment, or duty station that is one hundred (100)

road miles or more, as measured on a one (1) way basis, from the

worker's home when the spouse is reassigned by the military; or

(d) He or she fails to act in good faith to secure suitable work.

(2) A worker shall be disqualified from receiving benefits for any week with respect to

which he or she knowingly made a false statement to establish his or her right to or

the amount of his or her benefits, and, within the succeeding twenty-four (24)

months, for the additional weeks immediately following the date of discovery, not

to exceed a total of fifty-two (52), as may be determined by the secretary.

(3) No worker shall be disqualified under paragraph (b) or (c) of subsection (1) of this

section unless the employer, within a reasonable time as prescribed by regulations

promulgated by the secretary, notifies the cabinet and the worker in writing of the

alleged voluntary quitting or the discharge for misconduct. Nothing in this

subsection shall restrict the right of the secretary to disqualify a worker whose

employer has refused or failed to notify the Education and Labor Cabinet of the

alleged voluntary quitting or discharge for misconduct, if the alleged voluntary

quitting or discharge for misconduct is known to the secretary prior to the time

benefits are paid to the worker. The exercise of the right by the secretary, in the

absence of timely notice from the employer, shall not relieve the employer's reserve

account or reimbursing employer's account of benefit charges under the provisions

of subsection (3) of KRS 341.530.

(4) As used in this section and in subsection (3) of KRS 341.530, "most recent" work

shall be construed as that work which occurred after the first day of the worker's

base period and which last preceded the week of unemployment with respect to

which benefits are claimed; except that, if the work last preceding the week of

unemployment was seasonal, intermittent, or temporary in nature, most recent work

may be construed as that work last preceding the seasonal, intermittent, or

temporary work.

(5) No worker shall be disqualified or held ineligible under the provisions of this

section or KRS 341.350, who is separated from employment pursuant to a labor

management contract or agreement, or pursuant to an established employer plan,

program, or policy, which permits the employer to close the plant or facility for

purposes of vacation or maintenance.

(6) "Discharge for misconduct" as used in this section shall include but not be limited

to, separation initiated by an employer for falsification of an employment

application to obtain employment through subterfuge; knowing violation of a

reasonable and uniformly enforced rule of an employer; unsatisfactory attendance if

the worker cannot show good cause for absences or tardiness; damaging the

employer's property through gross negligence; refusing to obey reasonable

instructions; reporting to work under the influence of alcohol or drugs or consuming

alcohol or drugs on employer's premises during working hours; conduct

endangering safety of self or co-workers; and incarceration in jail following

conviction of a misdemeanor or felony by a court of competent jurisdiction, which

results in missing at least five (5) days work.

(7) "Duration of any period of unemployment," as that term is used in this section, shall

be the period of time beginning with the worker's discharge, voluntary quitting, or

failure to apply for or accept suitable work and running until the worker has worked

in each of ten (10) weeks, whether or not consecutive, and has earned ten (10) times

his or her weekly benefit rate in employment covered under the provisions of this

chapter or a similar law of another state or of the United States.