Kansas unemployment how long




















If you are still having problems after trying that, please try our contact center. You can access the unemployment benefits system by visiting GetKansasBenefits. You may change your address, phone number, email address, telephone number, password, PIN and other personal information by selecting the Change Your Information option after you log into the online unemployment benefits system.

If you have questions that cannot otherwise be answered by the weekly claim system or online, you will have to speak to an Unemployment Insurance Contact Center representative. Adjudication is the process we use to resolve questions. We will call to gather more information about an unemployment insurance claim. Your claim may go to adjudication if there are questions about why you left your job, or are meeting other eligibility requirements.

During adjudication, we will make a determination about your claim based on the current information we have, additional information we receive from you, your previous employer and even other sources. In broad terms, a claim goes to adjudication if it raises questions about why you left your job, or your eligibility for benefits. For example, if you said on your application that you were fired from your job, we'll need to find out more about those circumstances before we can decide if you're qualified for benefits.

All reasons other than lack of work layoffs will trigger adjudication. These include getting fired, quitting, taking a leave of absence and or being involved in a labor dispute. There are a number of eligibility factors that will also trigger adjudication. If my application goes to adjudication, does that mean I've been denied unemployment benefits?

If your case goes to adjudication, it means there are questions or issues that must be addressed before your claim can be cleared for payment or denied. Issues often include the reason or circumstances that led to your job loss. Yes, you should file a claim each week as long as you remain unemployed. If your case is cleared for payment and you have met all eligibility requirements, you'll get back payments for any weeks you claimed and were eligible to receive, in one lump sum.

We may call to ask you questions about your claim, or we may mail you a form and ask you to send in more information explaining the circumstances. If you're filing online, we'll provide this form for you to complete right away and mail or fax, so we have that information in our system to make a determination or follow-up with a call. We'll ask you a variety of questions to help us determine your eligibility for unemployment benefits.

It's very important that you answer all of our questions completely and honestly. This phone call is important! If you miss the first call, we will make a second attempt to contact you. If we are not able to connect during that time, we have to make a decision about your eligibility or separation based on the information we have. We'll send you a letter of determination that says you've been approved for unemployment benefits or explains why we've denied your claim.

If we deny your claim, the letter includes information about how to appeal and where to send your appeal. If you are denied and you decide to file an appeal, you'll get a copy of all the documentation we used to make our decision. During your appeal, you should continue to file weekly claims as long as you remain unemployed.

If there are no other issues, your benefits will be released the day after we enter your determination into our computer system. Your benefits—and any back payments—will be automatically deposited on your debit card or into your bank account depending on which method of payment you selected when filing your application. If you disagree with the Notice of Determination mailed to you following adjudication of a claim, you may file an appeal with the Kansas Department of Labor within 16 days of the mail date of the determination.

Your appeal rights and time limits for filing an appeal are explained on the back of your Notice of Determination.

Write a letter asking for an appeal and submit it to the Office of Appeals. Send the letter to the Office of Appeals at the contact information below. Appeals ks. After you file your appeal, staff in the Office of Appeals will prepare your hearing packet, which includes the letter of appeal, any documentation submitted with the letter of appeal, the determination being appealed, and all documentation previously submitted by both the claimant and the employer to the Kansas Department of Labor that is relevant to the issue appealed.

The case will then be scheduled for hearing. Cases are scheduled on a first in, first out basis. After you request an appeal and your appeal has been scheduled, you will receive a Notice of Telephone Hearing, instructions on how to prepare for your appeal hearing and your hearing packet.

The Notice of Telephone Hearing will list the date and time of your hearing. It is important that you follow the directions on the Notice of Telephone Hearing to register for the hearing by providing a telephone number at which to be contacted for the hearing. Register as soon as you receive your hearing notice, but in any event no later than 1 p.

In order to participate in the hearing, you are required to call the Office of Appeals by 1 p. If you do not provide a telephone number by 1 p.

It is important that you participate in the hearing because the decision will be based on information you give at the hearing. Failure to take part in the hearing may result in an erroneous decision. You can now register online for your Appeals hearing scheduled June 15, or after by providing your docket number and participant information!

The request must be made in writing by 1 p. Yes, you can have witnesses at the hearing. All witness names and telephone numbers must be provided to the Office of Appeals by 1 p. You may request that the Office of Appeals issue a subpoena to obtain necessary witnesses or evidence. The request for a subpoena must be made in writing at least seven days before the hearing date.

Your request for a subpoena can be denied, and you can state your objection to the denial at the hearing. You must also attempt to obtain the evidence or witness for the hearing yourself before seeking a subpoena. All evidence must be submitted to both the Office of Appeals and the opposing party no later than 1 p. If you do not provide the evidence to both parties in advance as required, use of the evidence may be denied.

The name and address of the opposing party you should use is listed on the bottom of the Notice of Telephone Hearing. Although it is not required, you have the right to be represented by an attorney licensed in the state of Kansas or a duly authorized representative at your hearing.

An attorney must file a written entry of appearance before the hearing with the Office of Appeals. All attorney fees must be paid by the person or company hiring the attorney. Attorney fees assessed to the claimant must be approved by the Secretary of Labor in accordance with K.

The Secretary of Labor may not approve fees in excess of 25 percent of the claimant's total benefit amount. The appeal hearing will likely be scheduled to take place by telephone. You will be called by the Appeals Referee at the time of your hearing. The opposing party and any additional witnesses or representatives will also appear on the same telephone call.

The Appeals Referee will explain the hearing procedures and then both parties will have the opportunity to present their testimony and evidence. Cross-examination is also allowed. Both parties will have the chance to make a final statement before the conclusion of the hearing. After the hearing, the Appeals Referee will consider both the facts and the law and issue a written decision that will be mailed to both parties.

You will not be given a decision the day of your hearing. Hearings are normally scheduled for 45 minutes to an hour, but the length of the hearings can vary depending on number of witnesses, volume of evidence and types of issues.

In-person hearings are held on a very limited basis if a telephone hearing is not possible. To request an in-person hearing, you must submit the request in writing. The party requesting the in-person hearing may be granted the right to appear in person, but the other party will have the option of appearing via telephone or in person unless the Appeals Referee determines that it would be best for all parties to appear in person.

All in-person hearings are held in Topeka, Kansas. Your hearing will be set for the first available time after we receive your request. The length of time before your hearing will depend on the number of other appeals to be heard. Appeals Referees are scheduled up to 35 cases per week and the length of time to issue each decision varies widely depending upon the complexity of the case.

Your decision will be mailed to you as soon as possible after the hearing. During the appeal process, you should continue to file your weekly claim for payment for each week you are unemployed. 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. You are not required to participate. However, failing to participate could negatively impact your benefits for claimants or your employer tax liability for employers.

For example, a claimant who has been paid benefits and receives an unfavorable appeal decision could result not only in a loss of future benefits, but also an overpayment of benefits previously paid that the claimant would be required to repay. It is important to appear and participate in the hearing to protect your rights.

Either party may request the decision not in their favor be reviewed by the Employment Security Board of Review the Board. The Board will review the hearing testimony and evidence and will not hold a new hearing or accept additional evidence. These additional appeals are at your expense.

Call the Office of Appeals at by 1 p. An adjudicator will determine whether or not you are eligible for benefits if you attend school. They will review whether or not attending school impacts your availability. Under certain circumstances, your classes or training may be certified as approved training. 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.

You will be disqualified for benefits if you if you voluntarily quit your job without good cause attributable to the work or the employer. You may still be eligible if you under certain circumstances outlined in Kansas law. The only way to know if you will receive benefits if you have left work voluntarily is to apply for benefits and allow one of our adjudicators to make a determination.

You are not eligible for unemployment benefits if you are discharged fired for misconduct or gross misconduct connected with the work. You are not eligible for unemployment benefits if you fail without good cause to apply for or accept suitable work when offered. We will consider a number of different factors in determining whether work is suitable including circumstances related to COVID 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. Yes, all severance pay must be reported to the Kansas Department of Labor when filing an application and weekly claims for unemployment benefits. A determination will be made to determine if and when the claimant is eligible for benefits. Someone found to have committed fraud is disqualified from receiving any unemployment benefits for a period of five years and can be prosecuted for making false statements or withholding material information to obtain benefits not due to the individual.

You cannot receive workers compensation for temporary or permanent total disability under the Workers Compensation Law of any state and receive unemployment benefits simultaneously. Your benefits—and any back payments—will be automatically deposited on your debit card or into your bank account depending on which method of payment your selected when filing your application.

There are a few things that you can do to help speed up the process and make sure your claim goes smoothly through the system. Before you file your claim, make sure you have:. If your employer filed by spreadsheet, that is your application. Please do not file an application if your employer already did because that will result in a delay in benefits. However, you do still need to submit a weekly claim if your employer filed by spreadsheet.

If you forgot to add an employee, please file a new spreadsheet for just that person. Please do not resubmit a duplicate spreadsheet with the employee left off added. Send an e-mail to KDOL. ClaimMaintenance ks. Make sure to include your Company Name, your name, title and contact information. You may be contacted if further information is needed. Do not submit another spreadsheet. By filing by spreadsheet, the employer is able to submit the application for unemployment insurance benefits for all employees.

They will have the opportunity to provide all information at once instead of responding to individual requests for information from KDOL. This also allows employers direct access to one of Employer Relations Specialists to answer their questions instead of waiting on hold at our UI Contact Center.

The process saves time for employers while helping claimants receive benefits faster and easier! When you are ready to upload, you can use your existing Unemployment Tax Username and password. If you do not have one, you can register online. The Social Security Numbers should not include any dashes -. It is important that you do not alter the form, as doing so may prevent us from being able to process the spreadsheet through our system. All information requested on the spreadsheet is needed in order to process these claims.

We appreciate your willingness to help your employees by filing their applications for them. The layoff spreadsheet is the initial filing for unemployment insurance benefits. Each individual employee or claimant is responsible for filing their own weekly claims honestly and accurately.

If a weekly claim is not filed, it cannot be paid. Employers are required to notify employees of their potential eligibility for unemployment insurance benefits. KDOL does ask that the employer inform all employees included in the layoff that identity verification with the Social Security Administration will be conducted once the layoff spreadsheet is processed. Additionally, employees will need to answer all other requests for information from KDOL. Employers should complete and send the forms back as instructed on the notices.

Unemployment Fraud is the willful misrepresentation of information by an individual for purposes of collecting unemployment benefits. Anyone who collects unemployment while knowingly doing something that would make them ineligible has committed fraud. Some unemployment benefits are paid out from this fund to workers who have lost their jobs through no fault of their own. Fraud can have a negative impact on these employers. Fraud may also reduce the balance of the UI Trust Fund which impacts payments to those who are unemployed.

Funds recovered from those fraudulently receiving regular unemployment benefits are returned to the UI Trust Fund, as appropriate. Yes, you may receive some unemployment benefits if you have other wages. You can receive benefits, or a portion of your benefits, if you work less than full time and earn less than your weekly benefit amount. You must report all wages earned that week when you file your weekly claim. A primary requirement for receiving unemployment is that you must look for and be able and available to work while you are receiving unemployment benefits.

You are not eligible for unemployment benefits if you fail without good cause to accept suitable work if it is offered to you. Suitability is determined by considering your skills, training, experience and capabilities needed for the job. Labor market conditions must also be taken into consideration when considering the suitability of any work offered your prospects for work, the number of jobs available in your chosen occupation or skills area, etc.

If it is determined the job is suitable and you failed to accept the work, you are disqualified from benefits. If the job was suitable, did you have good cause for refusing the work? Did you refuse the job because of illness, hospitalization, lack of child care or transportation, etc.?

These are availability issues. In order to establish good cause, you must have made every reasonable attempt to remove the restriction. If you refused work for a job-related reason — wages, hours, type of work, distance, etc. If you are involved in a strike labor dispute you are not eligible for unemployment benefits during the strike if you refuse to cross the picket line.

Individuals who are part of a temporary layoff by their employer are eligible to apply for unemployment benefits during the layoff period. No, you cannot collect unemployment once you return to full-time work, no matter if it is in a different state or for a different employer. If he or she is operating a full-time business, he or she is not eligible. If this is a part-time occupation such as selling cosmetics or vitamin supplements, the income must be reported and it might reduce any benefits to which he or she is entitled.

It depends on the type and timing of the training. A claimant in an approved training course is eligible to receive unemployment benefits as long as they continue to meet all the requirements of that program, reporting progress as requested. A claimant taking classes that are not classified as approved training must continue to look for work and be available for work in order to receive unemployment benefits, even if this interferes with their class schedule.

If you receive benefits you are not entitled to, you are required to repay the benefits, even if someone else made the mistake that caused the incorrect payment. When a potential overpayment is detected, we may ask you to provide information as we investigate. If an overpayment has been established, we will mail a notice of determination explaining how the overpayment occurred, the amount overpaid and how to repay the amount due. If it is determined that a claimant received more money than they were entitled to, their case is turned over to the Asset Recovery unit to collect the debt.

You may contact the Asset Recovery unit at to make arrangements to repay an overpayment. You may repay it in a lump sum or by making payments. If you have an overpayment, we will withhold future benefits payments and apply it towards the amount due. In addition, any federal and state tax refunds you may be due will be intercepted and applied to the overpayment in each year an overpayment remains.

It is to your advantage to repay overpayments as soon as possible. Kansas law requires that we collect interest on your overpayment, which over time will increase the amount you must repay. Most leads come from a quarterly cross-match of audits sent to employers. The audit checks for claimants who received benefits in the same quarter they also received wages reported by an employer. We also use the national and state directory of new hires to check for those collecting benefits after starting a new job.

Tips from the public are a great source of information in catching fraudulent activity. If you believe someone is fraudulently collecting unemployment benefits, please report it immediately to our Fraud Investigations unit.

All allegations of fraud are investigated. Yes, if you suspect that someone is fraudulently receiving unemployment benefits, please notify the Fraud Investigations unit.

Be sure to include as much information as possible so that we can adequately investigate your claim. You can make an anonymous report, but providing us with your contact information allows us to obtain additional information if necessary. The more information you can provide, the better chance we have of conducing a successful investigation. See the online or downloadable reporting forms for more details.

ReportSuspectedFraud ks. If you have completed this step and still have a fraud flag on your account, you can visit a participating law enforcement agency to have your identity verified in person.

A full list of participating law enforcement agencies can be found below. Fill out Section A. The officer will fill out Section B using the identity verification documents you provide them. Fill out Section C with your benefit payment information then print, sign and date the form under Claimant Certification.

The officer will fill out and sign under LEO Certification. Then the officer will submit the completed form to KDOL. If there are no other issues with your account, you should be contacted by KDOL in approximately 48 — 72 hours. If an investigation is opened, the process may take longer to complete. After the officer submits the completed identity verification form to KDOL, our Fraud Investigation unit will review the document and UI benefits account. We may contact you for additional questions.

If our agency determines your identity has been verified correctly, the flag will be lifted from the account. When you file an initial application, your work history will be reviewed to determine if you have earned enough wages to qualify for unemployment. If you have earned enough wages to qualify for benefits, you will be entitled to receive regular unemployment benefits for those weeks when you are either totally or partially unemployed and meet all requirements.

We determine both your weekly benefit amount WBA and your total benefit amount TBA based on the wages you earned during your base period. To qualify for benefits you must have been paid wages from insured employment in at least two quarters with the total of your wages being at least 30 times your WBA.

Insured work is work performed for employers who are required to pay unemployment insurance tax on your wages. You will be notified of your weekly benefit amount through a monetary determination, which will be issued after you file an application for benefits. The Benefit Year begins when your claim is effective. Your claim is good for one year starting with this date. The waiting week is the first weekly claim filed that the claimant is eligible for unemployment benefits and this week does not pay.

The claimant serves one waiting week per benefit year. The waiting week is resuming for any claims filed after June 15, The Order was in effect starting March 14, and is reinstated June, 15, For claims filed between. Please continue to file for unemployment benefits as soon as you become unemployed.

Your claim is effective the week you file and the waiting week will be served for the first eligible week of unemployment. Yes, if your benefit year has ended and you still need unemployment benefits, you must file a new initial claim on the GetKansasBenefits. Your monetary entitlement is active for only that year. When you file for a new benefit year, it will be reviewed as a new state unemployment claim and KDOL will determine your eligibility for either state or federal benefits.

This process of determining may take a few days and claimants will be notified via mail. In the interim, continue to file your weekly claims if you are not working or are working reduced hours.

The Weekly Benefit Amount is the amount of unemployment insurance benefits you are eligible to receive each week before taxes and other deductions, if it is determined you are eligible to receive unemployment benefits. The Total Benefit Amount is the amount of unemployment benefits you are eligible to receive during your benefit year, if it is determined that you are eligible to receive unemployment insurance benefits.

Divide your total benefit amount by your weekly benefit amount to calculate the approximate number of weeks of unemployment benefits available to you. The seasonally adjusted, three-month average unemployment rate in Kansas at the time your claim is effective. No, the amount will show only your state entitlement. You may receive some benefits for a week in which you work less than full time and earn less than your weekly benefit amount.

You may earn up to 25 percent of your weekly benefit amount WBA without a reduction to your unemployment benefits. Any earnings over 25 percent of your WBA will be deducted from your unemployment benefits on a dollar-for-dollar basis.

You must report your gross wages wages before deductions and not your take-home pay. This includes any wages received as a Reservist for weekend drill and annual training participation. All wages from employment must be reported during the week when the wages are earned, not when they are received.

Vacation, holiday, bonus, and separation pay may reduce or delay your unemployment benefits when paid. If you receive these types of pay while claiming unemployment benefits, you must report this information when you file your application and weekly claim for payment.

Certain retirement pensions will reduce your weekly benefit if the employment you are receiving the pension from is also your base period employment the first four of the last five completed calendar quarters. If you are responsible for court-ordered child support payments and are in arrears, the Kansas Department for Children and Families will initiate an order to take part of your unemployment insurance benefits.

For more information please call the Child Support Call Center at The Kansas Department of Labor cannot assist in answering any questions about child support cases. If you receive benefits you are not entitled to, you are required to repay the benefits, even if someone else made the mistake that caused the overpayment.

If you believe that the notice is incorrect, you have the right to appeal. If you are still claiming benefits, your overpayment will be deducted from your weekly unemployment payments until the overpayment is repaid. This means you will be without unemployment benefits until the overpayment is paid back. In addition, any state tax refund you may be due will be applied to the overpayment in each year an overpayment remains. Unemployment insurance is taxable income and must be reported on your federal and state income tax returns.

If you want to have taxes withheld from your weekly unemployment benefits, complete the authorization form Agreement to Withhold Federal Income Tax from UI Benefits for federal withholding and Agreement to Withhold Kansas Income Tax from Unemployment Insurance Benefits for state withholding and send them to the Unemployment Contact Center as directed on the forms. Yes, they can apply, and our staff will then determine whether or not they are eligible for benefits.

Working less than full time may still be considered unemployed depending on the amount the individual earns. If they are eligible, their weekly benefit amount will be reduced in accordance with the amount of earnings. It is important that claimants accurately report their earnings when filing their weekly claims.

Yes, they can apply, and we will determine whether or not they are eligible for benefits. We know people are holding more than one job at a time. We will look at the weekly benefit amount and how much is earned and the hours of work at the other job to determine eligibility.

To be eligible for unemployment benefits, an individual must have worked sufficiently within the last 18 months. The individual can apply for benefits, and KDOL will determine whether they have sufficient earnings during that time period to be entitled to benefits. Claims will be paid by debit card or direct deposit depending on which option you selected when filing your application for benefits. The Unemployment Debit Card is one way for unemployment claimants in Kansas to receive unemployment benefits.

A card will be mailed to your home address when your first payable week is processed. Through U. Bank, the Kansas Department of Labor KDOL deposits your unemployment benefit payments onto your card, making cash available to you through ATMs, MasterCard member financial institutions and other locations, such as grocery stores, that accept MasterCard debit cards.

The Frequently Asked Questions on the U. If a claimant selects debit card but has a previous debit card from filing for UI before, the payments may be loaded to the old card. They can call U. It is a prepaid debit card. The card carries no credit line and you are not subjected to a credit check or approval process to receive the card.

Purchases and withdrawals are limited to the balance on your card, similar to a checking account or a gift card. Receiving a debit card means your first benefit payment has been approved. Getting a debit card does not guarantee that you will continue to qualify for unemployment benefits and payments. You should continue to file a weekly claim. If you have any questions, visit GetKansasBenefits.

It can take more than one week after processing the first payable week for you to receive your debit card. Choose direct deposit in payment options for quicker access to your first payment.

You can receive cash back at select retail point-of-sale merchant locations. You can also withdraw funds with no fee at any U. Bank in the U. Check out usbankreliacard. If you opted to received your UI benefits on the U. In general, good cause means that your reason for leaving the position was job-related and was so compelling that you had no other choice than to leave. For example, if you left your job because of dangerous working conditions or sexual harassment that your employer refused to stop, you may be able to collect benefits.

You may also be eligible for benefits if you quit for certain compelling personal reasons, including to relocate with a military spouse, to escape domestic violence, due to your own illness or injury on the advice of your doctor , or due to a personal emergency. To keep collecting unemployment benefits, you must be able to work, available to work, and looking for employment. If you're incarcerated, on vacation, or in school, or you don't have adequate transportation to get to work, you likely won't be considered able and available to work.

In Kansas, you must actively search for work each week, keeping a log of your job contacts and other job search activities. You may be selected for an Eligibility Review, in which case you'll have to provide records of your job search efforts. You must also register at the Kansas Workforce Center. If you're offered a suitable position, you must accept it. In Kansas, whether a position is suitable depends on your work experience and earning history, the commuting distance from your house to the job site, the length of your unemployment, and the degree of risk to your health, safety, and morals.

If you are eligible to receive unemployment, your weekly benefit rate will be 4. You may receive benefits for between 16 to 26 weeks, depending on the unemployment rate at time you file your claim. In times of higher unemployment, additional weeks of benefits may be available. You may file your claim for unemployment benefits online or by phone. You can find online filing information and telephone contact information at the website of the Kansas Department of Labor.

After you file, you will receive an Unemployment Insurance Monetary Determination from the DOL, which will state the wages reported by all of your employers during your base period and provide your weekly benefit amount. If your unemployment claim is denied , you have 16 days to file an appeal with the Office of Appeals of the Kansas Department of Labor. A hearing will be conducted, by phone or in person, before an Unemployment Insurance Judge. You will be able to present evidence and witness testimony at the hearing.

The Judge will then issue a decision. If you disagree with the Judge's decision, you may appeal it to the Employment Security Board of Review. If you disagree with the Board's decision, you may file an appeal in state court. Claimants could file an initial PUA claim for 30 days after the program ends. This means a claimant had until Oct. Initial PUA claims filed after December 27, may be backdated no earlier than the week ending December 6, The last payable week of PUA is the week ending September 4, No application is necessary.

This program will require claimants to apply for the MEUC program and submit documentation before KDOL can determine that an individual is eligible for any weeks in which the program is in effect.



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