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ELIGIBILITY AND DISQUALIFICATIONS

Am I eligible for benefits if I attend school?
What is an Eligibility Review?
Why do you need to know why I lost my job?
Can I get benefits if I leave work voluntarily?
What if I was fired?
What if I refuse a job?
Are there reasons I can be denied benefits?
What are my appeal rights?
What is Severance Pay?
Do I have to report my severance pay when applying for unemployment?
Will severance pay impact my unemployment benefits?


Am I eligible for benefits if I attend school?

The following conditions will determine your eligibility:

  • 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. Training must be full–time, vocational or technical in nature and short–term (less than two years) to be considered approved training. If you qualify for approved training, you will be eligible for benefits and the requirement to seek work will be waived during the time you are in school or training and making satisfactory progress toward 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, review the information in the Education/Training FAQs.

Important points to remember:

  • All school or training must be reported to the Kansas Unemployment Contact Center with your weekly claims.
  • 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 decision concerning your eligibility for benefits, you must send your request to the Unemployment Contact Center no later than the first week you are in school or training and provide the required information. (see Education/Training FAQs)


What is an Eligibility Review?

An eligibility review is a periodic review of your efforts to find work. It is to ensure you are meeting the requirements of the Kansas Employment Security Law for seeking and making proper attempts to find appropriate work.

All unemployment benefits 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, you must 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 as determined by KDOL. A temporary layoff requires a return to work date within four weeks.

  • If you are a member of a union, you must have a current membership and be in good standing.
  • You must be available for assignment to a job or recall by your employer and must return the eligibility review form to report current employment status.

Why do you need to know why I lost my job?

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.

In order for you to receive benefits, a determination must be made. All determinations are based on the Kansas Employment Security Law, K.S.A. 44-706. Determinations are based on several sections of the Employment Security Law rules and regulations.

All your employers from your base period will be notified that you have filed an unemployment claim.

Both you and your employer will be asked to provide severance information.

  • We will conduct a telephone interview with you to verify your severance 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 phone interview. Included with the letter will be a form regarding your severance from employment. You will need to complete and return the form before your scheduled call.
  • High volumes of scheduled calls do not allow us to reschedule calls; if you have a conflict during the time your call is scheduled you may report the conflict to the Unemployment Contact Center.
  • If you do not have a phone number where you can be reached, you should call the Contact Center to report the circumstances.
  • If you are not available at the time of your scheduled call because of an emergency, it is your responsibility at your earliest opportunity to notify the Unemployment Contact Center
  • See the Adjudications for more information.

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. All decisions are printed and mailed.

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. Continue to file your weekly claim for payment even if a decision is pending and you are not receiving a payment.


Can I get benefits if I leave work voluntarily?

You are not eligible for unemployment benefits if you voluntarily quit your job without good cause attributable to the work or the employer. Good cause is cause of such gravity that would impel a reasonable, not supersensitive, individual exercising ordinary common sense to leave employment. Good cause requires a showing of good faith of the individual leaving work, including the presence of a genuine desire to work. This is effective the day after your last day worked and continuing until you become re-employed and have insured earnings of at least three times your weekly benefit amount.

You may still be eligible if you:

  • Quit due to illness or injury upon the advice of a licensed and practicing health care provider.
  • Quit temporary work to return to your regular full–time employer.
  • Quit to enlist in the armed forces of the United States, but were rejected or delayed from entry.
  • Quit due to working conditions hazardous to your physical, mental or moral well being.
  • Quit due to unwelcome harassment by the employer or another employee.
  • Quit to accept better work.
  • Quit because the employer requested that you violate an ordinance or statute.
  • Quit due to a violation of the work agreement.
  • Quit due to a personal emergency.
  • Quit due to the voluntary or involuntary transfer of your spouse from one military job to another.
  • Quit to enter training approved under the Federal Trade Act of 1974.
  • Quit due to circumstances resulting from domestic violence.

For details concerning the 12 exceptions, see K.S.A. 44-706 (a).

After completing a temporary job assignment, you may be disqualified if you fail to request an additional assignment on the next workday if required by the employment agreement.


What if I was fired?

You are not eligible for unemployment benefits if you are discharged (fired) for misconduct connected with the work, effective the day after your severance, and continuing until you become re–employed and have insured earnings of at least three times your weekly benefit amount.

  • "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 earnings of at least eight times your weekly benefit amount. In addition, all wage credits earned from the employer who discharged you for gross misconduct are canceled.


What if I 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.


Are there reasons I can be denied benefits?

You can be denied benefits if:

  • You have a medical condition that prevents you from seeking or accepting work immediately.
  • You are not available to seek or accept work immediately.
  • You are receiving worker's compensation for temporary or permanent total disability under the Worker's Compensation Law of any state.
  • You are not a U.S. citizen or national and do not have legal work authorization.
  • You have placed unreasonable restrictions on the wages, hours, days or location of a job you will accept.
  • You are not looking for work or you restrict your work search activities.
  • You did not report for, or satisfactorily participate in, re–employment services when required to do so.
  • You are involved in a strike (labor dispute).
  • You are self–employed.
  • You are attending school or training, which prevents you from seeking or accepting work, unless your school or training has been approved by KDOL as approved training.
  • You are on a leave of absence from your job.
  • You are a school employee who is unemployed between school terms.
  • You have refused suitable work.
  • You claim or receive unemployment insurance benefits under another state or federal law.
  • You receive a back-pay award or settlement.
  • You are employed by an educational institution and had a contract for work in a recently completed academic year or term and 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.
  • You are a substitute teacher.
  • You are a school bus or other motor vehicle driver employed by a private contractor to transport students and school personnel to or from school–related activities. You are disqualified for benefits between academic years or terms if you have a contract or reasonable assurance of employment with a private contractor for the next academic year or term.
  • You are an employee of governmental entities and certain nonprofit organizations that provide services to or on behalf of an educational institution. You 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.
  • You are a professional athlete between sports seasons and you were employed in the past sports season as a professional athlete and have a reasonable assurance of being employed as a professional athlete in the following sports season.
  • You are a student:
    • in high school registered and attending an established school training facility or other educational institution
    • on vacation during or between two successive years or terms (for example, fall, spring and summer breaks) unless you are:
      • working full time while attending school
      • attending approved training
      • attending evening, weekend or limited daytime classes and are otherwise eligible.

IMPORTANT NOTE: You are disqualified for FIVE years and subject to prosecution if you make false statements or withhold material information to obtain benefits not due to you.


What are my appeal rights?

If you disagree with your Notice of Determination, you may file an appeal. See the Appeals Process FAQs for more information.


What is Severance Pay?

Severance, termination or other similar pay is payment made by the employer when an employee is separated from a job. This can be made in a lump sum payment or several payments over a period of time.


Do I have to report my severance pay when applying for unemployments?

Yes, all severance pay must be reported to the Kansas Department of Labor when filing an initial application and weekly claims for unemployment benefits. A determination will be made to determine if and when the claimant is eligible for benefits. It is possible for claimants to receive a partial payment for their first benefit check.


Will severance pay impact my unemployment benefits?

As stated in K.S.A. 44-704, severance pay delays the date that an applicant may begin receiving unemployment benefits. Severance pay does not reduce the amount of weeks a claimant is eligible for unemployment benefits. If the payment is made in a lump sum, both the employer and claimant are asked the amount of time the pay was intended to cover. Unemployment benefits will begin after the last day the lump sum payment was intended to cover.



Disclaimer: The information listed here does not have the effect of law or regulations, but may help answer questions you have about your claim. If you have questions or a problem with your claim that is not covered on this site, please contact the Unemployment Contact Center.