Kentuckians who have been laid off or seen a substantial reduction in hours can apply for unemployment insurance (UI). They can claim UI for up to 26 weeks. After UI is exhausted, a current or former employee can claim Pandemic Emergency Unemployment Compensation (PEUC) for a maximum of 53 weeks, until September 4, 2021.
When a claimant exhausts their PEUC, they can apply for Pandemic Unemployment Assistance (PUA). They can claim a maximum of 79 weeks of PUA, until September 4, 2021. A self-employed person or independent contractor who would traditionally be ineligible for unemployment insurance is eligible for PUA. Kentucky has waived the one-week waiting period for unemployment benefits.
Weekly Benefit Amount
Starting July 1, 2020, the minimum weekly benefit amount (WBA) for UI is $39, and the maximum amount is $560 per week. In order to be eligible to claim unemployment insurance, a claimant must have earned enough money in their base period, the previous four calendar quarters in which they worked. (A calendar quarter is a three-month period.) Claimants can calculate their WBA using the Kentucky Career Center’s (KCC) weekly unemployment insurance benefits calculator.
Requesting UI Payments
The Kentucky Office of Unemployment Insurance pays UI benefits biweekly. A claimant can request their payment until Friday of the week for which they are claiming. An individual who filed an unemployment insurance claim and then reported a date that they were returning to work can correct this information by contacting the UI Help Line at 502-564-2900.
The hours for requesting benefits are Sunday 10 a.m. to 9 p.m. and Monday through Friday 7 a.m. to 7 p.m. A claimant can request benefits online through Kentucky’s Electronic Workplace for Employment (KEWES) or by calling 877-369-5984. A claimant will need to provide their Social Security number, personal identification number, a four-digit number they chose when filing their claim, the number of hours they worked, their hourly rate, the gross amount earned and the amount of holiday, vacation or other pay they received or will receive.
Severance pay does not count as wages. A former employee is required to report separation pay.
Mixed Earners Unemployment Compensation
Certain claimants can be eligible for receiving an additional $100 weekly payment through the Mixed Earners Unemployment Compensation (MEUC) program. In order to be eligible for MEUC, a claimant must have earned at least $5,000 in self-employment income in the most recent taxable year prior to their application for regular unemployment benefits. The claimant must also be receiving a UI benefit other than PUA and submit documentation showing their self-employment income.
Acceptable proof of income includes tax documents, 1099 forms, quarterly filings for a base period, business records during the base period, business bank statements during the base period, invoices or billing statements during the base period and written statements of contract work by the company for which the claimant is a contractor. A claimant must apply separately for MEUC, selecting the section under My Account that says File for MEUC.
Coronavirus Pandemic Unemployment Assistance
An individual applying for PUA benefits must complete KCC’s PUA self-certification forms. The individual must show that they are able and available for work, but their unemployment, partial employment, inability to work or unavailability to work was caused by a COVID-19-related reason listed in the form. The individual must complete and submit each form electronically within 48 hours to establish eligibility. If they do not return the documents, they may see a stop to their benefit payments.
A person who has a current PUA claim on file after a benefit request week that ends April 10, 2021, will have a new PUA claim generated with a Benefit Year Ending (BYE) December 31, 2022. The new claim will appear the day after the individual makes a check request on the account summary. They do not need to file a new claim.
Job Search Requirements Reinstated
Kentucky has reinstated the requirement for recipients to engage in a job search. A claimant is required to report at least one job contact a week. When a claimant requests unemployment benefits, they may be required to contact the KCC to discuss their work search efforts. A claimant should keep a detailed record of all job contacts they make. The record should include the date, location, position, method of contact, full name of the person contacted and the result of the contact.
An individual who is working part time is still required to seek full-time work. A person who is planning to return to work for their most recent employer, but has not returned to work within 12 weeks from the time the claim was filed, is required to seek work. A person who currently does not have childcare is required to seek work; a person whose work has changed from full-time to part-time is required to seek work; and a claimant who is caring for a family member diagnosed with COVID-19 is required to seek work.
Certain individuals are not required to seek work. These include members in good standing of trade unions, when the trade unions seek work for their members. Students in training programs, individuals taking a temporary leave of absence from work, workers who are part of a mass electronically filed claim (E-claim) and workers laid off with a recall date within 12 weeks of their initial claim date are also not required to seek work. Kentucky does not have a work-share program, in which an employer reduces the hours of a group of employees
What Are Eligibility Reviews?
A claimant that requests payments online will complete an eligibility review (ER) each time they request benefits. A claimant requesting payments by phone will be directed to complete an eligibility review online after six weeks. An ER allows the KCC to review an individual’s job contacts and assist the claimant with job seeker services available to them. A person with questions about an ER should call 502-564-2900 or email KCC at [email protected].
Forms of Payment
Kentucky provides unemployment insurance benefit payments by direct deposit or Kentucky’s unemployment insurance debit card. The direct deposit option will be reinstated starting June 7, 2021. Kentucky’s unemployment benefits debit card is provided by Bank of America. An individual receiving benefits does not need to have a bank account, and the state does not require cardholders to undergo a credit check to receive a debit card.
On certain holidays, banks may be closed. These include Memorial Day on May 31, 2021, and Independence Day, on July 5, 2021. These bank closures may cause UI payments to be late.
When a cardholder pays for gasoline at the pump, the action may cause a hold on their funds. They should consider paying inside, stating how much they want to purchase and signing the receipt. A restaurant may verify that a cardholder has enough in their account for the bill. A hotel may hold the amount of the estimated bill, which makes this amount unavailable for other purchases. When the cardholder checks out, the hold may take a few days to be removed.
Returning to Work
An employee who is returning to work must report all earnings during the weeks in which they claim benefits. They should report gross wages earned, not the amount they will receive after taxes have been deducted. Eighty percent of a claimant’s gross wages will be deducted from their weekly benefits. An individual who becomes unemployed again is required to file a new claim to requalify for UI benefits.
On April 15, 2021, KCC opened regional offices for in-person UI services with appointments only. Not all services are provided at all offices, so applicants should check the website to see what services their local KCC office provides. KCC offices are holding virtual job fairs and drive-through job fairs. They are also providing some services relating to finding jobs or getting training remotely.
Schools Are Reopening
Kentucky Governor Andy Beshear issued an executive order encouraging school districts to offer or expand in-person instructional opportunities beginning March 1, 2021. Schools are continuing to offer virtual learning. A parent or guardian who chooses to have their child continue virtual learning may not be eligible to claim unemployment benefits on the basis that they are staying home to supervise their child’s learning.
Unemployment Insurance Fraud
Unemployment insurance fraud can involve not reporting wages earned as is required by regulation to receive Kentucky unemployment insurance. An individual who provides the KCC with false information can be disqualified from receiving benefits for up to 52 weeks. When a claimant receives benefits as a result of a fraudulent claim, interest on the amount owed will accrue. The claimant could see a lien filed against their Social Security account. They may be assessed additional lien filing processing fees.
Unemployment insurance fraud can also involve a claimant receiving fraudulent emails requesting that the claimant send money for a UI claim. A Kentucky Office of Unemployment Insurance staff member will not ask a claimant to pay money to work a UI claim. An individual who has been a victim of unemployment insurance fraud should report the fraud to the state as well as to their local police station.
Overpayments Can Be Waived
Senate Bill 7, signed into law March 11, 2021, allows Kentuckians who received overpayments of unemployment insurance benefits to seek a waiver of the requirement to repay the money. To qualify, the claimant’s overpayment must have occurred through a UI claim filed between January 27, 2020 and December 31, 2020. The overpayment must have been made without fault on the part of the recipient, and the secretary of the Kentucky Labor Cabinet must deem recovery of the overpayment contrary to fairness and good conscience.
Disaster Unemployment Assistance
Breathitt, Clay, Estill, Floyd, Johnson, Lee, Magoffin, Martin and Powell counties were impacted by severe storms, flooding, landslides and mudslides between February 27 and March 14, 2021. Individuals who became unemployed or were self-employed and had work interrupted in these counties can apply for Disaster Unemployment Assistance (DUA) benefits through the Kentucky Office of Unemployment Insurance. Claimants must show their employment or self-employment was lost or interrupted as a direct result of the disaster. They must also show they are not otherwise eligible for regular UI benefits under state or federal law. The deadline to apply for assistance is June 5, 2021.
Farmers and other self-employed individuals who are usually ineligible for UI benefits may qualify for DUA. The DUA benefits are a distinct form of relief for those impacted by the severe winter flooding. The COVID-19 pandemic is not considered a natural disaster.
After DUA claimants apply for these benefits, they are required to attend an in-person session at the Lloyd M. Hall Community Center in Salyersville between May 11 through May 13, or between May 18 through May 20. The location is only for claimants affected by the disaster. The KCC will not handle any other claims at the center. All applicants should bring a photo ID and a bill showing their current address. A self-employed individual filing a claim in-person should bring a copy of their 2020 income tax return.
References
- Kentucky Governor Andy Beshear: Executive Order State Of Emergency February 23, 2021
- Kentucky Career Center: Weekly Unemployment Insurance Benefits Calculator
- Kentucky Career Center: Getting Started, Unemployment Insurance
- Kentucky Career Center: Unemployment Insurance, Mixed Earners Unemployment Compensation
- Kentucky Career Center: Work Search Frequently Asked Questions
- Commonwealth of Kentucky Labor Cabinet: Disaster Unemployment Assistance Available for Those Impacted by Severe Storms, Flooding in 9 Ky. Counties
- Kentucky General Assembly: Senate Bill 7
- Kentucky Career Center: Office Locations
- Kentucky Career Center: Letter to Pandemic Unemployment Assistance (PUA) Claimant
- Kentucky Career Center Cumberlands: Job Fair News
- Kentucky Career Center: Kentucky's Unemployment Insurance Self-Service Web
Writer Bio
Jessica Zimmer is a journalist and attorney based in northern California. She has practiced in a wide variety of fields, including criminal defense, property law, immigration, employment law, and family law.