1. Am I Eligible For Benefits If I Attend School?
2. What Is An Eligibility Review?
3. Disqualifications
4. Voluntary Leave
5. Discharged
6. Other Disqualifications
7. What Are My Appeal Rights?

Eligibility

1. Am I Eligible For Benefits If I Attend School?
   
   
   • Attending classes or training on a schedule that prevents you from being available for employment will make you ineligible for unemployment benefits.
     
     
   • Attending school or training in the evening or on weekends will not make you ineligible for benefits, but still must be reported to a claims specialist.
     
     
   • Under certain circumstances your classes or training may be certified as "approved training," such as a vocational training course in basic education.
     
     
     • If you qualify for "approved training," you will be eligible for benefits and the requirement to seek work will be waived during the period of time you are in school or training and making satisfactory progress towards the completion of the training.
       
       
   • Your benefits cannot be extended beyond your original employment benefits eligibility period, even if your schooling continues after your benefits have run out.
     
     
   • If you are not sure whether your training qualifies for "approved training" certification, or if you wish to file for approved training certification, contact the Kansas Unemployment Call Center for assistance.
     
     
     • A form titled "Approved Training/School Request" can be downloaded from our web site by clicking on the "Documents" link at the top of page. It can be used to report your school attendance and to apply for approved training certification.
       
       
   • Important points to remember:
     
     
     • All school or training must be reported to a claims representative at the Kansas Unemployment Call Center.
       
       
     • You should be prepared to provide your complete class schedule, including the days and hours you are in school, the hours you are available for work, and your normal hours of work before you started school.
       
       Note: To help us make a quicker decision concerning your eligibility for benefits, contact the Kansas Unemployment Call Center no later than the first week you are in school or training to provide the required information.
       
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2. What is an Eligibility Review?
   
   
   • An eligibility review is a periodic review of your efforts to find work. It is to insure you are meeting the requirements of the Kansas Employment Security Law for seeking and making proper attempts to find appropriate work.
     
     
   • All unemployment insurance claimants must provide information concerning their search for work when requested.
     
     
     • Failure to provide proof that you have been looking for work while claiming unemployment benefits may result in benefits being denied.
       
       
     • This denial could cause an overpayment of your unemployment benefits which you would be required to pay back to the agency.
       
       Note: If your eligibility review form is returned late, provide the reason why the form is late.
       
       
   • Members of a placement union or claimants on a temporary layoff are not required to apply for work.
     
     
     • They must be available for assignment to a job or recall by their employer and must return their eligibility review form to report their current employment status.
       
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3. Disqualifications
   
   
   • If you are unemployed for any reason other than lack of work, the reason you lost your job may have a bearing on whether you receive benefits.
     
     
   • Each time you become unemployed and apply for unemployment benefits, you must provide the reason you are unemployed.
     
     
   • Your employers will be notified that you have filed an unemployment claim.
     
     
   • Both you and your employer will be asked to provide separation information.
     
     
     • We will conduct a telephone interview with you to obtain your separation information.
       
       
       • You will receive a letter approximately seven (7) days after you file your application for unemployment giving you the date and time of your telephone interview. Failure to be available for the telephone interview will result in a decision based on only the information we have on file. This could disqualify you from receiving payments.
         
         
     • If you do not have a telephone number where you can be reached, you will need to call the Kansas Unemployment Call Center before your scheduled telephone interview to make other arrangements.
       
       
       • If you are not available at the time of your scheduled call due to an emergency, it is your responsibility to contact the Kansas Unemployment Call Center at your earliest opportunity for further assistance.
         
         
   • If you are disqualified from receiving unemployment benefits or found to be ineligible, you will receive a Notice of Determination letter explaining why your benefits have been denied.
     
     
     • If you disagree with the decision, you can file an appeal.
       
       
       • Your appeal rights, including instructions and time limits for filing an appeal, are explained in the determination letter.
         
         
     • You must continue to file your weekly claim for payment even if a decision is pending and you are not receiving a payment.
       
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4. Voluntarily Leaving (Quit) K.S.A. 44-706 (a)
   
   
   • You are not eligible for unemployment benefits if you voluntarily quit your job without good cause, effective the day after your separation, and continuing until you become re-employed and have insured earnings of at least three times your weekly benefit amount (WBA).
   • There are 12 exceptions to this:
     
     
     1. Quit due to illness or injury upon the advice of a licensed and practicing health care provider.
        
        
     2. Quit temporary work to return to your regular full-time employer.
        
        
     3. Quit to enlist in the armed forces of the United States, but were rejected or delayed from entry.
        
        
     4. Quit due to working conditions hazardous to your physical, mental, or moral well being.
        
        
     5. Quit due to unwelcome harassment by the employer or another employee.
        
        
     6. Quit to accept better work.
        
        
     7. Quit because the employer requested that you violate an ordinance or statute.
        
        
     8. Quit due to a violation of the work agreement.
        
        
     9. Quit due to a personal emergency.
        
        
     10. Quit due to the voluntary or involuntary transfer of your spouse from one job to another.
         
         
     11. Quit to enter training approved under the Federal Trade Act of 1974.
         
         
     12. Quit due to circumstances resulting from domestic violence.
         
         
   • For details concerning the 12 exceptions, you may obtain a copy of K.S.A. 44-706 (a) at your local public library or online at http://www.kslegislature.org/.
     
     
   • After completing a temporary job assignment, you may be disqualified if you fail to request an additional assignment on the next work day, if required by the employment agreement.
     
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5. Discharged (Fired) K.S.A. 44-706 (b)
   
   
   • You are not eligible for unemployment benefits if you are discharged (fired) for misconduct connected with the work, effective the day after your separation, and continuing until you become re-employed and have insured earnings of at least three times your weekly benefit amount (WBA).
     
     
     • "Misconduct" is defined as a violation of a duty or obligation reasonably owed the employer as a condition of employment.
       
       
     • "Gross misconduct" is defined as extreme, willful or wanton misconduct.
       
       Note: The disqualification for gross misconduct will remain in effect until you are re-employed and have the earnings of at least eight times your weekly benefit amount (WBA). In addition all wage credits earned from the employer who discharged you for gross misconduct are canceled.
       
       Refuse a Job
       
       
   • You are not eligible for unemployment benefits if you fail without good cause to apply for or accept suitable work when offered by the Workforce Center or another employer.
     
     
   • You will be disqualified beginning the Sunday of the week in which the refusal occurred and continuing until you become re-employed and have insured earnings of at least three times your weekly benefit amount (WBA).
     
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6. Other Disqualifications Include:
   
   
   • Claiming or receiving unemployment insurance benefits under another state or federal law.
     
     
   • Receiving a back pay award or settlement.
     
     
   • Employees of educational institutions if they:
     
     
     • had a contract for work in a recently completed academic year or term
       
       
     • have a contract or reasonable assurance of employment with an educational institution in the same or similar position for the next academic year or term.
       
       
   • School bus or other motor vehicle drivers, employed by a private contractor to transport students and school personnel to or from school-related activities, are disqualified for benefits between academic years or terms if they have a contract or reasonable assurance of employment with a private contractor for the next academic year or term.
     
     
   • Employees of governmental entities and certain nonprofit organizations that provide services to or on behalf of an educational institution are disqualified for benefits between academic years or terms if they have a contract or reasonable assurance of employment for the next academic year or term.
     
     
   • Professional athletes between sports seasons if:
     
     
     • they were employed in the past sports season as a professional athlete
       
       
     • have a reasonable assurance of being employed as a professional athlete in the following sports season.
       
       
   • Students if:
     
     
     • you are registered and attending an established school training facility or other educational institution
       
       
     • are on vacation during or between two successive years or terms (for example, fall, spring and summer breaks) unless you are:
       
       
       1. working full time while attending school
          
          
       2. attending approved training
          
          
       3. attending evening, weekend, or limited daytime classes and are otherwise eligible.
          
          
   • Making false statements or withholding material information to obtain benefits not due to you causing a one year disqualification.
     
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7. What Are My Appeal Rights?
   
   
   • If you disagree with your Notice of Determination, you may file an appeal.
     
     
   • Your appeal rights and time limits for filing an appeal are explained on each Notice of Determination.
     
     
     • Note: You may lose your right to appeal if you do not file within the stated time limit.
       
       
   • Generally, only circumstances beyond your reasonable control will be considered good cause for late filing.
     
     
     • You can file the appeal by mail or fax to the Office of Appeals, 401 SW Topeka Boulevard, 2nd Floor, Topeka, KS 66603-3182, fax:  (785) 296-4065.
       
       
   • After you request an appeal, you will receive a notice with instructions that explain what you must do to prepare for your appeal hearing.
     
     
     • Note: It is important that you participate in the hearing since the decision will be based on information you give. Failure to take part in the hearing may result in a decision against you.
       
       
   • At the hearing you will be given a chance to present facts you believe are important to your case.
     
     
   • Any witnesses you need to help present your case must be arranged in advance so they can participate in the hearing.
     
     
   • You must continue to file your weekly claim for payment for each week you are unemployed.
     
     
     • Note: You will not be paid for any week for which you have not filed a weekly claim for payment, even if an appeal decision finds you eligible for benefits.
       
       
   • If you are found eligible for benefits, your former employer may disagree and can file an appeal.
     
     
   • An employer's appeal does not cause your benefits to stop.
     
     
     • Note: It is important that you participate in the employer's appeal hearing to ensure your information and facts are considered.
       
       
   • If the employer wins the appeal, unemployment benefits you have been paid will be considered an overpayment and will require repayment.
     
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