Eligibility

Overview 

The process used to determine your eligibility is called adjudication. We make determinations based on information from you, your employers and other sources.  Eligibility is determined on a case-by-case basis. 

After you apply for unemployment benefits, your claim may go through adjudication if there are questions about your eligibility. For example, if you were fired from your job, more information will be needed to make a determination.

Adjudications Process

• Your claim will be put on a temporary hold while we determine your eligibility.  
  Keep submitting weekly certifications each week as long as you remain unemployed. 
• If you are filing an online application, we will ask you to download the form(s) after submission. There will be a clickable link after your claim is submitted. Download, complete and return the form(s) to us right away. If you do not download the form immediately you can go to www.dol.ks.gov/unemployment/forms and return the form(s) using the UI Assistance Portal. 

• If we need more information, we'll send you an email with a questionnaire and a form by mail. We'll also include a date for when you need to respond. Please reply to the email or return the form through the UI Assistance Portal.

NOTE: Failure to reply may result in a denial of benefits, possible overpayment, and collection of benefits previously received.

• Once the process is complete, you will receive a determination letter for each eligibility issue explaining why you were approved or denied unemployment benefits.   
• If you disagree with a determination, you have the right to file an appeal. Follow the instructions listed on the back of your determination letter. You can also go to our Appeals Page  for more information. 

Union Workers 

A union worker temporarily laid off due to lack of work (including school or training) may qualify for UI benefits. Check out our Union Worker: How to apply for benefits help guide. 

Labor Dispute/Strike/Lockout 

If you are a member of a bargaining unit involved in a strike or lockout resulting from a labor dispute, you are most likely ineligible for unemployment benefits during the strike or lockout. Individuals who are NOT involved in the labor dispute and are temporarily laid off because of the labor dispute are likely to be eligible to receive benefits. For more information go to the Labor Dispute/Strike/Lockout Guide located on the Guides Page.  

IMPORTANT: The law dictates that those members of a bargaining unit that is directly involved in a Labor Dispute, whether on Strike or Lockout, are likely ineligible to collect benefits. Please refer to the Employment Security Law K.S.A. 44-706(d).  

Education Staff 

Reasonable assurance is an agreement made by the employer that the employee will perform the same or similar services in the next term. Federal law requires all states to have laws governing the payment of unemployment benefits when an educational institution provides its employees with reasonable assurance. This agreement can be written, verbal or implied, and does not have to be with the same school or educational service agency. 

The reasonable assurance law applies to two groups of educational institution employees:

• Teachers, instructors, researchers, and administrators; and
• Those serving in other supporting roles, including nurses, maintenance, aides, clerks, bus drivers, and crossing guards.

School employees do not generally qualify for benefits during:

• Scheduled breaks in the school year.
• Between school years or terms if they have a contract or reasonable assurance of returning to work in the same or similar capacity in the next term. 

Several things are considered when determining if reasonable assurance exists including:

• The past employer/employee relationship.
• An established understanding that the employee will return to work.
• If the employee has placed his/her name on a list of available workers.
• Whether the employee has reason to believe he/she will not be called back.