787 KAR 1:090 - Unemployed worker's reporting requirements
RELATES TO: KRS 341.350, 341.360, 341.370, 341.380
NECESSITY, FUNCTION, AND CONFORMITY: KRS 341.115(1) authorizes the secretary to promulgate administrative regulations necessary or suitable for the proper administration of KRS Chapter 341. This administrative regulation establishes the registration and reporting requirements that an unemployed worker is required to meet to draw benefits, the date when a claim shall be valid, the length of time a claim may be backdated, the procedures for electronic, telephone, and mail claims, and the requirement for random audits.
Section 1. Registration for
Work.
(1) An unemployed worker shall be
registered for work with a state employment service before he or she is
eligible to receive benefits. A registration shall be considered filed if the
unemployed worker completes the registration process.
(2) When an unemployed worker completes an
initial application for benefits or reopens a claim, he or she shall be
assigned a group classification code A or B based upon his or her reemployment
prospects.
(a) Group A shall consist of any
worker who is unemployed and is not subject to definite recall within a period
of twelve (12) weeks from the date of filing of the initial or reopened
claim.
(b) Group B shall include
any worker who is:
1. Unemployed and has
definite return prospects with his or her last employer within a period of
twelve (12) weeks from the date of filing of the initial or reopened
claim;
2. Unemployed because of a
labor dispute in the establishment where he or she has been employed;
or
3. A member of a union which
shall be responsible for securing future employment.
(3) During any benefit year, an
unemployed worker shall be assigned a different group classification code if
review of his or her reemployment prospects reveals that a different
classification is appropriate.
(4)
The completion of an initial application for benefits shall serve as work
registration for any group "B" unemployed worker.
Section 2. Initial or Reopened Claims for
Benefits.
(1) In order for an unemployed
worker to file an initial or reopened claim for benefits, he or she shall
complete the Initial Claim process by using:
(a) An internet claim registration through
the Web site provided by the agency for that purpose at
uiclaimsportal.ky.gov;
(b) A
telephone claim registration through the call center provided by the agency for
that purpose; or
(c) An in person
claim registration by reporting to a state employment service office that
provides unemployment insurance assistance.
(2) If any issues regarding the unemployed
worker's eligibility as provided by
KRS
341.350 or a potentially disqualifying
circumstance as provided by
KRS
341.360 or
341.370
are detected, a fact finding investigation shall be conducted during which the
unemployed worker shall:
(a) Provide picture
identification and valid proof of the worker's Social Security number from the
Social Security Administration; and
(b) Present all facts in support of the
application.
(3) The
initial or reopened claim shall be dated as of the first day of the week in
which the unemployed worker completes the procedure established in subsection
(1) of this section.
(4) Upon the
presentation by the unemployed worker of reasons found to constitute good cause
for failure to file at an earlier date, the secretary shall backdate the
initial or reopened claim to the first day of the week in which the worker
became unemployed, or the second calendar week preceding the date the worker
filed, whichever is later. Examples of good cause may include illness,
availability issues beyond the claimant's control, or lack of access to
internet or phone necessary for claim filing.
(5) An unemployed worker whose unemployment
insurance benefit check has been lost or stolen shall notify the office in
writing.
Section 3.
Claiming Weeks of Benefits.
(1) Once an
unemployed worker has filed an initial claim and established a benefit year,
the unemployed worker shall claim his or her benefits on a biweekly basis by
one (1) of the methods and within the time frames established in subsection (2)
of this section.
(a) The unemployed worker
shall claim either one (1) or both of the weeks of benefits.
(b) Except as provided in paragraph (c) of
this subsection, for every two (2) week period of benefits being claimed
following the effective date of the initial or reopened claim, the unemployed
worker shall claim his or her benefits during the calendar week following the
second week of the period.
(c) Upon
the presentation by the unemployed worker of reasons the secretary finds to be
good cause for the failure of the worker to claim his or her benefits during
the prescribed week, the secretary shall allow the worker to claim benefits for
the two (2) calendar weeks preceding the date on which the worker claimed his
or her benefits. In this case the worker shall next be eligible to claim
benefits for the two (2) calendar weeks following the weeks of benefits claimed
late. Examples of good cause may include illness, availability issues beyond
the claimant's control, lack of access to internet or phone necessary for claim
filing, or unemployment insurance system outages.
(2) Except as provided in subsection (3) of
this section, the unemployed worker shall complete a claim for benefits:
(a) Through the Web site provided by the
agency for that purpose at uiclaimsportal.ky.gov, with the claim completed
before 7 p.m. Eastern Time on the Friday of the calendar week following the
second week of the period claimed; or
(b) By telephone through the interactive
voice response system provided by the agency for that purpose, with the claim
completed between the hours of 10 a.m. and 9 p.m. Eastern Time on the Sunday,
or between the hours of 7 a.m. and 7 p.m. Eastern Time on the Monday through
the Friday of the calendar week following the second week of the period
claimed.
(3)
(a) The secretary shall direct an unemployed
worker to claim benefits by mail if it is not possible for the worker to claim
by either option provided in subsection (2) of this section due to:
1. Unavailability of those options for the
type of benefits claimed;
2.
Unavailability of those options due to technical problems; or
3. A physical or mental condition preventing
the worker from using those options.
(b) A continued claim shall cover the week or
weeks indicated on the Continued Claim Form.
(c) Any claim filed by mail shall be
considered filed on the day it is deposited in the mail and postmarked as
established in
787 KAR
1:230, Section 1(2).
(d) The provisions of this administrative
regulation governing the dating and backdating of a continued claim shall also
apply to a claim filed by mail, and unless the claim is filed within the
prescribed time, it shall not be allowed.
Section 4. Employer Filed Claims.
(1) An employer may file a claim on behalf of
an unemployed worker if:
(a) The worker has
definite recall rights within four (4) calendar weeks;
(b) The employer has a workforce of at least
100 workers at the time of the layoff;
(c) The employer submits the claim
information in the required electronic format using the Directions for
Submitting an Employer Mass Electronic Claim (E-claim) File and the E-claim -
Template; and
(d) Prior to the
first time an employer files a claim on behalf of a worker, the employer
submits a test sample of claim information and receives confirmation from the
Office of Unemployment Insurance that the information is in the required format
prior to the date the period of unemployment will begin.
(2) The effective date of an employer filed
claim shall be the first day of the week in which the period of unemployment
began.
(3) An unemployed worker who
does not file a continued claim for benefits established under an employer
filed claim may file a new initial claim within the period of one (1) year from
the effective date of the employer filed claim.
Section 5. Eligibility Review. The secretary
may require an unemployed worker claiming benefits to report for the purpose of
continued benefit eligibility review as a condition for payment of benefits.
The requirement and interval for eligibility review shall be determined by:
(1) The worker's classification as
established in Section 1(2) of this administrative regulation;
(2) The worker's individual employment and
earning history; and
(3) The local
labor market.
Section 6.
(1) The secretary shall notify an unemployed
worker if the secretary determines that the unemployed worker failed to file a
claim for benefits or register for work within the specified time due to:
(a) The employer's failure to comply with 787
KAR Chapter 1;
(b) Coercion or
intimidation exercised by the employer to prevent the prompt filing of a claim;
or
(c) Failure by the Office of
Unemployment Insurance personnel to discharge necessary
responsibilities.
(2)
(a) Except as provided in paragraph (b) of
this subsection, an unemployed worker shall have fourteen (14) days after
receipt of the notification required by subsection (1) of this section from the
secretary within which to file a claim.
(b) A claim shall not be filed later than
thirteen (13) weeks subsequent to the end of the actual or potential benefit
year involved.
Section
7. The secretary shall conduct random audits of claims. Each
random audit shall include one (1) or more of the eligibility requirements
provided by
KRS
341.350.
Section 8. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) Directions for Submitting an
Employer Mass Electronic Claim (E-claim) File, 03/20;
(b) E-Claim - Template, 03/20; and
(c) "Continued Claim Form", Rev.
2021.
(2) This material
may be inspected, copied, or obtained, subject to applicable copyright law, at
the Office of the Director of the Office of Unemployment Insurance,
Mayo-Underwood Building, 500 Mero Street, Frankfort, Kentucky 40601, Monday
through Friday, 8 a.m. to 4:30 p.m. and is available on the office's Web site
at https://kcc.ky.gov/Pages/Reports-and-forms.aspx.
Notes
STATUTORY AUTHORITY: KRS 336.015, 336.050, 341.115(1), 2021 Ky Acts ch. 169 Part 1(I)(7)
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