Chapter 22 - EXTENDED BENEFITS
1. For purposes of
section 1195 of the Employment Security Law, the following terms shall have the
following meanings:
A. Under paragraph A of
subsection 3-C, "gross average weekly remuneration" means the number of hours
worked multiplied by the hourly wage, if the offered work is for a fixed number
of hours at a fixed rate of pay. If the gross wages for the offered work vary,
the "gross average weekly remuneration" shall be determined by the actual pay
of workers who are doing the same or similar work over a period of time which
would be of sufficient length to provide a fair indication of the wages which
the individual could expect to earn.
B. Under subparagraph 2 of paragraph A of
subsection 3-C, "supplemental unemployment benefits" means payments made as
part of a written plan established and maintained by an employer and/or his
employees solely for the purpose of providing payments to former employees who
have been separated from work due to a reduction in force, the discontinuation
of plant or operation or other similar situation. Such payments are in addition
to unemployment benefits which are paid under state or federal unemployment
compensation laws.
C. Under
subparagraph (1) of paragraph C of subsection 3-C:
1. "Offered to the individual in writing"
means that the prospective employer has furnished the individual with a written
notice which will provide the individual with sufficient information so that
the individual will be able to determine the conditions of
employment.
2. "Listed with the
employment service" means that the Job Service Division of the bureau has an
active job order for the position in its files.
D. Under subparagraph (3) of paragraph C of
subsection 3-C:
1. "Reasonably short period"
means within four (4) weeks of the week for which a claim is filed.
2. "Satisfactory evidence" means written
information which is submitted by the claimant, or an oral statement which is
recorded on a Form Me. B-2.5, Claimant's Questionnaire, Form BD-4, Statement
Supporting Deputy's Findings of Fact or on any other appropriate agency form.
The deputy may verify the information which is provided by the claimant
directly with the employer that has offered work to the claimant.
E. Under paragraph A of subsection
3-E:
1. A "systematic" effort means an effort
to obtain work which is thorough, planned and takes into consideration the
local labor market conditions and hiring practices. This effort must be one
which could reasonably be expected to lead to offers of work.
2. A "sustained" effort to obtain work means
an effort which is maintained steadily and at length without weakening. The
effort to seek work must be conducted throughout the week. An individual who
holds himself available for work but is not actively contacting employers in
order to seek work shall not be considered to be making a "sustained"
effort.
F. Under
paragraph B of subsection 3-E, "tangible evidence" means a written list of
employers that have been contacted in the claimant's effort to seek work. This
list shall be written on the claimant's weekly claim form which is used to file
a claim for benefits.
G. For
purposes of subsection (E)(2) of this Chapter, "throughout the week" means
contacting at least four (4) different employers on at least two (2) days of
the week.
Notes
October 2, 1989
AMENDED:
May 30, 2000
STATUTORY AUTHORITY: 26 M.R.S.A., Section1082 , Subsection 2 .
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