{"data":{"id":"us-ky/krs-341.360","jurisdiction":"us-ky","citation":"KRS 341.360","heading":"Conditions of disqualification for benefits.","body":"(1) No worker may be paid benefits for any week of unemployment:\n(a) With respect to which a strike or other bona fide labor dispute which\ncaused him to leave or lose his employment is in active progress in the\nestablishment in which he is or was employed, except that benefits may\nbe  paid unless the employer notifies the Office of Unemployment\nInsurance in writing within seven (7) days after the beginning of such\nalleged strike or labor dispute of the alleged existence of such strike or\nlabor dispute. For the purpose of this subsection, a lockout shall not be\ndeemed  to be a strike or a bona fide labor dispute and no worker shall be\ndenied benefits by reason of a lockout;\n(b) For which he has received or is seeking unemployment  compensation\nunder an unemployment  compensation law of another state or of the\nUnited States, except as otherwise provided by an arrangement between\nthis state and such other state or the United States; but if the appropriate\nagency of such state or of the United States finally determines that he is\nnot entitled to such unemployment compensation, this subsection shall\nnot apply;\n(c) 1. Which, when  based on service in an instructional, research, or\nprincipal administrative capacity in an institution of higher education\nas defined in KRS  341.067(2) or in an educational institution as\ndefined in KRS  341.067(4), begins during the period between two\n(2) successive academic years, or during a similar period between\ntwo (2) regular terms, whether or not successive, or during a period\nof paid sabbatical leave provided for in the individual's contract, if\nthe worker performs such services in the first of such academic\nyears or terms and if there is a contract or a reasonable assurance\nthat the worker will perform such services in any such capacity for\nany institution or institutions of higher education or an educational\ninstitution in the second of such academic years or such terms; or\n2. Which,  when  based  on  service other than  as  defined in\nsubparagraph  1. of this paragraph, in an  institution of higher\neducation  or an  educational institution, as  defined in KRS\n341.067(2) or (4), begins during the period between  two (2)\nsuccessive academic years or terms, if the worker performs such\nservices in the first of such academic years or terms and there is a\nreasonable assurance that the worker will perform such services in\nthe second of such academic years or terms; except that if benefits\nare denied to any worker under this paragraph and such worker was\nnot  offered an  opportunity to perform such services for such\ninstitution of higher education or such educational institution for the\nsecond  of such academic years or terms, such worker shall be\nentitled to a retroactive payment of benefits for each week for which\nthe worker filed a timely claim for benefits and for which benefits\nwere denied solely by reason of this paragraph; or\n3. Which,  when  based  on  service in any  capacity defined in\nsubparagraphs  1. and  2. of this paragraph, begins during an\nestablished and customary vacation period or holiday recess if the\nworker performs any such services in the period immediately before\nsuch vacation period or holiday recess, and there is a reasonable\nassurance that such worker will perform any such services in the\nperiod immediately following such vacation period or holiday recess;\nor\n4. Based on service in any capacity defined in subparagraph 1. or 2. of\nthis paragraph when such service is performed by the worker in an\ninstitution of higher education or an educational institution, as\ndefined in KRS  341.067(2) or (4), while the worker is in the employ\nof an educational service agency, and such unemployment begins\nduring the periods and pursuant to the conditions specified in\nsubparagraphs 1., 2., and 3. of this paragraph. For purposes of this\nparagraph,  the term  \"educational service agency\"  means  a\ngovernmental agency or governmental entity which is established\nand operated exclusively for the purpose of providing such services\nto one (1) or more institutions of higher education or educational\ninstitutions;\nNotwithstanding any other provision of this paragraph, any benefits paid\nto a worker based on service other than as defined in subparagraph 1. of\nthis paragraph performed in an institution of higher education as defined\nin KRS  341.067(2) shall be deemed  to have been paid as a result of\nOffice of Unemployment  Insurance error and not recoverable by the\ncabinet or such institution if such payment is improper by virtue of the\nretroactive application to October 30, 1983, of subparagraph 2. of this\nparagraph; or\n(d) With respect to which the worker is suspended from work for misconduct,\nas defined in KRS 341.370(6), connected with the work.\n(2) Benefits shall not be paid to any individual on the basis of any services,\nsubstantially all of which consist of participating in sports or athletic events or\ntraining or preparing to so participate, for any week which commences  during\nthe period between two (2) successive sport seasons or similar periods and\nthere is a reasonable assurance that such individual will perform such services\nin the later of such seasons or similar periods.\n(3) (a) Benefits shall not be paid on the basis of services performed by an alien\nunless  such  alien is an  individual who  was  lawfully admitted for\npermanent  residence at the time such services were performed, was\nlawfully present for purposes of performing such services, or was residing\nin the United States under color of law at the time such services were\nperformed, including an alien who  was lawfully present in the United\nStates as a result of the application of the provisions of Section 203(a)(7)\nor Section 212(d)(5) of the Immigration and Nationality Act.\n(b) Any  data or information required of individuals applying for benefits to\ndetermine whether benefits are not payable to them because of their alien\nstatus shall be uniformly required from all applicants for benefits.\n(c) In the case of an  individual whose  application for benefits would\notherwise be approved, no determination that benefits to such individual\nare not payable because of his alien status shall be made except upon a\npreponderance of the evidence.","path":["KRS Chapter 341"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=52451","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:29Z","sha256":"ab7b9dbc9a70f56dbb4acb8b6f3e93f13f9d355984da2a664771542cbaff8d8d","source_id":"us-ky","stale":false,"prev":"us-ky/krs-341.355","next":"us-ky/krs-341.370"},"notice":"GroundRules: Original legal text. Not legal advice."}