44-704b.Same; disqualification conditions; suitablework defined.(a) Cessation of extended benefits when paid under an interstate claim ina state where an extended benefit period is not in effect:
(1) Except as provided in subsection (a)(2), an individual shall not beeligible for extended benefits for any week if:
(A) Extended benefits are payable for such week pursuant to an interstateclaim filed in any state under the interstate benefit payment plan; and
(B) no extended benefit period is in effect for such week in the statewhere the claim for extended benefits was filed.
(2) Subsection (a)(1) shall not apply with respect to the first two weeks forwhich extended benefits are payable, determined without regard to thissubsection, pursuant to an interstate claim filed under the interstate benefitpayment plan to the individual from the extended benefit account establishedfor the individual with respect to the benefit year.
(b) Disqualification conditions. (1) An individual shall bedisqualified for payment of extended benefits for any week of unemployment inthe individual's extended entitlement period and until the individual has beenemployed in each of four subsequent weeks, whether or not consecutive, and hashad earnings of at least four times the weekly extended benefit amount if thesecretary of labor finds that during such period:
(A) The individual failed to accept any offer of suitable work, as definedunder subsection (b)(2), or failed to apply for any suitable work as defined insubsection (b)(2) to which the individual was referred by the secretary oflabor; or
(B) the individual failed to actively engage in seeking work as prescribedunder subsection (b)(4).
(2) For purposes of this subsection (b), the term "suitable work" means,with respect to any individual, any work which is within such individual'scapabilities, provided, however, that the gross average weekly remunerationpayable for the work must exceed the sum of:
(A) The individual's weekly extended benefit amount, plus the amount, if any,of supplemental unemployment benefits, as defined in section 501(c)(17)(D) ofthe internal revenue code of 1954, payable to such individual for such week;and further,
(B) pays wages not less than the higher of:
(i) The minimum wage provided by section 6(a)(1) of the fair labor standardsact of 1938, without regard to any exemption; or
(ii) the applicable state or local minimum wage;
(C) except that no individual shall be denied extended benefits for failureto accept an offer of or apply for any job which meets the definition ofsuitability as described above if:
(i) The position was not offered to such individual in writing by anemploying unit or was not listed with the employment service; or
(ii) such failure could not result in a denial of benefits under thedefinition of suitable work for regular benefit claimants in subsection(c) of K.S.A. 44-706, and amendments thereto, to theextentthat the criteria of suitability in that section are not inconsistent with theprovisions of this subsection (b)(2); or
(iii) the individual furnishes satisfactory evidence to the secretaryof labor that the individual's prospects forobtaining work inthe individual's customary occupation within a reasonably short period aregood. If such evidence is deemed satisfactory for this purpose, thedetermination of whether any work is suitable with respect to such individualshall be made in accordance with the definition of suitable work for regularbenefit claimants in subsection (c) of K.S.A. 44-706, andamendments thereto, without regard to the definition specified by thissubsection (b)(2).
(3) No work shall be determined suitable work for an individual which doesnot accord with the labor standard provisions required by section 3304(a)(5) ofthe internal revenue code of 1954. Notwithstanding any other provisions of thisact, an otherwise eligible individual shall not be disqualified for refusing anoffer of suitable employment, or failing to apply for suitable employment whennotified by an employment office, or for leaving such individual's most recentwork accepted during approved training, if the acceptance of or applying forsuitable employment or continuing such work would require the individual toterminate approved training and no work shall be deemed suitable and benefitsshall not be denied under this act to any otherwise eligible individual forrefusing to accept new work under any of the following conditions:
(A) If the position offered is vacant due directly to a strike, lockout orother labor dispute;
(B) if the remuneration, hours or other conditions of the work offered aresubstantially less favorable to the individual than those prevailing forsimilar work in the locality; or
(C) if as a condition of being employed, the individual would be required tojoin or to resign from or refrain from joining any labor organization.
(4) For the purposes of subsection (b)(1)(B), an individual shall be treatedas actively engaged in seeking work during any week if:
(A) The individual has engaged in a systematic and sustained effort to obtainwork during such week; and
(B) the individual furnishes tangible evidence that the individual hasengaged in such effort during such week.
(5) The employment service shall refer any individual entitled to extendedbenefits under this act to any suitable work which meets the criteriaprescribed in subsection (b)(2).
44-704b.Same; disqualification conditions; suitablework defined.(a) Cessation of extended benefits when paid under an interstate claim ina state where an extended benefit period is not in effect:
(1) Except as provided in subsection (a)(2), an individual shall not beeligible for extended benefits for any week if:
(A) Extended benefits are payable for such week pursuant to an interstateclaim filed in any state under the interstate benefit payment plan; and
(B) no extended benefit period is in effect for such week in the statewhere the claim for extended benefits was filed.
(2) Subsection (a)(1) shall not apply with respect to the first two weeks forwhich extended benefits are payable, determined without regard to thissubsection, pursuant to an interstate claim filed under the interstate benefitpayment plan to the individual from the extended benefit account establishedfor the individual with respect to the benefit year.
(b) Disqualification conditions. (1) An individual shall bedisqualified for payment of extended benefits for any week of unemployment inthe individual's extended entitlement period and until the individual has beenemployed in each of four subsequent weeks, whether or not consecutive, and hashad earnings of at least four times the weekly extended benefit amount if thesecretary of labor finds that during such period:
(A) The individual failed to accept any offer of suitable work, as definedunder subsection (b)(2), or failed to apply for any suitable work as defined insubsection (b)(2) to which the individual was referred by the secretary oflabor; or
(B) the individual failed to actively engage in seeking work as prescribedunder subsection (b)(4).
(2) For purposes of this subsection (b), the term "suitable work" means,with respect to any individual, any work which is within such individual'scapabilities, provided, however, that the gross average weekly remunerationpayable for the work must exceed the sum of:
(A) The individual's weekly extended benefit amount, plus the amount, if any,of supplemental unemployment benefits, as defined in section 501(c)(17)(D) ofthe internal revenue code of 1954, payable to such individual for such week;and further,
(B) pays wages not less than the higher of:
(i) The minimum wage provided by section 6(a)(1) of the fair labor standardsact of 1938, without regard to any exemption; or
(ii) the applicable state or local minimum wage;
(C) except that no individual shall be denied extended benefits for failureto accept an offer of or apply for any job which meets the definition ofsuitability as described above if:
(i) The position was not offered to such individual in writing by anemploying unit or was not listed with the employment service; or
(ii) such failure could not result in a denial of benefits under thedefinition of suitable work for regular benefit claimants in subsection(c) of K.S.A. 44-706, and amendments thereto, to theextentthat the criteria of suitability in that section are not inconsistent with theprovisions of this subsection (b)(2); or
(iii) the individual furnishes satisfactory evidence to the secretaryof labor that the individual's prospects forobtaining work inthe individual's customary occupation within a reasonably short period aregood. If such evidence is deemed satisfactory for this purpose, thedetermination of whether any work is suitable with respect to such individualshall be made in accordance with the definition of suitable work for regularbenefit claimants in subsection (c) of K.S.A. 44-706, andamendments thereto, without regard to the definition specified by thissubsection (b)(2).
(3) No work shall be determined suitable work for an individual which doesnot accord with the labor standard provisions required by section 3304(a)(5) ofthe internal revenue code of 1954. Notwithstanding any other provisions of thisact, an otherwise eligible individual shall not be disqualified for refusing anoffer of suitable employment, or failing to apply for suitable employment whennotified by an employment office, or for leaving such individual's most recentwork accepted during approved training, if the acceptance of or applying forsuitable employment or continuing such work would require the individual toterminate approved training and no work shall be deemed suitable and benefitsshall not be denied under this act to any otherwise eligible individual forrefusing to accept new work under any of the following conditions:
(A) If the position offered is vacant due directly to a strike, lockout orother labor dispute;
(B) if the remuneration, hours or other conditions of the work offered aresubstantially less favorable to the individual than those prevailing forsimilar work in the locality; or
(C) if as a condition of being employed, the individual would be required tojoin or to resign from or refrain from joining any labor organization.
(4) For the purposes of subsection (b)(1)(B), an individual shall be treatedas actively engaged in seeking work during any week if:
(A) The individual has engaged in a systematic and sustained effort to obtainwork during such week; and
(B) the individual furnishes tangible evidence that the individual hasengaged in such effort during such week.
(5) The employment service shall refer any individual entitled to extendedbenefits under this act to any suitable work which meets the criteriaprescribed in subsection (b)(2).
44-704b.Same; disqualification conditions; suitablework defined.(a) Cessation of extended benefits when paid under an interstate claim ina state where an extended benefit period is not in effect:
(1) Except as provided in subsection (a)(2), an individual shall not beeligible for extended benefits for any week if:
(A) Extended benefits are payable for such week pursuant to an interstateclaim filed in any state under the interstate benefit payment plan; and
(B) no extended benefit period is in effect for such week in the statewhere the claim for extended benefits was filed.
(2) Subsection (a)(1) shall not apply with respect to the first two weeks forwhich extended benefits are payable, determined without regard to thissubsection, pursuant to an interstate claim filed under the interstate benefitpayment plan to the individual from the extended benefit account establishedfor the individual with respect to the benefit year.
(b) Disqualification conditions. (1) An individual shall bedisqualified for payment of extended benefits for any week of unemployment inthe individual's extended entitlement period and until the individual has beenemployed in each of four subsequent weeks, whether or not consecutive, and hashad earnings of at least four times the weekly extended benefit amount if thesecretary of labor finds that during such period:
(A) The individual failed to accept any offer of suitable work, as definedunder subsection (b)(2), or failed to apply for any suitable work as defined insubsection (b)(2) to which the individual was referred by the secretary oflabor; or
(B) the individual failed to actively engage in seeking work as prescribedunder subsection (b)(4).
(2) For purposes of this subsection (b), the term "suitable work" means,with respect to any individual, any work which is within such individual'scapabilities, provided, however, that the gross average weekly remunerationpayable for the work must exceed the sum of:
(A) The individual's weekly extended benefit amount, plus the amount, if any,of supplemental unemployment benefits, as defined in section 501(c)(17)(D) ofthe internal revenue code of 1954, payable to such individual for such week;and further,
(B) pays wages not less than the higher of:
(i) The minimum wage provided by section 6(a)(1) of the fair labor standardsact of 1938, without regard to any exemption; or
(ii) the applicable state or local minimum wage;
(C) except that no individual shall be denied extended benefits for failureto accept an offer of or apply for any job which meets the definition ofsuitability as described above if:
(i) The position was not offered to such individual in writing by anemploying unit or was not listed with the employment service; or
(ii) such failure could not result in a denial of benefits under thedefinition of suitable work for regular benefit claimants in subsection(c) of K.S.A. 44-706, and amendments thereto, to theextentthat the criteria of suitability in that section are not inconsistent with theprovisions of this subsection (b)(2); or
(iii) the individual furnishes satisfactory evidence to the secretaryof labor that the individual's prospects forobtaining work inthe individual's customary occupation within a reasonably short period aregood. If such evidence is deemed satisfactory for this purpose, thedetermination of whether any work is suitable with respect to such individualshall be made in accordance with the definition of suitable work for regularbenefit claimants in subsection (c) of K.S.A. 44-706, andamendments thereto, without regard to the definition specified by thissubsection (b)(2).
(3) No work shall be determined suitable work for an individual which doesnot accord with the labor standard provisions required by section 3304(a)(5) ofthe internal revenue code of 1954. Notwithstanding any other provisions of thisact, an otherwise eligible individual shall not be disqualified for refusing anoffer of suitable employment, or failing to apply for suitable employment whennotified by an employment office, or for leaving such individual's most recentwork accepted during approved training, if the acceptance of or applying forsuitable employment or continuing such work would require the individual toterminate approved training and no work shall be deemed suitable and benefitsshall not be denied under this act to any otherwise eligible individual forrefusing to accept new work under any of the following conditions:
(A) If the position offered is vacant due directly to a strike, lockout orother labor dispute;
(B) if the remuneration, hours or other conditions of the work offered aresubstantially less favorable to the individual than those prevailing forsimilar work in the locality; or
(C) if as a condition of being employed, the individual would be required tojoin or to resign from or refrain from joining any labor organization.
(4) For the purposes of subsection (b)(1)(B), an individual shall be treatedas actively engaged in seeking work during any week if:
(A) The individual has engaged in a systematic and sustained effort to obtainwork during such week; and
(B) the individual furnishes tangible evidence that the individual hasengaged in such effort during such week.
(5) The employment service shall refer any individual entitled to extendedbenefits under this act to any suitable work which meets the criteriaprescribed in subsection (b)(2).
