Effective with respect to the payment of benefits for weeks
which begin after September 22, 1992, an employer shall not be the chargeable
employer, if that employer would otherwise be the chargeable employer but the
individual is separated from that employer as a result of the individual's
detention, incarceration or imprisonment under State, local or federal law. The
benefit charges or payments in lieu of contributions with respect to this
individual for this period shall be pooled and not chargeable to any
employer.
a) Example: An individual is
arrested on his way to work. He calls the employer to inform it that he cannot
make bail so he cannot report to work. The employer replaces the individual
because it needs to continue its production uninterrupted. The charges are
later dismissed against the individual, and he files a new benefit year claim
effective November 1, 1992. Because he was discharged for a reason other than
misconduct connected with his work, the individual is eligible for benefits. It
is determined that the employer would otherwise be the chargeable employer. Any
benefit charges or payments in lieu of contributions as a result of benefits
paid to this individual shall be pooled and not chargeable to any
employer.
b) Example: The
individual informs his employer that he has been sentenced to jail for 30 days
for a non-work related offense. He requests a leave of absence for this period,
but it is denied because he does not meet the employer's criteria for such a
leave. While the claimant is in jail, the employer, Company A, replaces the
individual. After he is released from jail, the individual returns to the
employer, but no work is available. He then files a new benefit year claim
effective January 10, 1993. The individual is eligible for benefits, and is
paid for the period from January 17, 1993 through January 30, 1993, when he
goes to work for another employer, Company B. Any benefit charges or payments
in lieu of contributions as a result of benefits paid to this individual for
the period from January 17, 1993 through January 30, 1993 shall be pooled and
not chargeable to any employer. If this individual is subsequently separated
from Company B and if Company B is determined to be the chargeable employer for
any subsequent weeks, any benefit charges or payments in lieu of contributions
as a result of benefits paid to this individual for the subsequent weeks will
be charged to Company B. However, if Company A would otherwise be the
chargeable employer with respect to this subsequent period, any benefit charges
or payments in lieu of contributions as a result of benefits paid to this
individual for this subsequent period shall be pooled.
c) Examples: An individual is arrested on his
way to work. He calls the employer to inform it that he cannot make bail so he
cannot report to work. The employer replaces the individual because it needs to
continue its production uninterrupted. The charges are later dismissed against
the individual, and he files a new benefit year claim effective March 1, 1992.
Because he was discharged for a reason other than misconduct connected with his
work, the individual is eligible for benefits. It is determined that the
employer is the chargeable employer. However, any benefit charges or payments
in lieu of contributions as a result of benefits paid to this individual for
weeks beginning on or after September 22, 1992 shall be pooled and not
chargeable to any employer. This employer remains the chargeable employer for
weeks beginning prior to September 22, 1992.
